Posted by Scott Bowman on July 30, 1997 at 10:11:15:
In Reply to: roof access posted by mark ralin on July 29, 1997 at 23:49:11:
: 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 had the same problem and I believe that i have semi-good news for you.
The following applies to me. I live in a rent-stabilized SRO and I'm
assuming that this also applies to your building.
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. 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.
Call DHCR (718) 739-6400 and ask for form RA-84.
Suggestively, give your landlord or Building Mngt. a signed letter stating
that you want roof access restored to you within a week or you will apply
for the rent reduction with DHCR. This will probably prompt him to simply
open the roof door instead of having to go through legal hastles.
(He WOULD lose in such a case).
Even better, if you can get a couple more tenants together to do this with
you, then the thought of a rent-reduction for many tenants will really
shake him up. However, you shouldn't wait forever to get this support.
Acting on your own should prove adequate in this situation.
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