Roof Terrace Was Part of Space Rented with Apartment

Rent-stabilized tenant sued landlord, seeking a declaration that a roof terrace was part of the space rented with her apartment. The court ruled for tenant after a trial. Landlord appealed and lost. The trial court fairly interpreted the evidence. Tenant’s 1982 and 1989 leases described the premises to include “a terrace, if any”; tenant had used the roof exclusively with landlord’s consent since 1982; and tenant had access to the roof through two full-sized doors from the apartment. There was no other public access to the roof terrace except for a fire door that only tenant and landlord had keys to. The lease language, trial testimony, physical layout, and the parties’ long-term conduct all showed that the roof terrace was a required part of the apartment and not a de minimis, or minor, part.

Garza v. 508 West 112th Street, Inc.: NYLJ, 3/29/10, p. 25, col. 5 (App. Div. 1 Dept.; Gonzalez, PJ, Moskowitz, Freedman, Richter, Roman, JJ)