Landlord Can Lock Roof Door at Night

LVT Number: 13867

Tenants complained of a reduction in building-wide services. The DRA ruled against tenants, finding that that there was no decrease in services regarding roof access. Tenants appealed, claiming that landlord admitted that it locked the roof door at night and so wasn't providing continual access. The DHCR ruled against tenants. Landlord can limit roof access in a reasonable manner. This doesn't represent a decrease in services. Restricting roof access at night isn't unreasonable. And tenants didn't show that roof access was needed for an emergency exit in case of fire.

Tenants complained of a reduction in building-wide services. The DRA ruled against tenants, finding that that there was no decrease in services regarding roof access. Tenants appealed, claiming that landlord admitted that it locked the roof door at night and so wasn't providing continual access. The DHCR ruled against tenants. Landlord can limit roof access in a reasonable manner. This doesn't represent a decrease in services. Restricting roof access at night isn't unreasonable. And tenants didn't show that roof access was needed for an emergency exit in case of fire.

Kessler: DHCR Adm. Rev. Dckt. No. NC430019RT (12/29/99) [3-pg. doc.]

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