Veterans' Organization Not Responsible for Attack on Client-Tenant by Co-Tenant

Family members of a deceased tenant sued a community-based veterans' organization for negligence after the apartment co-tenant attacked tenant in the apartment. The tenant later died. Both tenants were clients of the organization's Supportive Services for Veteran Families Program. These support services included housing assistance.

The court granted the organization's request to dismiss the case, finding it wasn't responsible for what happened. The organization didn't operate or have control over the building where tenants lived. And the organization had no control over the co-tenant. Although the organization may have paired the two men together for receipt of housing services, they each signed separate lease agreements with the building's landlord. The organization was informed that there had been some disputes between tenant and co-tenant, but these were verbal disputes, and the attack wasn't foreseeable. And, even if foreseeable, the organization wasn't in a position to protect tenant. Plaintiffs showed no duty of care was owed to tenant by the organization.

Duncan v. Black Veterans for Social Justice, Inc.: 2020 NY Slip Op 20274, NYLJ No. 1604269885 (Sup. Ct. Kings; 10/23/20; Wan, J)