Roof Access Restored Before DRA Ruled on Complaint

Rent-stabilized tenants complained of a reduction in building-wide services after landlord discontinued roof access to tenants in August 2010. The DRA ruled against tenants, who appealed and lost. Landlord had denied roof access after the police were called to the building during an unruly party on the roof. But landlord had restored roof access in August 2011, before the DRA ruled on tenants' complaint. Landlord did so with an advisory to tenants that no alcohol or smoking was permitted on the roof. Although tenants claimed in response that there was less decking area and that some benches, tables, and chairs had been removed, that was beyond the scope of tenants' complaint. And since the service was restored before the DRA ruled on the case, no rent reduction was warranted.

Harris: DHCR Adm. Rev. Docket No. AR430005RT (6/28/13) [4-pg. doc.]