Tenant Attached Satellite Dish to Window Guard

LVT Number: 16372

Landlord sued to evict tenant for attaching a television satellite dish to a window guard without landlord's permission, in violation of his lease. Tenant claimed that he was entitled under federal law to maintain the dish. Landlord claimed that the dish was installed on building property, not in tenant's apartment. The court ruled for landlord. A window guard attached to a window is in a common area, not within tenant's exclusive use or control. Federal law doesn't require landlord to permit tenant to install a satellite dish in a common area.

Landlord sued to evict tenant for attaching a television satellite dish to a window guard without landlord's permission, in violation of his lease. Tenant claimed that he was entitled under federal law to maintain the dish. Landlord claimed that the dish was installed on building property, not in tenant's apartment. The court ruled for landlord. A window guard attached to a window is in a common area, not within tenant's exclusive use or control. Federal law doesn't require landlord to permit tenant to install a satellite dish in a common area. And while there were few court decisions on the issue of satellite dishes, there were many cases concerning tenant installation of outdoor television antennas. The courts in those cases consistently ruled that tenants weren't permitted to install antennas without landlord's permission. Tenant must remove the satellite dish within 10 days or face eviction.

2682 Kingsbridge Assocs., LLC v. Martinez: NYLJ, 1/22/03, p. 20, col. 6 (Civ. Ct. Bronx; Malatzky, J)