Landlord Not Responsible for Attack by Roommate on Shelter Occupant

Homeless shelter occupant sued landlord for negligence after he was assaulted and battered by his roommate. He claimed that landlord negligently hired and trained staff and failed to supervise them. Landlord asked the court to dismiss the case without trial. The court rejected landlord's claim that it couldn't be sued for negligence because it acted in a governmental capacity and owed the occupant no special duty of care. Landlord was a privately funded not-for-profit company and not a municipality. However, landlord provided reasonable security measures at the facility, and occupant's injuries were caused by the unforeseeable and superseding actions of the other occupant. Landlords' duty to minimize foreseeable dangers on their property, including the foreseeable criminal acts of others, arose only when landlord knew or had reason to know that there was a likelihood that the third party could endanger the safety of those lawfully on the premises. Here, the other occupant's attack on the plaintiff was spontaneous and occurred within a few minutes during curfew hours when criminal activity was unlikely. It was also perpetrated by occupant's own roommate who was required to be in his room at the time of the incident. There was no proof that landlord had any knowledge of any prior conflict between the two. And since landlord wasn't allowed to ask prospective residents about their criminal history during intake, it didn't have notice of the attacker's violent propensities. Occupant also failed to present any proof that landlord's employees were responsible for his injuries. 

Beato v. Covenant House: Index No. 161675/2015, 2020 NY Slip Op 30169(U) (Sup. Ct. NY; 1/23/20; Freed, J)