Negligent Building Security: Legal Recourse for Urban Residents

Home should be the place where people feel safest, but that safety is often compromised by unlawful intrusions. According to the U.S. Bureau of Justice Statistics, approximately 3.7 million household burglaries occur each year, and in 28% of those, a household member is present during the incident.[1] Tragically, a resident is victimized by violence in 7% of those cases.[2]

Under New York law, landlords are required to take reasonable measures to protect tenants from both dangerous property conditions and foreseeable criminal acts. If they fail to do so, and someone is harmed as a result, they may be held financially liable.

This article explains the legal duties of landlords concerning building security and outlines a tenant’s rights if injured due to a landlord’s failure. If you’ve suffered harm because your landlord failed to protect you, contact the attorneys at Dansker & Aspromonte Associates for a free consultation. Call (212) 732-2929 or use our online form to get started.

Legal Framework for Building Security in NYC

Landlords in New York must exercise the level of care that a “reasonably prudent person” would under the same or similar circumstances.[3] A landlord who breaches this standard can be held liable for resulting injuries.[4] Liability may arise under four legal theories, starting with common law negligence.

Ordinary Negligence

A landlord may be liable under common law negligence if a tenant (the plaintiff) can prove the following four elements:

1. The landlord owed a duty of care to the tenant.
2. The landlord breached that duty;
3. The breach caused the tenant’s injuries; and
4. The tenant suffered legally cognizable harm.[5]

Importantly, the “causation” element has two parts.[6] The tenant must show that the breach actually caused the injury and that the breach was also a proximate cause, meaning the injury was a reasonably foreseeable consequence of the landlord’s conduct.[7]

Statutory Liability

Both New York State and New York City have enacted statutes and regulations that impose an affirmative duty on landlords to maintain safe premises. For statutory liability to apply, two conditions must be met:[8]

1. The statute must explicitly impose a duty on the landlord or property owner;[9]
2. The statute must also provide that violating this duty subjects the landlord to liability.[10]

A key source of statutory liability is New York’s Multiple Dwelling Law (MDL), which applies to any residential building occupied by three or more families.[11] Under the MDL, landlords must maintain the property in a “reasonably safe condition.”[12]

Maintaining a “reasonably safe condition” means the premises must be safe for their intended residential use.[13] To hold a landlord liable under the MDL, the tenant must prove the landlord had notice of the defect that caused the injury.[14] This notice can be actual or constructive, but some form of notice is required.[15]

Strict Liability

Certain New York laws impose strict liability on landlords, meaning the landlord can be held liable for violating a regulation regardless of fault or negligence.

One well-known example is New York City’s health and housing code provision requiring landlords to install window guards in apartments where children under age eleven reside—or where tenants request them.[16][17] Failing to install window guards can expose the landlord to liability even without proof of traditional negligence.

Contractual Liability

Landlords may also be held liable under duties arising from the terms of a lease agreement.[18] While landlords are generally not responsible for premises once control is transferred to the tenant, they can still be liable if all of the following are true:

1. The lease contract obligates the landlord to maintain or repair the premises;
2. A person (tenant or visitor) is injured on the premises; and
3. The injury was caused by the landlord’s failure to maintain or repair a known defect.[19]

Premises Security Cases: Common Negligent Security Scenarios

The Landlord’s Duty to Protect Tenants from Third Parties

Landlords are legally required to take reasonable steps to protect tenants from the criminal acts of third parties. When they fail to do so, they may be held liable for negligent security.[20] While landlords are not expected to prevent every unforeseeable harm, liability may arise in situations where:

1. The landlord knew the area where the injury occurred had a high crime rate; or
2. There was a history of similar crimes—such as burglaries, thefts, assaults, or armed robberies—on the premises or in the building.[21]

The Relationship Between Notice & Foreseeability

Under New York law, a landlord is not required to implement security measures unless the risk of harm is foreseeable.[22] Prior criminal activity in or near the premises may trigger this duty. Even if the crime did not happen inside the landlord’s building, knowledge of nearby incidents may create an obligation to enhance security.[23]

Foreseeability is often linked to notice. If the landlord had reason to know about recurring criminal activity and failed to act, they may be liable if harm results.[24]

Tenants Must Prove Negligent Maintenance of the Entrance

A landlord’s duty to protect tenants from third-party criminal conduct is considered “minimal” in New York.[25] Landlords are not insurers of tenant safety, but they are required to take basic preventative measures—such as ensuring that entrance doors have working locks. A tenant cannot recover unless they prove that the landlord’s negligence enabled the criminal to access the building.[26]

Factors in Finding Liability

Juries often find landlords liable for negligent security when any of the following conditions apply:

1. Inadequate Building Security: The landlord failed to repair broken entryways, allowing unauthorized individuals to enter.
2. Poor Lighting in Common Areas: Failing to adequately light hallways, stairwells, or exterior walkways—especially in high-crime areas—can create liability. Research shows that improved lighting can reduce crime.[27]
3. Non-Functional Security Cameras: If cameras are installed, the landlord has a duty to ensure they are operational.
4. Untrained or Inadequately Staffed Security: If a landlord chooses to provide on-site security personnel, they must ensure that these guards are properly trained and equipped.

Step-by-Step Guide to Pursuing Legal Action

There is no universal template for filing a lawsuit against a landlord for negligent building security, but the following steps outline the typical process:

1. File a Police Report

If you have been the victim of a crime in your building, report it to the police immediately. Request a written copy of the report and store it in a safe place. This document is critical evidence for any potential legal claim.

2. Notify Your Landlord

As previously discussed, providing notice to your landlord is an essential legal requirement. Give your attorney a copy of the police report so they can help establish that the landlord had actual or constructive notice of the crime.

