Tenants Claim Landlord Denied Them Access to Roof

February 1, 1995

LVT Number: 9418

Tenants asked the court to temporarily give them access to the roof for recreational purposes until their lawsuit for permanent access was decided. The court ruled for landlord, and tenants appealed. The appeals court also ruled for landlord. Tenants can ask for a rent cut for a service reduction. A court order giving tenants access to the roof isn't needed because tenants have an alternative remedy if the court finds that landlord must provide roof access.

Tenants asked the court to temporarily give them access to the roof for recreational purposes until their lawsuit for permanent access was decided. The court ruled for landlord, and tenants appealed. The appeals court also ruled for landlord. Tenants can ask for a rent cut for a service reduction. A court order giving tenants access to the roof isn't needed because tenants have an alternative remedy if the court finds that landlord must provide roof access.

Schleissner v. 325 West 45 Equities Group: 618 NYS2d 804 (12/1/94) (App. Div. 1 Dept.; Ellerin, JP, Wallach, Asch, Tom, JJ)

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