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losing terrace after 16 years, landlord walling up exit

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losing terrace after 16 years, landlord walling up exit

Postby AMnyc » Thu Oct 18, 2012 4:36 am

hi,

My wife and I live in an old building on the UWS. My wife has been the lease holder for 16 years. We just signed a new two year lease in April 2012. We are located on the first floor above the shops and all of our windows have bars on them. Our second means of exit (in case of fire) has been a door that leads out onto the roof of the 1-story building next door (also owned by the same landlord). The roof has been used as a terrace for 16+ years with no problems. There is a 3-foot high railing on the two exposed sides of the roof, and another building on the 4th side. In August, the landlord painted the fire escape and made some other external repairs. A few weeks later, he verbally notified us that his insurance company said the roof/terrace was not covered by the policy.

Yesterday, we received an official letter stating that we have to remove any plants etc from the roof terrace and that they will be hiring a contractor to remove the door and wall up the exit.

We'd love to find a way to keep our terrace. Obviously, we can't only have one exit from our apartment, that would be a fire code violation. But the landlord doesnt seem to realize that. Perhaps we could also sign a waiver releasing the landlord from any liability regarding the terrace?

Is there anything we can do? Any advice would be greatly appreciated.

A
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Postby TenantNet » Thu Oct 18, 2012 5:59 am

First, are you rent stab? If so, you posted in the wrong area.

Second, is the terrace used as a (or only) means of secondary egress? Or is it also used for recreational purposes? Are other tenants on your floor in the same predicament?

Third, do you have a tenants association? Do you or the tenants assoc. have a tenant attorney?

Fourth, How high - specifically - are the railings (in inches)?
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Postby AMnyc » Thu Oct 18, 2012 9:25 am

Thanks for replying!

1. We are not rent stabilized. My wife has been on the lease for a long time, since 1996, and the landlord gives us a "preferential rent" about $400 less than the legal? one stated on the lease.

2. The terrace is our only means of secondary egress in case of a fire. But like many nyers we have used it for years for recreational purposes. No one else has access to this area as the door to it goes out of our apartment.

3. There is no tenants association.

4. The railings are 36 inches high, maybe even 40 inches.

The terrace itself is about 20 feet by 20 feet. It is located 1 story off of street level.

thanks for your help
A
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Postby TenantNet » Thu Oct 18, 2012 11:20 am

If you have a preferential rent, then you are probably stabilized (although the preferential rent for someone who has been in occupancy might be illegal).

Seriously, you should look at your lease closely. If need be have a lawyer examine it (who is a tenant lawyer). Just because the landlord might tell you that you are not stabilized does not make it so. This scam happens ALL the time.

Do me a favor, send me the building address by private mail (look for the PM button here on the forum). But do not post it publicly.

Preferential rents do not exist for unregulated tenants.

Putting aside your status for the moment (and seriously you really need to look into that), look at your lease about any use of the terrace. Read the small print. Does it mention anything about the terrace? When you rented the place, did they state or imply the terrace was included? Do some research. Even though 16 years ago, was there a newspaper listing? Anything to indicate the place came with use of a terrace?

Your recreational use, do you have tables and chairs? A grill? Anything else? Take photos now before anything happens. If other tenants have similar setups, take photos of their arrangements -- even from a nearby building if possible. Fro whatever you have on the terrace, does it block egress in any way? Is there a clear path to the street?

If the terrace is blocked by the LL, are there alternate secondary means of egress?

Measure the railings in different spots. Get accurate numbers. If I remember, DOB requires 39 inches. That doesn't mean you can't use it if otherwise allowed. That means the LL would have to fix it and make it legal.
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