Tenant Raped by Boyfriend in Stairwell

March 1, 1996

LVT Number: 10401

Tenant sued landlord NYCHA for negligence after she was raped in building stairwell by a former boyfriend. Tenant claimed that landlord knew of prior criminal activity in and around the building and didn't properly maintain the lock on the building's front door. Landlord asked the court to dismiss the case without trial. The court ruled against landlord on this issue, and landlord appealed. The appeals court ruled for landlord and dismissed the case.

Tenant sued landlord NYCHA for negligence after she was raped in building stairwell by a former boyfriend. Tenant claimed that landlord knew of prior criminal activity in and around the building and didn't properly maintain the lock on the building's front door. Landlord asked the court to dismiss the case without trial. The court ruled against landlord on this issue, and landlord appealed. The appeals court ruled for landlord and dismissed the case. Tenant showed no proof that the building door lock was broken at the time of the attack or that landlord knew or should have known it was broken for a period of time sufficient to have made repairs.

Eleby v. NYC Housing Authority: NYLJ, p. 27, col. 3 (2/2/96) (App. Div. 2 Dept.; Miller, JP, O'Brien, Ritter, Goldstein, JJ)

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