Landlord Needn't Install Sprinkler System

Tenants of a 51-story mixed commercial and residential building sued landlord to force installation of a building-wide sprinkler system and other fire safety repairs. Four tenants had died in the building's stairwell while trying to escape smoke from a fire in the building in December 1998. Tenants claimed that without the sprinkler system, the building breached an implied warranty of habitability with regard to fire protection. The court ruled against tenants. Contrary to tenants' claim, the State Fire Code didn't require landlords to install sprinkler systems in New York City buildings over four stories. The State Fire Code stated only that state law would apply to New York City if the City Council decided that city regulations weren't sufficient. The City Council had made no such determination. The City of New York did amend the local fire code in 1999 and didn't direct installation of sprinkler systems in existing buildings. The lack of a sprinkler system didn't breach tenants' warranty of habitability. Landlord agreed to make other repairs to self-closing doors, the intercom system, smoke detectors, and ventilation ducts.

South Park Tenants' Assn. v. Brodsky: Index No. 104274/99 (9/16/99) (Sup. Ct. NY; Omansky, J) [6-pg. doc.]