Tenant Raped on Building's Roof

November 1, 2005

LVT Number: 18424

Tenant sued landlord for negligence, claiming inadequate building security. Tenant's 15-year-old daughter had been raped at gunpoint on the building's roof. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and won. NYCHA Police statistics produced during pretrial questioning showed that there had been more than 70 serious crimes at this housing complex during the two years before the rape. These crimes included murder, rape, arson, assault, and burglaries.

Tenant sued landlord for negligence, claiming inadequate building security. Tenant's 15-year-old daughter had been raped at gunpoint on the building's roof. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and won. NYCHA Police statistics produced during pretrial questioning showed that there had been more than 70 serious crimes at this housing complex during the two years before the rape. These crimes included murder, rape, arson, assault, and burglaries. Given the history of violent crime at the building complex, there were questions of fact regarding whether landlord provided adequate building security. A trial was required.

Venetal v. NYCHA: NYLJ, 10/3/05, p. 35, col. 6 (App. Div. 2 Dept.; Florio, JP, Adams, Luciano, Skelos, JJ)

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