Tenant Installed Satellite Dish on Window Guard

Landlord sued to evict tenant for the unauthorized installation of a TV satellite dish on the window guard or window frame outside his apartment. Tenant's lease barred such installations on the roof or outside walls of the building. The court ruled for landlord. Tenant appealed and lost. Federal law, the Telecommunications Act of 1996, permits tenants to install antennas or satellite dishes on property within their exclusive use or control, such as balconies, patios, and yards. But the law doesn't allow placement of antennas or dishes on common or restricted property, such as outside walls or rooftops. Tenant had no right to use or control the window guards or window frames. The court properly ruled for landlord.

2682 Kingsbridge Assocs. LLC v. Martinez: NYLJ, 6/15/04, p. 24, col. 2 (App. T. 1 Dept.; Davis, JP, Gangel-Jacob, Schoenfeld, JJ)