Landlord Not Liable for Rape of Tenant in Her Apartment

March 1, 1997

LVT Number: 11289

Tenant sued landlord for negligence after she was raped by three attackers in her apartment. The court ruled against tenant, and tenant appealed and lost. There was no proof of how the attackers entered the building. Tenant didn't show that the attackers were intruders rather than the building's residents or guests. So tenant couldn't prove that landlord had breached a duty to protect her against reasonably foreseeable criminal acts of others by providing inadequate security. Tenant also didn't prove that rape was caused by or directly related to extensive drug activity in the building.

Tenant sued landlord for negligence after she was raped by three attackers in her apartment. The court ruled against tenant, and tenant appealed and lost. There was no proof of how the attackers entered the building. Tenant didn't show that the attackers were intruders rather than the building's residents or guests. So tenant couldn't prove that landlord had breached a duty to protect her against reasonably foreseeable criminal acts of others by providing inadequate security. Tenant also didn't prove that rape was caused by or directly related to extensive drug activity in the building.

Maria S. v. Willow Enterprises: 641 NYS2d 486 (1996) (App. Div. 1 Dept.; Rosenberger, JP, Rubin, Ross, Tom, Andrias, JJ)

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