Everyone in New York craves more fresh air and sunlight, but many people, including yours truly, can’t afford apartments with backyards or spacious balconies. That’s when NYC roof access comes in handy in the city — hanging out on tar beach is a long-time NYC tradition. Going upstairs to enjoy the view and some air is practically a New York rite of passage. “Rooftops, in particular, tend to be the only outdoor access in older buildings,” says Keon Wilson, a broker at EXR. “If the building does have roof access, I think that’s a plus in the rental search.” But is hanging out on your roof legal? Here’s what you need to know before throwing a rooftop party.
Brooklyn Rentals Under $3000 on StreetEasyArticle continues below
Brighton Beach
363 Neptune Avenue
$2,300base rent
1 |
1
Greenwood
771 Fourth Avenue
$3,000base rent
2 |
1
Bushwick
949 Willoughby Avenue
$3,000base rent
1 |
1
Greenwood
141 23rd Street
$2,999base rent
2 |
1
Stuyvesant Heights
63 Mac Dougal Street
$2,699base rent
2 |
1
Sunset Park
6014 Fourth Avenue
$2,500base rent
1 |
1
Prospect Park South
50 East Tenth Street
$2,750base rent
Studio |
1
Sunset Park
6020 3rd Avenue
$3,000base rent
2 |
2
Sunset Park
815 52nd Street
$2,850base rent
3 |
1
Farragut
1349 Brooklyn Avenue
$2,600base rent
1 |
1
Downtown Brooklyn
150 Lawrence Street
$2,970base rent
Studio |
1
Prospect Lefferts Gardens
61 Clarkson Avenue
$2,750base rent
1 |
1
Table of Contents
Why Can’t You Go on Your NYC Apartment Building’s Roof?
New Yorkers in Hell’s Kitchen enjoying their building’s tar beach in July 1966. (Getty Images)
Unfortunately, not everyone is lucky enough to live in a building that allows roof access. If you’re wondering why you’re banned from using your roof while the building next door welcomes residents up top, it’s likely due to building code limitations and insurance fees.
According to a bulletin the DOB issued in 2018, to allow NYC roof access, a building must meet code requirements from the New York City Department of Buildings and the New York Fire Department, including the correct number of exits and weight capacity. Even when buildings meet these guidelines, there are insurance costs involved. Due to either structural inadequacies or high insurance premiums, some landlords never give the green light for those coveted rooftop barbecues.
“To hang out on your roof was a common thing for many decades,” says Chad Kessler, a real estate agent with New Millenium. “But now, not so much. People want to, but a lot of landlords crackdown on the behavior because it’s a liability.”
Many landlords state no roof access in leases (learn more about signing a lease) to avoid liability for anything that might happen. As a result, listing agents and brokers cannot advertise a building as having a roof deck, even if residents use the roof. “The landlords don’t want to be held liable,” says Ying Lo, a real estate agent with Nooklyn. “Making it clear that roof access is prohibited covers a landlord’s back.”
Manhattan Rentals Under $3000 on StreetEasyArticle continues below
West Village
35 Christopher Street
$2,895base rent
1 |
1
Hell’s Kitchen
406 West 47th Street
$2,500base rent
1 |
1
Hamilton Heights
345 West 145th Street
$2,400base rent
Studio |
1
Central Harlem
137 West 137th Street
$1,900base rent
Studio |
1
Fort George
46 Wadsworth Terrace
$1,975base rent
1 |
1
East Harlem
181 East 104th Street
$2,492base rent
1 |
1
Hamilton Heights
527 West 151st Street
$2,750base rent
2 |
1
Murray Hill
228 East 36th Street
$2,850base rent
1 |
1
East Harlem
320 East 126th Street
$1,900base rent
Studio |
1
Manhattan Valley
249 West 109th Street
$2,575base rent
Studio |
1
Upper West Side
163 West 79th Street
$2,875base rent
Studio |
1
Kips Bay
210 East 29th Street
$2,990base rent
Studio |
1
NYC Roof Acess: Do Landlords Look The Other Way?
Shared roof decks like this one are one of the top amenities New Yorkers want right now. (From a listing: 211 North End Ave. #25C)
NYC roof access might seem innocent enough to do without your landlord’s permission, but there are more reasons beyond liability to stay off. Tenants using the roof can damage the building when a roof is not up to code for roof deck use.
The roofs of older buildings aren’t always as stable or sustainable. “That’s where I think things get tricky and even dangerous,” Wilson says.
