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Re: roof access

Posted by TenantNet on July 30, 1997 at 12:52:03:

In Reply to: Re: roof access posted by Scott Bowman on July 30, 1997 at 10:11:15:

: : I am a stabilized tenant in a co-oped building. Do I have a right to go
: : to the roof to sunbathe, watch fireworks, and gaze the stars.
: : The landlord put an alarm on the roof door and sent a letter out that
: : the roof is off limits. I have lived here since 1958 and never had a
: : problem before. there is no mention about the roof being off limits
: : in my lease. What remedies do I have.

: I called Building Code Enforcement for Brooklyn and they informed me that
: there is no building code that states that a tenant should not be permitted
: to go on the roof of their building. It is not a building code violation
: for you to be walking on your roof.

However there are provisions that deal with safety such as the parapet
should be a certain height. Many owner's deny access for spite, but in
some cases it does deal with things like insurance and liability.

Secondly, DHCR informed me that
: if you had roof-access when you moved in and this service is now taken
: away from you, you are entitled to a rent-reduction as a result.

Theoretically, but DHCR did not tell you their policy to determine for
the tenant in such cases does not rest solely on prior access, but also
on the existence of how access is gained (bulkhead stairs as opposed to
a fire escape ladder) and the existence of equipment specifically
designed for tenant use. Many roofs are just tar beach and that is usually
not enough for DHCR.

: Call DHCR (718) 739-6400 and ask for form RA-84.

And wait ten years.

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