Landlord Not Responsible for Tenant’s Death in Apartment Fire

January 25, 2016

LVT Number: #26734

Tenant’s family sued landlord NYCHA for wrongful death after tenant died in an apartment fire. Landlord claimed that it wasn’t responsible and asked the court to dismiss the case. The court ruled for landlord. Tenant’s family appealed and lost. Landlord had no actual or constructive notice that the smoke detector in tenant’s apartment wasn’t working. Landlord installed a working smoke detector in tenant’s apartment when tenant moved in. It was tenant’s responsibility to maintain and repair the device. 

 

 

Tenant’s family sued landlord NYCHA for wrongful death after tenant died in an apartment fire. Landlord claimed that it wasn’t responsible and asked the court to dismiss the case. The court ruled for landlord. Tenant’s family appealed and lost. Landlord had no actual or constructive notice that the smoke detector in tenant’s apartment wasn’t working. Landlord installed a working smoke detector in tenant’s apartment when tenant moved in. It was tenant’s responsibility to maintain and repair the device. 

 

 

 
Jenkins v. NYCHA: 20 N.Y.S.3d 74, 2015 NY Slip Op 08778 (App. Div. 1 Dept.; 12/1/15; Mazzarelli, JP, Moskowitz, Richter, Manzanet-Daniels, JJ)

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