You may be thinking if I am not allowed up there, why is the door to my building’s roof unlocked? Even though access to your roof is unlocked (in case of fire) — it is not an invitation to hang out. Kessler advises tenants to keep to their landlords’ rules regarding roof access.
Every building is different, however, Wilson says some pre-war buildings allow their residents on top of their roofs, even if it’s not listed as a building amenity. In that case, the most critical factor in keeping the relationship between landlords and tenants healthy is mutual respect.
“If you have loud parties and the tenant below is uncomfortable, that’s when I think a landlord might become more strict about being up there,” Wilson says. “But if you’re on the roof sunbathing quietly, and you’re taking down your trash, then I think some landlords will give a blind eye.” But, of course, before spending your day on tar beach, read your lease, and then ask your landlord for permission if rules regarding usage are not crystal clear.
Greenpoint Rentals Under $3000 on StreetEasyArticle continues below
Greenpoint
87 Commercial Street
$2,890base rent
Studio |
1
Greenpoint
131 Meserole Avenue
$2,500base rent
1 |
1
Greenpoint
164 India Street
$2,000base rent
Studio |
1
Greenpoint
256 Kingsland Avenue
$3,000base rent
1 |
1
Greenpoint
85 Commercial Street
$2,890base rent
Studio |
1
Greenpoint
168 India Street
$3,000base rent
Studio |
1
Greenpoint
72 Box Street
$2,875base rent
Studio |
1
Greenpoint
160 Norman Avenue
$2,500base rent
Studio |
1
Greenpoint
70 Commercial Street
$2,700base rent
Studio |
1
Greenpoint
150 Eagle Street
$2,819base rent
Studio |
1
Greenpoint
85 Commercial Street
$2,940base rent
Studio |
1
Greenpoint
85 Commercial Street
$2,695base rent
Studio |
1
Plenty of Buildings Have Fabulous Rooftop Amenities
Some residential buildings are taking their roof decks to the next level with pools and more. (From a listing: 211 Mcguiness Boulevard #717)
More and more buildings are sprucing their roof decks to make them more appealing to renters and buyers. Who wouldn’t want to work from home on a luscious, landscaped deck overlooking the city’s waterways?
According to Kessler, NYC roof access is a highly desirable amenity partly due to the profound impact of the pandemic on the importance of outdoor space for New Yorkers. And while he says most people would probably prefer their own private outdoor space, a well-done shared roof deck can be just as enticing.
These days landlords are going beyond rooftop gardens decked with grills. Some newer buildings have rooftop pools, dog runs, fitness centers, or a projector for movie nights. Kessler said a top-floor unit he represented in Park Slope had a private rooftop terrace with intense aesthetics. “It looked like an Antonio Gaudi Park; It was mind-blowing,” he says. “It had crazy flowers and flowerbeds and moss.”
Lo’s favorite rooftop deck is at the CastleBraid building in Bushwick, where artists have decorated the space with jungle gyms, grills, furniture, and even a carousel. “It’s probably the coolest rooftop I’ve ever been on,” Lo says.
Queens Rentals Under $3000 on StreetEasyArticle continues below
Astoria
33-11 Crescent Street
$2,365base rent
1 |
1
Sunnyside
43-33 42nd Street
$2,695base rent
1 |
1
Astoria
34-17 30th Street
$2,075base rent
Studio |
1
Astoria
37-13 30th Avenue
$1,999base rent
1 |
1
Maspeth
59-85 57 Drive
$2,800base rent
2 |
1
Elmhurst
83-30 Vietor Avenue
$2,250base rent
1 |
1
Kew Gardens
83-14 Lefferts Boulevard
$2,950base rent
2 |
1
Bayside
223-58 56 Road
$2,850base rent
3 |
1
Ditmars-Steinway
24-60 27th Street
$2,600base rent
2 |
1
Rego Park
65-70 Austin Street
$2,495base rent
1 |
1
Long Island City
37-11 9th Street
$2,499base rent
2 |
1
Auburndale
40-12 Clearview Expressway
$2,650base rent
2 |
1
What About Fire Escapes?
Often, fire escapes are the most outdoor space older buildings have. While it’s tempting to sit out on your fire escape to catch some rays, keep in mind that this was not its intended use. Most fire escapes are ancient and might not be able to withstand a lot of weight. Even keeping your plants on your fire escape is a hard no. If a planter accidentally falls, you could kill someone below.
“Yours and your neighborhood’s safety should always be kept top of mind when it comes to fire escapes and rooftops,” says Wilson.
So just as in the days of “tar beach,” NYC roof access remains a highly coveted amenity — proof that even in this fast-moving city, some things never change.