Rooftop Access Isn't Required Service

Rent-stabilized tenant complained of a reduction in services. He said that landlord had discontinued roof access, which tenant had for the previous 15 years. The DRA ruled against tenant, finding this wasn't a required service. Tenant appealed and lost. The DHCR's inspector saw that the roof area wasn't set up for recreational access and there was no indication of a traditional entry or exit to the roof from tenant's apartment. The only way tenant got access to the roof was through his apartment window. Tenant's lease also barred tenant from going on the roof. So landlord didn't deny tenant any roof access to which he was otherwise entitled, and there was no reduction in required services.

Keeton/Tsai: DHCR Adm. Rev. Docket Nos. XB410054RT, XC410012RO (8/14/09) [3-pg. doc.]