Tenant No Longer Had Use of Roof

LVT Number: 17320

Tenant complained of a reduction in services because she no longer had use of the building's roof terrace. The DRA ruled against tenant. Tenant appealed and lost. Tenant had exclusive use of the roof for 30 years but had no written agreement with landlord giving her permission to use it. In 1995, landlord removed a wooden platform from the roof. Tenant didn't complain until 2002, when landlord built a new roof terrace and rented it to another tenant. Under the circumstances, tenant's loss of use of the roof was a minor condition and didn't warrant a rent reduction.

Tenant complained of a reduction in services because she no longer had use of the building's roof terrace. The DRA ruled against tenant. Tenant appealed and lost. Tenant had exclusive use of the roof for 30 years but had no written agreement with landlord giving her permission to use it. In 1995, landlord removed a wooden platform from the roof. Tenant didn't complain until 2002, when landlord built a new roof terrace and rented it to another tenant. Under the circumstances, tenant's loss of use of the roof was a minor condition and didn't warrant a rent reduction.

Vine: DHCR Adm. Rev. Dckt. No. RH410026RT (3/5/04) [6-pg. doc.]

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