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Posted by Ace on May 25, 2001 at 12:30:15:

In Reply to: Roof Rights for Recreations per Rent. Stab. Code / Changes posted by courtwatcher on May 23, 2001 at 10:14:17:

Thanks courtwatcher. It certainly filled in the blanks. I had figured that it was up to the LL's discretion and not considered a reduction of services.

Hopefully the tenant who asked this question will read this.

: To follow-up to a previous discussion about recreational roof rights: It appears that as of 12/2000 the rescinding of prrior rights to roof access has been determined to be a "de minimus" situation (i.e: if the LL says you can no longer go on the roof, then you aren't entitled to a reduction in rent for the reduction in this "service").
: For reference see:

: http://tenant.net/DHCR_info/newcode/final/rscsr2.htm

: (Use your "find" function; type in "roof" for quick access)

: This will take you to:

: Rent Administration - Rent Stabilization Code
: Subchapter B of Chapter VIII of Subtitle S of Title 9 NYCRR

: PART 2523 NOTICES AND RECORDS
: Section 4
: New subdivisions (c), (d), (e), (f), (g) and (h) of section 2523.4 of this Part are adopted to read as follows:

: (c) Before filing an application for a reduction of the legal regulated rent pursuant to subdivision (a) of this section, a tenant must have first notified the owner or the owner's agent in writing of all the service problems listed in such application.

: Section 2523.1 of this Part is amended to read as follows:

: The following schedule sets forth conditions that will generally not constitute a failure to maintain a required service. However, this
: schedule is not intended to be exclusive, and is not determinative in all cases and under all circumstances. Therefore, it does not
: include all conditions that may be considered de minimis, and there may be circumstances where a condition, although included on the
: schedule, will nevertheless be found to constitute a decrease in a required service.

: SCHEDULE OF DE MINIMIS CONDITIONS

: BUILDING-WIDE CONDITIONS

: 19. ROOF:
: Discontinuance of recreational use (e.g., sunbathing) unless a lease clause provides for such service, or formal facilities (e.g.,
: solarium) are provided by the owner; lack of repairs where water does not leak into the building or the condition is not dangerous.

: Last updated on 12/20/00
:

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Comments:
: Thanks courtwatcher.  It certainly filled in the blanks.  I had figured that it was up to the LL's discretion and not considered a reduction of services.

: Hopefully the tenant who asked this question will read this.

: : To follow-up to a previous discussion about recreational roof rights: It appears that as of 12/2000 the rescinding of prrior rights to roof access has been determined to be a "de minimus" situation (i.e:  if the LL says you can no longer go on the roof, then you aren't entitled to a reduction in rent for the reduction in this "service").
: : For reference see:

: : http://tenant.net/DHCR_info/newcode/final/rscsr2.htm

: : (Use your "find" function; type in "roof" for quick access)

: : This will take you to:

: : Rent Administration  -  Rent Stabilization Code 
: : Subchapter B of Chapter VIII of Subtitle S of Title 9 NYCRR

: : PART 2523 NOTICES AND RECORDS
: : Section 4
: : New subdivisions (c), (d), (e), (f), (g) and (h) of section 2523.4 of this Part are adopted to read as follows:

: : (c) Before filing an application for a reduction of the legal regulated rent pursuant to subdivision (a) of this section, a tenant must have first notified the owner or the owner's agent in writing of all the service problems listed in such application. 

: : Section 2523.1 of this Part is amended to read as follows:

: : The following schedule sets forth conditions that will generally not constitute a failure to maintain a required service. However, this
: : schedule is not intended to be exclusive, and is not determinative in all cases and under all circumstances. Therefore, it does not
: : include all conditions that may be considered de minimis, and there may be circumstances where a condition, although included on the
: : schedule, will nevertheless be found to constitute a decrease in a required service.

: : SCHEDULE OF DE MINIMIS CONDITIONS

: : BUILDING-WIDE CONDITIONS

: : 19. ROOF:
: : Discontinuance of recreational use (e.g., sunbathing) unless a lease clause provides for such service, or formal facilities (e.g.,
: : solarium) are provided by the owner; lack of repairs where water does not leak into the building or the condition is not dangerous.

: : Last updated on 12/20/00
: :  


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