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Posted by Anna on July 27, 1999 at 16:26:20:

In Reply to: roof garden with no C of O?????? posted by Ray Howard on July 27, 1999 at 10:07:46:

: Hi:

: Anyone out there knowing whether or not a roof garden occupying approx. 14% of total roof area, ruled by the CAB in 1981 to be a recreational area, a formal roof garden, for the enjoyment of tenants. The owner agreed to comply and then in February 1999 in retaliation for tenant complaints of inadequate heat and roof leaks complained to DOB about a roof garden created without a C of O, irony being the owner is a licensed architect.
: Question: is a C of O necessary for a pot and planter type garden?? Help! and thanks.

***********************

This story is strange: the owner reported his own building to the Dept of Buildings??
For a roof garden approved by DHCR's predecessor?? Did you leave something out?
Did you go to the Dept of Buildings and get a copy of the finding? 60 Hudson St, in
Manhattan. (no: I've never read where only planters need a new C of O, or even a Work Permit: is there a non-fireproof wood deck?)

The owner will be required to correct the violation and/or to pay that fine. If you can't appeal to the Dept of Buildings, you mwould have to start a lawsuit in Supreme Court to stop him from removing your garden, or maybe file a reduction of services complaint with DHCR. It's time to get to a lawyer or tenant-clinic.

When he tries to pass the fine on to you as 'added rent', don't pay it: let him sue you in Housing Court!
He should lose and it will cost him a lot more!

Here's a similar case, but with a structure that DID require a Building Permit and/or change in the C of O:
Cadim Stonehenge LLC v. Gekht,7/14/99.
summary on TenantNet: http://tenant.net/Court/Hcourt/current.html
the whole decision: http://www.nylj.com/decisions/99/07/071499b5.htm

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Comments:
: : Hi:

: : Anyone out there knowing whether or not a roof garden occupying approx. 14% of total roof area, ruled by the CAB in 1981 to be a recreational area, a formal roof garden, for the enjoyment of tenants. The owner agreed to comply and then in February 1999 in retaliation for tenant complaints of inadequate heat and roof leaks complained to DOB about a roof garden created without a C of O, irony being the owner is a licensed architect.
: : Question: is a C of O  necessary for a pot and planter type garden?? Help! and thanks.

: ***********************

: This story is strange: the owner reported his own building to the Dept of Buildings??
:     For a roof garden approved by DHCR's predecessor?? Did you leave something out?
:     Did you go to the Dept of Buildings and get a copy of the finding? 60 Hudson St, in
:     Manhattan. (no: I've never read where only planters need a new C of O, or even a Work Permit: is there a non-fireproof wood deck?)

:     The owner will be required to correct the violation and/or to pay that fine. If you can't appeal to the Dept of Buildings, you mwould have to start a lawsuit in Supreme Court to stop him from removing your garden, or maybe file a reduction of services complaint with DHCR.  It's time to get to a lawyer or tenant-clinic.

: When he tries to pass the fine on to you as 'added rent', don't pay it: let him sue you in Housing Court!
:     He should lose and it will cost him a lot more!

: Here's a similar case, but with a structure that DID require a Building Permit and/or change in the C of O:
: Cadim Stonehenge LLC v. Gekht,7/14/99.
: summary on TenantNet: http://tenant.net/Court/Hcourt/current.html
: the whole decision: http://www.nylj.com/decisions/99/07/071499b5.htm 


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