Landlord Can Block Tenant's Use of Roof

(Decision submitted by Michael D. Capozzi of the Manhattan law firm of Ingram Yuzek Gainen Carroll & Bertolotti, LLP, attorneys for the landlord.) Landlord sued rent-stabilized tenant, seeking a ruling from the court that tenant had no lease to the south roof area of landlord's building. Landlord also asked the court to prevent tenant from using the roof or from interfering with landlord's intended construction on the roof. The building was converted to cooperative ownership in 1987, and landlord co-op corporation had now obtained the shares to the tenant's apartment through foreclosure against the prior apartment owner. Tenant claimed that she and her family had lived in the building and used the roof exclusively for over 50 years. She claimed that landlord had the right to maintain only a 40-foot neon "Tudor City" sign on the roof. The court ruled for landlord. The facts showed that tenant didn't have a lease for the roof, only a license, which was revocable. The only direct entrance to the roof from tenant's apartment is through a bedroom window over a two-foot ledge. Tenant also had access to the roof through an emergency fire door located in the building's hallway. Until 2000, tenant had possession of a key to that door, and later was able to gain entry by requesting a key from the building porter. Building staff also had access to the roof, without tenant's consent. The roof also housed machinery for a restaurant located in the building, and the restaurant had access. In 2000, landlord installed a wood deck over a portion of the roof, and in 2001 installed a bar in the covered portion of the roof. None of the leases issued to tenant or her family members mentioned any right to use or occupy the roof. The offering plan issued when the building converted to a co-op didn't show the roof as an area usable by tenants of the apartment. Landlord could proceed with planned construction on the roof. However, even though tenant had no lease for the roof, tenant may have a right to a rent reduction under rent stabilization if roof access was found to be a service included in tenant's rent.

Prospect Owners Corp. v. Sandmeyer: Index No. 604112/02 (Sup. Ct. NY; Lehner, J) [6-pg. doc.]