Tenant Raped in Housing Project

April 1, 1993

LVT Number: 6843

Tenant sued landlord for negligence after being raped in a housing project. Landlord asked the court to dismiss the case without trial. The court refused, and landlord appealed. The appeals court also refused to dismiss the case and ruled a trial was necessary. At least five tenants at the same housing project were raped by the same man, who wasn't a tenant, around the same time that tenant was raped. A trial was needed to determine what precautions were taken by landlord to protect tenants from reasonably foreseeable criminal acts of outsiders.

Tenant sued landlord for negligence after being raped in a housing project. Landlord asked the court to dismiss the case without trial. The court refused, and landlord appealed. The appeals court also refused to dismiss the case and ruled a trial was necessary. At least five tenants at the same housing project were raped by the same man, who wasn't a tenant, around the same time that tenant was raped. A trial was needed to determine what precautions were taken by landlord to protect tenants from reasonably foreseeable criminal acts of outsiders. One issue was whether self-closing and self-locking doors were installed on the apartment entrance doors prior to the 1986 rapes and, if so, whether landlord unreasonably didn't keep the doors in proper repair.

Dean v. New York City Housing Authority/Torres v. New York City Housing Authority: NYLJ, p. 25, col. 2 (3/25/93) (App. Div. 1 Dept.; Murphy, PJ, Carro, Rosenberger, Ross, Kassal, JJ)

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