Tenant Raped in Building with History of Criminal Activity

LVT Number: 7004

Facts: Teenage tenant was abducted in the lobby of her public housing apartment building, taken to a utility room on the roof, and raped. Housing police testified that there'd been several previous reports of forcible rape in the housing complex, usually occurring on the roof or roof landing. There'd also been over 20 forcible robberies. The building superintendent also testified that drug paraphernalia was often found throughout the development and that drug addicts were often found on the roof and elsewhere.

Facts: Teenage tenant was abducted in the lobby of her public housing apartment building, taken to a utility room on the roof, and raped. Housing police testified that there'd been several previous reports of forcible rape in the housing complex, usually occurring on the roof or roof landing. There'd also been over 20 forcible robberies. The building superintendent also testified that drug paraphernalia was often found throughout the development and that drug addicts were often found on the roof and elsewhere. Despite these conditions and tenant complaints, neither the door to the lobby nor the door to the utility room on the roof were locked, and no security guards were stationed in the building. A majority of tenants in the apartment complex had rejected a plan for self-closing, self-locking doors and an intercom system, but there was no proof that a majority of tenants in tenant's building had rejected proposed security measures. Tenant sued landlord, claiming that landlord didn't provide adequate security. The trial court refused to dismiss the case, but the appeals court found that landlord had complied with its obligations under the multiple dwelling law. There were 22 buildings in the complex. Tenant didn't show a specific instance of a previous crime in her building. Tenant appealed. Court: The state's highest court ruled that there was sufficient proof of violent criminal activity in the housing complex and in tenant's building to allow tenant to proceed with her case. Other crimes didn't have to occur in tenant's building alone to prove foreseeability of crime.

Jacqueline S. v. City of New York: NYLJ, p. 27, col. 1 (5/14/93) (Ct. App.; Hancock, J)