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Posted by courtwatcher on May 11, 2001 at 21:24:04:

In Reply to: Re: roof access posted by Ace on May 11, 2001 at 13:43:39:

Per the law, a rent stabilized building with 14 or more units MUST make available to tenants & set aside 30% of the building's roof area for recreation and tenant access.
So -- how many units in your building?

: I think it might be up to the landlord's discretion, especially if there are no barriers to keep one from falling off the roof accidentally. If you are on the top floor, usually the LL is fine with that particular tenant having access to the roof. But this is usually discussed when first signing the lease. I was in a similar situation and that was the case for me. I've since moved and now I live two floors down in my new building and was told that I was NOT allowed on the roof but I would be allowed backyard garden access. See what's in your lease.

: As far as the tenant rule to not have any laundry hanging on the roof, if the super is hanging laundry in the building he lives in, then the super can do that, because the rule specifies "tenant" and not the "super". Try not to take your hostility out on the super -- usually the super is the fall guy for the LL.

: You can try talking to the LL direct but if the LL doesn't budge, then you may ask yourself if it's worth the battle -- heat and hot water for winter versus roof access in a non-emergency situation and take it from there.

: : My wife and I have been using the roof to hang out every summer for the last 4 yrs. We've never been secretive...we have plants and plastic furniture, and I'll even go so far as to say that we've made the roof space beautiful. We've had no complaints from anyone all this time.

: : Well, we live in an old rent-stab. bldg. where something's always broken. I've kept quiet about it for as long as I've lived here, but when we went without heat or hot water for a week last winter (this happens every winter) I got fed up and called the super, and I kept on his back until he did something about it. Next thing I know, they're putting a fire alarm on the roof door and telling us we have to take our stuff down because we're not allowed up there anymore. Not only does it say nowhere in our lease that we can't go up there, but the super (who lives in an adjoining bldg.) has a clothesline up there and it DOES say specifically that tenants may not dry clothes on the roof.

: : Is it really illegal to go up to the roof, or is management just looking for a way to kick us out becuase they have nothing else on us? And, in light of the super blatantly trouncing this new "not-allowed-on-the-roof" rule, do we have a case for harrassment? Our defense is (a) we've done this without incident for 4 years, (b) we're not doing anything dangerous up there, (c) we've never been in any kind of trouble with mngmnt., and (d) we've always paid our rent on time. Any opinions?

Follow Ups:

• Please provide law that states roof is for access other than a fire exit Ace 05/12/01 (0)
• Re: Rent Stab. Tenants' legal right to roof access Lilly 05/12/01 (1)
  • Don't know if I'd go up there with a cell site in operation... MikeW 05/13/01 (0)

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Comments:
: Per the law, a rent stabilized building with 14 or more units MUST make available to tenants & set aside 30% of the building's roof area for recreation and tenant access.
: So -- how many units in your building?

: : I think it might be up to the landlord's discretion, especially if there are no barriers to keep one from falling off the roof accidentally.  If you are on the top floor, usually the LL is fine with that particular tenant having access to the roof.  But this is usually discussed when first signing the lease.  I was in a similar situation and that was the case for me.  I've since moved and now I live two floors down in my new building and was told that I was NOT allowed on the roof but I would be allowed backyard garden access.  See what's in your lease.

: : As far as the tenant rule to not have any laundry hanging on the roof, if the super is hanging laundry in the building he lives in, then the super can do that, because the rule specifies "tenant" and not the "super".  Try not to take your hostility out on the super -- usually the super is the fall guy for the LL.  

: : You can try talking to the LL direct but if the LL doesn't budge, then you may ask yourself if it's worth the battle -- heat and hot water for winter versus roof access in a non-emergency situation and take it from there.

: : : My wife and I have been using the roof to hang out every summer for the last 4 yrs. We've never been secretive...we have plants and plastic furniture, and I'll even go so far as to say that we've made the roof space beautiful. We've had no complaints from anyone all this time.

: : : Well, we live in an old rent-stab. bldg. where something's always broken. I've kept quiet about it for as long as I've lived here, but when we went without heat or hot water for a week last winter (this happens every winter) I got fed up and called the super, and I kept on his back until he did something about it. Next thing I know, they're putting a fire alarm on the roof door and telling us we have to take our stuff down because we're not allowed up there anymore. Not only does it say nowhere in our lease that we can't go up there, but the super (who lives in an adjoining bldg.) has a clothesline up there and it DOES say specifically that tenants may not dry clothes on the roof.

: : : Is it really illegal to go up to the roof, or is management just looking for a way to kick us out becuase they have nothing else on us? And, in light of the super blatantly trouncing this new "not-allowed-on-the-roof" rule, do we have a case for harrassment? Our defense is (a) we've done this without incident for 4 years, (b) we're not doing anything dangerous up there, (c) we've never been in any kind of trouble with mngmnt., and (d) we've always paid our rent on time. Any opinions?



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