roof access

[TenantNet]

But keep in mind that any regulations from the Building Code or Fire Dept -- or even MDL or HMC -- usually have to do with safety, egress and structural integrity. On the other hand, DHCR [should] look at issues concerning the providing of a service that is part of the lease. To distinguish, albeit there is overlap, the HMC looks at minimal conditions which are acceptable, i.e., what is the minimal temperature in an apartment that is not dangerous for health concerns. In sone buildings there are services that are provided that are amenities designed to attract tenants (and for which higher rent is paid). A roof garden, doorman service and many other amenities are services that are not minimum health and safety conditions. Once that service is provided, rent regulation requires an owner to continue that service in exchange for the same rent (periodically adjusted by rent guidelines). It's a contractual relationship. The LL can't reneg on the contract - unless they petition DHCR for a reduction in service for a one-time reduction in rent. So if roof access was a provided amenity, then it should continue to be such. The LL's obligation is to make it safe and compliant with relevant codes.

[NYL]

Thanks for the Link jill...

I don't think the roof access was part of the lease and therefore it does not apply as a reduction of service.
My main concern here is not really the reduction of service but fire safety. Even though there are alternative fire stairs, I see this as a potential fire hazard/problem in case of an evacuation and was wondering if there are any laws restricting the locking of doors leading to a roof...

[TenantNet]

It does not matter if it's on the lease or not (although that helps). What matters if it was a provided service - although DHCR takes the view that there must be something on the roof other than tar that's meant for tenant use. As for fire egress, check with the fire department. They can put a crash bar with an alarm, but they can't padlock it.

[NYL]

Not sure if it counts as a fire egress (i think it does not, but not sure)...
Who could i contact in order to find out or where should i look for information regarding this ?
Right now the door is locked...There is nothing on the roof but i just think it should not be locked as any exit to the roof can help save lives in case of a fire...

[jsatenant]

This has been really helpful, thank you all for your input. I tried to get my LL to go on record as to why they closed the roof and of course they wouldn't. The verbal response was that it is a liability issue and they don't allow roof access on any of their buildings. I suggested that it was a reduction of service and she said that since it was never in a lease it doesn't qualify. I also asked that if it was a liability issue why does every other building on this block have roof access but us, and she suggested I move. So I sent my certified letter and I have to wait 10 days to file with DHCR. I have photos of the roof deck and I am going to get to the library and try to find the classified ads that advertised the roof as an amenity - but that is a long shot - I doubt I will have the patience to go through all those old NY Times.