Satellite Dishes Installed on Boards Attached to Window

June 30, 2004

LVT Number: 17407

Landlord sued to evict tenant for installing two satellite dishes on boards attached to tenant's apartment window. The court ruled against landlord and found that the Telecommunications Act of 1996 permitted the installation. Landlord appealed and won. The federal law allows tenants to install satellite dishes when they rent space outside a building, such as balcony railings, patios, yards, or gardens. Here, tenant rented no outdoor space in connection with his apartment.

Landlord sued to evict tenant for installing two satellite dishes on boards attached to tenant's apartment window. The court ruled against landlord and found that the Telecommunications Act of 1996 permitted the installation. Landlord appealed and won. The federal law allows tenants to install satellite dishes when they rent space outside a building, such as balcony railings, patios, yards, or gardens. Here, tenant rented no outdoor space in connection with his apartment. So the Telecommunications Act didn't apply, and tenant violated his lease by attaching something to the outside walls of the building.

The Sherwood Complex LLC v. Vouzan: NYLJ, 6/2/04, p. 27, col. 5 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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