Tenant Didn't Have Exclusive Use of Terrace

Tenant complained that the initial stabilized rent for his apartment exceeded the fair market rent. The DRA ruled for tenant, and landlord appealed. Landlord claimed that the DRA hadn't considered that tenant's penthouse apartment had a terrace, which was a unique feature. The DHCR ruled against landlord. Although tenant's apartment was the only apartment opening out onto the roof terrace, other tenants had access to the roof through another public doorway leading to lower floors. The terrace area wasn't separated from the rest of the roof, and landlord had barred tenant from putting carpet, plants, or furniture there because it would block other tenants' access to the fire exits. There was also no mention of a terrace in tenant's lease or on the initial apartment registration form.

328 West 86th Street, Apt. No. PHA/PHB: DHCR Adm. Rev. Dckt. No. CH 410037-RO (9/10/93) [4-page document]