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Posted by chelsea on June 02, 2001 at 17:12:43:

In Reply to: There might be an angle to play here... posted by MikeW on June 01, 2001 at 12:39:26:

For some reason I can't post to the original message...

The tenant should check for any written documentation establishing a right to use the deck. Most importantly, in the lease. Also in any correspondance over the years, and if available, the original advertisement to rent the place. Possibly check the certificate of occupancy, if you have the patience to negotiate the building department. If the use of the deck is referenced, this would help establish your right to use it.

Are any of the leaks into the apartment clearly from a source other from the deck? That would help point to a general maintenance problem.

You should also make sure that you can't be shown to be contributing in any way to the problems: keep the deck as clean as possible and not use heavy furniture or planters that could damage the roof surface.

I have a similar situation with a terrace at my apartment and my lawyer has said that if the landlord's employees try to remove any of my possessions from it, I should call the police. But it has never come to that...

Chelsea

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: 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:
: For some reason I can't post to the original message...

: The tenant should check for any written documentation establishing a right to use the deck.  Most importantly, in the lease.  Also in any correspondance over the years, and if available, the original advertisement to rent the place.  Possibly check the certificate of occupancy, if you have the patience to negotiate the building department. If the use of the deck is referenced, this would help establish your right to use it.

: Are any of the leaks into the apartment clearly from a source other from the deck?  That would help point to a general maintenance problem.

: You should also make sure that you can't be shown to be contributing in any way to the problems:  keep the deck as clean as possible and not use heavy furniture or planters that could damage the roof surface.

: I have a similar situation with a terrace at my apartment and my lawyer has said that if the landlord's employees try to remove any of my possessions from it, I should call the police.  But it has never  come to that...

: Chelsea

:
: ----------------


:
: : 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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