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Roof Rights for Recreations per Rent. Stab. Code / Changes

Posted by courtwatcher on May 23, 2001 at 10:14:17:

To follow-up to a previous discussion about recreational roof rights: It appears that as of 12/2000 the rescinding of prrior rights to roof access has been determined to be a "de minimus" situation (i.e: if the LL says you can no longer go on the roof, then you aren't entitled to a reduction in rent for the reduction in this "service").
For reference see:

(Use your "find" function; type in "roof" for quick access)

This will take you to:

Rent Administration - Rent Stabilization Code
Subchapter B of Chapter VIII of Subtitle S of Title 9 NYCRR

Section 4
New subdivisions (c), (d), (e), (f), (g) and (h) of section 2523.4 of this Part are adopted to read as follows:

(c) Before filing an application for a reduction of the legal regulated rent pursuant to subdivision (a) of this section, a tenant must have first notified the owner or the owner's agent in writing of all the service problems listed in such application.

Section 2523.1 of this Part is amended to read as follows:

The following schedule sets forth conditions that will generally not constitute a failure to maintain a required service. However, this
schedule is not intended to be exclusive, and is not determinative in all cases and under all circumstances. Therefore, it does not
include all conditions that may be considered de minimis, and there may be circumstances where a condition, although included on the
schedule, will nevertheless be found to constitute a decrease in a required service.



19. ROOF:
Discontinuance of recreational use (e.g., sunbathing) unless a lease clause provides for such service, or formal facilities (e.g.,
solarium) are provided by the owner; lack of repairs where water does not leak into the building or the condition is not dangerous.

Last updated on 12/20/00

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