Landlord Can Be Criminally Liable for Violation of Window Guard Law
LVT Number: 11787
Facts: Criminal charges were brought against landlord co-op corporation and individual members of the co-op board of directors for violation of the city's window guard law and Health Code regulations. The charges were brought after a child fell from an apartment and died, and after a subsequent inspection showed window guards were missing from nine apartments with children. The co-op board members claimed that they couldn't be held personally responsible for criminal violations by the co-op, its agents, or employees, and asked the court to dismiss the charges against them.
Court: The co-op board members may be responsible for the criminal violations. The window guard law requires an ``owner, lessee, agent or other person who manages or controls a multiple dwelling'' to install and maintain window guards in apartments where children age 10 or younger live. Whether individual co-op board members were ``in control'' of the building in their capacities as board members was a factual issue that must be decided at a trial.
People v. Premier House: NYLJ, p. 32, col. 3 (9/19/97) (Crim. Ct. Kings; Smith, J)