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TenantNet Forum Archives 1996-2002
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Re: roof access

Posted by Scott Bowman on July 30, 1997 at 14:52:24:

In Reply to: Re: roof access posted by TenantNet on July 30, 1997 at 12:52:03:

: : : 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.


Well Mark,

It would appear after that informative follow-up that you now have two options:

A) Go for it.
B) Rot in cynicism.

It's your call.

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