So long, roof access!
Up until recently the door leading to the roof of my 6-story building had been off its hinges, providing free access to a big roof that was a perfect private spot to get some sun, drink a beer in a lawn chair, etc. Looked like it'd been this way for a while, and aside from the odd beer cans, it didn't look like it was being abused.
A couple weeks ago I tried to go up there and the door had been replaced and alarmed. Roof access was one of the perks of this building, and one of my only places of solace. To abolish it without even checking with the tenants or posting a sign really pisses me off. Does anyone know what tenants' rights are on this issue?
A couple weeks ago I tried to go up there and the door had been replaced and alarmed. Roof access was one of the perks of this building, and one of my only places of solace. To abolish it without even checking with the tenants or posting a sign really pisses me off. Does anyone know what tenants' rights are on this issue?
Comments
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Did the broken door also provide free access to the six-story building to anyone who climbed up the fire escape or climbed over from another roof?
Had any burglaries occurred in the building?
Seems to me the landlord did you a favor. -
I doubt that tenants have any rights to roof access. Doing so would probably wind up in some court battle, given our litigious culture. Some moron would permit his kid to run free, only to fall over the side. Or someone would commit suicide and the victim's family would then sue, etc. etc. Plus the above-mentioned burglaries. I'm sure the landlord did this as a favor to him/herself.
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booklaw wrote: Did the broken door also provide free access to the six-story building to anyone who climbed up the fire escape or climbed over from another roof?
My building is taller than all the ones around it so there's no way to climb up to it. Fire escape leads to the back alley, nobody was ever climbing up that way either. Only way onto that roof is to be lowered from a helicopter.
Had any burglaries occurred in the building?
Seems to me the landlord did you a favor. -
I think most LL's don't like roof access b/c it's a liability. At least that's what a couple of my previous LL's said about it. As a tenant I understand that sucks to loose that access, but I think legally you are out of luck. Roof access is a luxury, not a right here.
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Oh, and I lived in a building that sounds similar to yours. Someone figured out how to get into that alley behind our building and used the fire escapes to rob a bunch of apartments multiple times (many years ago). You'd be surprised what a determined thief can do
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Is the alarm one of those D tex things with the panic paddle? The landlord, does he live in the building?
If not, then push the paddle and let the alarm sound. Don't hang around. It is powered by a 9 volt battery which will eventually run down. A couple of hours at most . Although the alarm sounds loud the sound does not travel. Eventually the LL will get tired of replacing the batteries and give up. By law he can't lock the door but at least he has fulfilled his obligation to attempt to keep the riffraff off the roof. -
OpossumQueen wrote: I think most LL's don't like roof access b/c it's a liability.
And can damage the roof -
BrooklynJack wrote: [quote=OpossumQueen]I think most LL's don't like roof access b/c it's a liability.
And can damage the roof
depending on the configuration of the building i always thought that in some instances roof access is required by the fire code as another point of egress. -
According to OP, roof access as a means of emergency egress is still there. The only difference is now the door is alarmed and so if you are "egressing" in an emergency it's OK for the alarm to sound.
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I managed real estate in this City for a long time.
One building... which I won't name that I managed had a major roof and a major view from it. I had constant problems keeping people off the roof but with a good security team we enforced the rule.
Last year I picked up a copy of the Saturday Times to read that a teenager had fallen IN to one of those chimneys that could be accessed from the roof. Apparently the building had a management team that was not as vigilant as we were back when I had the responsibility.
I knew enforcing the rules was important and yes, I got complaints from tenants but frankly I was relieved that such a tragedy had not happened on my watch. -
G2BDON wrote: According to OP, roof access as a means of emergency egress is still there. The only difference is now the door is alarmed and so if you are "egressing" in an emergency it's OK for the alarm to sound.
ah true, did not understand that on my first reading -
you are SOL. You enjoyed it for a while, but now it's over.
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Unless the roof is constructed and permitted as a roof deck, it is not suitable for use as one. The waterproof membranes used on roofs is not made of Kryptonite, it can easily be punctured by people walking on the roof. Roof leaks are a major consideration for building managements in keeping people off the roof. Plus the sound of people walking around on the roof seriously annoys the top floor residents.
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Subject: Re: So long, roof access!
DanielJ wrote: To abolish it without even checking with the tenants or posting a sign really pisses me off. Does anyone know what tenants' rights are on this issue?
Tenants probably don't have any generic roof access rights beyond what is required for emergency egress under the fire code...Does your lease say anything about it? -
A neighbor once told me a story about roof access at his old condo building. The owners got excited about using the roof as common space, and people started going up there. Then the roof membrane got damaged, and leaks started. It cost the owners $200,000 (that's what he said) to redo the roof. It came out of their collective pockets. And no more roof access.
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and then there are tenants who set up a "roof garden"... amazing what the roots of those plants can do to damage a roof when they find their way through the drainage holes in the pot and embed themselves through the layers of roofing material.
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as a previous poster stated, open the door and let the alarm ring until it dies. it wont take long. did this in my old apt and was soon after enjoying beers and the sun
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flynn wrote: as a previous poster stated, open the door and let the alarm ring until it dies. it wont take long. did this in my old apt and was soon after enjoying beers and the sun
buy an extra styrafoam cooler.
While the alarm is sounding (battery runs down), use the extra cooler to make the alarm quieter by duct taping it over the alarm. -
When the alarm battery dies, cut the extra strofoam cooler into "snowshoes" and strap them to your feet so you don't damage the roof membrane. Just don't blame me when they (or the beer) cause you trip and fall over the low parapet walls.
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(for best rests, read the following aloud while using a Billy Mayes-type voice)
To remain green:
Once summer ends, use your white styrafoam shoes in the bathroom, to protect delicate feet from cold, winter tile.
They will also protect your feet from bathroom floors that have never been cleaned.
...and make you taller.
...and squeaky
...but, wait, there's more! -
<billy's voice continues>
In the event of unexpected roof flooding, the styroshoe can be strapped to your arms, forming makeshift water-wings and offering you vital seconds to plot your own rescue before the roof collapses under the weight of this unusual deluge!
...but wait, there's still more!! -
if you act now!
You get not one, but TWO child size Styroshoes.
These shoes will piss off envirnomentalists who know that styrofoam shoes will not biodegrade for 999999999999999999 years!
Not only that, these shoes are available in pink and blue. ....Colors that are sure to piss off neighbors who feel children should not be dressed in colors that reinforce outdated, oppressive cultural norms. ...nor should they be left wandering around a 12 story roof while you are nearby, yet completely intoxicated, because your wife is away and you have somehow been left in charge!
But, available as an accessory for just $9.99 more....
An igloo size cooler to put around your dog when you tie him outside the store b/c you are buying more beer!
Yes, unlike coats, no one will steal this igloo shelter from around your dog!
(for best results, imagine a cooler with a dog's head protruding out from the front. The legs protrude underneath, ala the Fred Flintstone car.)
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