Condo Can Install Roof Protections on Neighboring Landlord's Roof

A condominium building (the condo) sued neighboring landlord of next-door residential building (landlord) and asked the court to grant the condo access to landlord's building in order to install and maintain roof protections. The condo was required to perform Local Law 11 facade work in order to repair its building. It sought a temporary license for 23 months so that it had access to install, maintain, and remove roof protections. Landlord's building was a six-story townhouse and two rent-stabilized tenants had roof access. Landlord raised concerns about the condo's proposed work, including the pipe scaffolding.

The court ruled for the condo, giving it a controlled access zone on one side of landlord's building, and permission to conduct a pre-construction survey. The condo must provide landlord with a copy of the signed and sealed pre-construction survey report, which will include photos and written descriptions of the existing conditions at landlord's building. The court also awarded landlord a license fee from the condo. Whether to do so was within the court's discretion, and landlord showed that the condo's proposed work would greatly interfere with enjoyment of the roof by landlord and tenants. The condo must pay landlord a license fee of $1,800 per month. This fee would increase to $5,400 per month after 23 months. Landlord claimed that the license fee would be donated to charity. The court also directed the condo to post a $1 million bond, be solely responsible for the installation and maintenance of the roof protections, and return landlord's property to its original condition when finished with the Local Law 11 project.

One Lincoln Plaza Condominium v. 14 W 64th St. LLC: Index No. 161931/2019, 2020 NY Slip Op 30538(U) (Sup. Ct. NY; 2/26/20; Rakower, J)