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Roof deck removed - rent reduction?

Rights for non-regulated tenants

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Roof deck removed - rent reduction?

Postby NYCTenantQ » Tue Nov 15, 2011 11:08 pm

If a landlord of a non-regulated apartment removes a roof deck that has been a private amenity of the apartment a tenant rents, is the tenant entitled a rent reduction and how is the amount determined (on a month-to-month lease)?
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Postby TenantNet » Wed Nov 16, 2011 5:32 am

Non-regulated tenants are not entitled to the same guarantee of services that regulated tenants have. However some services (i.e., heat, hot water, etc.) are required by law. Others would be required if specified in the lease and even if not specified, if provided initially and were an inducement to renting at that location. I suspect a roof deck falls into that category. I'm assuming the roof deck is not illegal.

That would mean that during a lease the LL can't reduce services. However, there's nothing to prevent him from removing that service when the lease expires. On subsequent leases there should be notice of the change in services.

Month-to-month leases are nothing more than successive on-month leases, usually based on the same terms and conditions as the initial lease. But it can change, with notice. If a service is reduced, it would make sense to provide a cut in the rent, but it's not required.
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