Tenant Has Right to Use Roof as Terrace

August 31, 2002

LVT Number: 16098

Landlord sued to evict tenant for using a roof extension outside her apartment as a terrace. Tenant claimed that she had openly used the rooftop as a terrace for 20 years, that employees of landlord and prior landlord had seen her do so, and that landlord never objected. The court ruled for tenant and dismissed the case. Landlord had waived any right to object to tenant's use of the roof as a terrace because it accepted rent from her for 20 years knowing she did so.

Landlord sued to evict tenant for using a roof extension outside her apartment as a terrace. Tenant claimed that she had openly used the rooftop as a terrace for 20 years, that employees of landlord and prior landlord had seen her do so, and that landlord never objected. The court ruled for tenant and dismissed the case. Landlord had waived any right to object to tenant's use of the roof as a terrace because it accepted rent from her for 20 years knowing she did so.

Rubin v. Glasner: NYLJ, 8/2/02, p. 19, col. 3 (Civ. Ct. NY; Schneider, J)

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