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Posted by MikeW on June 01, 2001 at 12:39:26:

In Reply to: Re: Response per posted by courtwatcher on June 01, 2001 at 00:23:41:

Reading the snippet of the regulations you posted, it appears that if a formal facitility for has been maintained for the use of the roof for recreational purposes, as opposed to just leaving the door open out onto the tar roof, the removal of that facility may NOT be de minimis, and, therefore, may be considered a reduction of services. If the original posters have some sort of fenced in deck structure, this may count. Also, the fact that it is a private area accessed directly from their apartment may also be relevent.

: Check out my previous post:

: http://tenant.net/forum/board/messages/13755.html

:
: : We have been in an aprtment for over 25 years (we are senior citizens) on the top floor with a patio extending out our backdoor. The patio is over the studio aprtment below us. The patio is fenced in. There has been leakage from the roofs of the building that have allowed water to enter our apartment as well as the aprtment below the patio. The landlord has stated that he is going to remove the patio, the fence, and lock our back door removing access. We believe that this is another attempt to harass us as we are rent stabilized.
: : What rights do we have?

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Comments:
: Reading the snippet of the regulations you posted, it appears that if a formal facitility for has been maintained for the use of the roof for recreational purposes, as opposed to just leaving the door open out onto the tar roof, the removal of that facility may NOT be de minimis, and, therefore, may be considered a reduction of services.  If the original posters have some sort of fenced in deck structure, this may count.  Also, the fact that it is a private area accessed directly from their apartment may also be relevent.

: : Check out my previous post:

: : http://tenant.net/forum/board/messages/13755.html

: :
: : : We have been in an aprtment for over 25 years (we are senior citizens) on the top floor with a patio extending out our backdoor. The patio is over the studio aprtment below us. The patio is fenced in. There has been leakage from the roofs of the building that have allowed water to enter our apartment as well as the aprtment below the patio. The landlord has stated that he is going to remove the patio, the fence, and lock our back door removing access. We believe that this is another attempt to harass us as we are rent stabilized.
: : : What rights do we have?


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