Trial Required on Landlord's Liability for Tenant's Rape

Facts: Tenant was raped by a man who entered her apartment at the rear of the building through the third-floor fire escape window to her apartment, which was open. Tenant left the window open because of stifling heat that she couldn't regulate. Prior tenant had installed security gates on that window after a burglary. Landlord removed the gates when prior tenant moved out because they were bent as the result of a subsequent attempted burglary. Landlord didn't advise tenant of prior criminal activity. Landlord claimed that it satisfied its duty of providing minimal security to tenants by providing a buzzer system, a locked front door, and lights in the back of the building. Landlord also claimed that the assault on tenant was unforeseen and that landlord couldn't be deemed to have been on notice, because the past criminal ncidents in the building involved burglary, not physical violence. ourt: A trial was needed to determine if landlord was liable. Tenant wasn't given the choice of buying a lock or making the existing protective devices operational. In fact, landlord decreased the existing security by removing the window gates and misrepresented the facts to tenant. When tenant moved in, landlord offered to put up bars for $200. When tenant asked if there was a security problem making the installation necessary, the building superintendent said no. There had been two other burglaries in the building, in addition to the two prior incidents in tenant's apartment. The police had also reported that it was dark, not lighted, in the back of the building on the night tenant was raped.

Saler v. Friedman: NYLJ, p. 26, col. 3(5/24/95) (Sup. Ct. NY; Omansky, J)