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Posted by tarbeach on May 13, 2001 at 18:22:11:

In Reply to: roof access posted by getting a little irritated on May 11, 2001 at 13:08:46:

It appears your case would be one of diminished services as you previously had access to the roof for recreational purposes.

See attached DHCR site per "ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW" (ADM. REVIEW DOCKET NO.: BH-410024-RT):

http://tenant.net/DHCR/pars/pars03/BH410024.RT

Of course, proving your situation is a whole different ball of wax.

I have been searching for the particular clause regarding tenant access and "roof rights"; but don't know if the clause is part of the Rent Stabilization Code, Multiple Dwelling Law, Real Property Law or what.

: My wife and I have been using the roof to hang out every summer for the last 4 yrs. We've never been secretive...we have plants and plastic furniture, and I'll even go so far as to say that we've made the roof space beautiful. We've had no complaints from anyone all this time.

: Well, we live in an old rent-stab. bldg. where something's always broken. I've kept quiet about it for as long as I've lived here, but when we went without heat or hot water for a week last winter (this happens every winter) I got fed up and called the super, and I kept on his back until he did something about it. Next thing I know, they're putting a fire alarm on the roof door and telling us we have to take our stuff down because we're not allowed up there anymore. Not only does it say nowhere in our lease that we can't go up there, but the super (who lives in an adjoining bldg.) has a clothesline up there and it DOES say specifically that tenants may not dry clothes on the roof.

: Is it really illegal to go up to the roof, or is management just looking for a way to kick us out becuase they have nothing else on us? And, in light of the super blatantly trouncing this new "not-allowed-on-the-roof" rule, do we have a case for harrassment? Our defense is (a) we've done this without incident for 4 years, (b) we're not doing anything dangerous up there, (c) we've never been in any kind of trouble with mngmnt., and (d) we've always paid our rent on time. Any opinions?

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Comments:
: It appears your case would be one of diminished services as you previously had access to the roof for recreational purposes.

: See attached DHCR site per "ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW" (ADM. REVIEW DOCKET NO.: BH-410024-RT):

: http://tenant.net/DHCR/pars/pars03/BH410024.RT

: Of course, proving your situation is a whole different ball of wax.

: I have been searching for the particular clause regarding tenant access and "roof rights"; but don't know if the clause is part of the Rent Stabilization Code, Multiple Dwelling Law, Real Property Law or what.



:
: : My wife and I have been using the roof to hang out every summer for the last 4 yrs. We've never been secretive...we have plants and plastic furniture, and I'll even go so far as to say that we've made the roof space beautiful. We've had no complaints from anyone all this time.

: : Well, we live in an old rent-stab. bldg. where something's always broken. I've kept quiet about it for as long as I've lived here, but when we went without heat or hot water for a week last winter (this happens every winter) I got fed up and called the super, and I kept on his back until he did something about it. Next thing I know, they're putting a fire alarm on the roof door and telling us we have to take our stuff down because we're not allowed up there anymore. Not only does it say nowhere in our lease that we can't go up there, but the super (who lives in an adjoining bldg.) has a clothesline up there and it DOES say specifically that tenants may not dry clothes on the roof.

: : Is it really illegal to go up to the roof, or is management just looking for a way to kick us out becuase they have nothing else on us? And, in light of the super blatantly trouncing this new "not-allowed-on-the-roof" rule, do we have a case for harrassment? Our defense is (a) we've done this without incident for 4 years, (b) we're not doing anything dangerous up there, (c) we've never been in any kind of trouble with mngmnt., and (d) we've always paid our rent on time. Any opinions?


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