Even if the criminal incident occurred outside your building, informing your landlord of criminal activity in the neighborhood may help demonstrate foreseeability—strengthening your case.

3. Contact a Qualified Attorney

Consulting an experienced personal injury attorney is crucial. Insurance companies may attempt to resolve your case quickly and for less than it is worth. Studies show that plaintiffs who retain counsel generally recover more compensation—even if they later settle.

In addition, your attorney will help you meet critical deadlines and navigate the legal process. In New York, you must file your personal injury lawsuit within three years of the incident.[28]

4. Litigation vs. Settlement: What’s Best for You?

Whether you choose to litigate or settle your case depends on your goals, tolerance for stress, and willingness to wait for results. Here’s a breakdown of each option:

Litigation: Pros & Challenges

Litigation begins when your attorney files a formal complaint. The case then proceeds through the discovery phase, where both sides exchange evidence and take depositions—including your own testimony. Litigation may take years and require substantial effort and expense.

However, trials are sometimes necessary—especially when the landlord disputes liability or refuses to offer fair compensation. While litigation can be stressful, it may be the only path to securing full financial recovery for your injuries. Be aware that litigation expenses (e.g., expert witnesses, filing fees) may be deducted from your final settlement or jury award.

When Does Settlement Make Sense?

Settlement allows you to resolve the case for a mutually agreed sum without going to trial. Common advantages include:

1. You’re guaranteed to receive compensation, avoiding the uncertainty of a jury verdict;
2. Settlements typically resolve faster than trials;
3. You may incur fewer legal costs, which means you keep more of the money awarded.

Timing is a critical factor when deciding whether to settle a case. Settling too early—before your medical treatment is complete or full damages are assessed—can leave compensation on the table. Settling too late may result in rising litigation costs or hardened opposition. It takes the experienced judgment of a skilled attorney to determine the optimal moment to resolve your case.

That said, settlement has limitations. Because it is a compromise, it rarely gives either party everything they want. This means your compensation may be lower than what a jury might award after a successful trial.

Conclusion

As outlined above, landlords in New York have a legal obligation to take reasonable measures to protect their tenants. When they fail in that duty and a tenant is harmed as a result, they can and should be held financially accountable.

If you’ve been the victim of a crime or suffered injury due to negligent building security, it is essential that you file a police report and consult an experienced attorney as soon as possible.

At Dansker & Aspromonte Associates, our attorneys have decades of experience representing clients in complex premises liability and negligent security cases. We are ready to advocate aggressively for your rights.

Call us today at (212) 732-2929 or contact us through our online form to schedule your free consultation.

[1]  Shannan Catalano, “Special Report: Victimization During Household Burglary,” Bureau of Justice Statistics (September 2010), https://www.supremecourt.gov/opinions/URLs_Cited/OT2017/15-1498/15-1498-1.pdf.

[2]  Shannan Catalano, “Special Report: Victimization During Household Burglary,” Bureau of Justice Statistics (September 2010), https://www.supremecourt.gov/opinions/URLs_Cited/OT2017/15-1498/15-1498-1.pdf.

[3]  Di Ponzio v. Riordan, 89 N.Y.2d 578 (1997).

[4]  Di Ponzio v. Riordan, 89 N.Y.2d 578 (1997).

[5]  Solomon by Solomon v. City of New York, 66 N.Y.2d 1026 (1985).

[6]  Wolfe v. Samaritan Hosp., 484 N.Y.S.2d 168 (3d Dep’t 1984).

[7]  Wolfe v. Samaritan Hosp., 484 N.Y.S.2d 168 (3d Dep’t 1984).

[8]  Coon v. Ray, 266 A.D.2d 780 (3d Dep’t 1999).

[9]  Coon v. Ray, 266 A.D.2d 780 (3d Dep’t 1999).

[10]  Coon v. Ray, 266 A.D.2d 780 (3d Dep’t 1999).

[11]  MDL § 3(1).

[12]  Mas v. Two Bridges Associates byt Nat. Kinney Corp., 75 N.Y.2d 680 (1990).

[13]  Collins v. Noss, 258 A.D. 101 (1^st Dep’t 1939).

[14]  Becker v. Manufacturers Trust Co., 30 N.Y.S.2d 542 (1^st Dep’t 1941).

[15]  Becker v. Manufacturers Trust Co., 30 N.Y.S.2d 542 (1^st Dep’t 1941).

[16]  New York City Administrative Code § 17-123.

[17]  People v. Nemadi, 140 531 N.Y.S.2d 693 (City Crim. Ct. 1988).

[18]  Putnam v. Stout, 38 N.Y.2d 607 (1976).

[19]  Canela v. Foodway Supermarket, 591 N.Y.S.2d 834 (1^st Dep’t 1992).

[20]  Mason v. U.E.S.S. Leasing Corp., 96 N.Y.2d 875 (2001).

[21]  De Luna-Cole v. Fink, 846 N.Y.S.2d 129 (1st Dep’t 2007).

[22]  De Luna-Cole v. Fink, 846 N.Y.S.2d 129 (1st Dep’t 2007).

[23]  Jacqueline S. by Ludovina S. v. City of New York, 81 N.Y.2d 288 (1993).

[24]  Chapman v. Silber, 97 N.Y.2d 9 (2001).

[25]  Mason v. U.E.S.S. Leasing Corp., 96 N.Y.2d 875 (2001).

[26]  Prince ex rel. Price v. New York City Housing Authority, 92 N.Y.2d 553 (1998).

[27]  Perkins, et al., “What is the effect of reduced street lighting on crime and road traffic injuries at night?  A mixed-methods study.”, Public Health Research (pub. September 2015), https://www.ncbi.nlm.nih.gov/books/NBK316511/.

[28]  CPLR § 214(5).