Landlord Can Block Access to Roof

Tenants complained of a reduction in services based on landlord's denial of roof access. The DRA ruled against tenants, finding that the condition didn't constitute a decrease in services. Tenants appealed, claiming that prior landlord permitted access and that landlord had only recently installed a deadbolt lock on the roof door. The DHCR ruled against tenants. An inspection showed that the roof door was accessible by getting a key from the building's housekeeper. Tenants also didn't submit any proof as to when the claimed service was provided. And landlord showed that tenant's furniture had caused damage to the roof and that landlord's insurance company refused to provide coverage if the roof was open. Landlord also noted that there was no railing and that it was unsafe to leave the roof open.

In re Casella: DHCR Adm. Rev. Dckt. No. KB430147RT (1/17/97) [2-page document]