Tenant Shot Through Peephole

LVT Number: 8885

Tenant in a city housing project sued landlord for negligence when an intruder shot him in the eye through the peephole in his door. Tenant claimed that landlord hadn't supplied adequate outer door locks or police protection in the building. Landlord asked the court to dismiss the case, arguing that it wasn't required to provide tenants with police protection. The lower court refused to dismiss the case, and landlord appealed. Landlord wins. Landlords aren't required to guarantee tenants' safety.

Tenant in a city housing project sued landlord for negligence when an intruder shot him in the eye through the peephole in his door. Tenant claimed that landlord hadn't supplied adequate outer door locks or police protection in the building. Landlord asked the court to dismiss the case, arguing that it wasn't required to provide tenants with police protection. The lower court refused to dismiss the case, and landlord appealed. Landlord wins. Landlords aren't required to guarantee tenants' safety.

Dawson v. New York City Housing Authority: 610 NYS2d 28 (4/7/94) (App. Div. 1 Dept.; Sullivan, JP, Carro, Ellerin, Wallach, Nardelli, JJ)