Tenant Claims Landlord Should Have Installed Smoke Detector in His Bedroom

Tenant sued landlord for personal injuries sustained while he was leaving his apartment during a fire that started in the three-bedroom apartment, as well as for property damage. Tenant claimed that landlord was negligent for failing to install and maintain a working smoke detector in his room within the apartment he shared with two other co-tenants. Landlord asked the court to dismiss the case, claiming that it had installed smoke detectors in tenant's apartment, although not in his individual room.

The court ruled against landlord in light of questions raised by various Building Code provisions. Sections of the 1968 NYC Building Code provided that landlords must install one or more approved and operational smoke detectors in each dwelling. So the smoke detectors in the apartment hallway and a co-tenant's bedroom satisfied this regulation. But another Building Code provision required a smoke detector in each room of an apartment used for sleeping purposes. So whether tenant or his co-tenants maintained the smoke detectors installed in other parts of the apartment was irrelevant to landlord's failure to install the required smoke detector in tenant's room. And while violation of a state statute constitutes negligence per se, violation of a NYC ordinance constitutes only evidence of possible negligence. But, in addition, some of the provisions of the NYC Administrative Code originated as laws passed by the state Legislature. So further examination was required as questions of fact remained as to whether landlord was negligent and whether landlord's actions caused tenant's injuries. Tenant didn't leave the apartment immediately when he realized it was on fire. He first attempted to put the fire out with water, then got dressed, then exited. 

Blackwell v. Triangle Sq. Corp.: Index No. 510535/2020, 2024 NY Slip Op 50989(U), 83 Misc.3d 1257(A)(Sup. Ct. Kings; 7/29/24; Stein, J)