What's happening
This bill removes limited liability protections for property owners, managers, or controllers who fail to provide legally required security.
Why it matters
Increases accountability for property owners and managers. by making them fully liable in civil lawsuits if they fail to provide security measures required by law, meaning they can no longer limit their financial responsibility through joint liability rules.
Strengthens tenant and public safety incentives. since property controllers face higher legal and financial risks if they neglect mandated security requirements (like locks, lighting, or surveillance), potentially encouraging better property maintenance and crime prevention.
Applies immediately and retroactively. to any lawsuits started or ongoing after the law’s effective date, so property owners facing current litigation could suddenly lose liability protections if they failed to meet legal security standards.
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Who cares
Headline styles
End Liability Limits for Security Failures
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Hold Landlords Liable for Security
In Assembly Committee · Codes · Sponsor Amy Paulin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
480
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to limited liability of persons jointly liable
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1602 of the civil practice law and rules is amended by adding a new subdivision 14 to read as follows:
14. not apply to any person who owns, manages, and/or controls property who is found to have failed to provide security as required by law, rule or regulation.
§ 2. This act shall take effect immediately and shall apply to causes of action commenced or pending on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00049-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to limited liability of persons jointly liable
Purpose
To provide that limited liability for persons held jointly liable shall not apply to parties held liable for failing to provide security as required by law, rule, or regulation
Summary of provisions
Section one amends section 1602 of the civil practice law and rules by adding a new subdivision (14) to provide that limitations on liability will not apply to any person who owns, manages, and/or controls property or provides security for said property who fails to provide security as required by law, rule, or regulation.
Read the full memo (676 words)
Section two provides the effective date and that the law shall apply to causes of action commenced or pending on or after such date.
Justification
Where a tenant is raped by an intruder who gained access to the tenant's building through a defect in the building's security, New York is among a small number of states that asks a jury to apportion liability between the rapist and the negligent landlord who failed to keep the building secure. This leads to an unintended and bizarre result when the victim attempts to recover damages from the negligent landlord for the personal injury suffered at the hands of the rapist.
Under current law, if the negligent landlord is found to be 50% or less liable for the injury, the landlord's liability is limited to his "equitable share" based on the "relative culpability" of each person contributing to the total liability. The only time this limitation, on liability of the landlord is not imposed is when the other person contributing to the liability, i.e. the rapist, cannot be found.
Accordingly, in the case of the raped tenant, a jury will likely find the rapist to be more than 50%, if not 100%, liable for the victim's injury, freeing the landlord from liability, even though the landlord failed to maintain adequate security at the time of the assault.
There is another curious consequence that results from the application of this limitation on liability. Current law provides that the limitation on liability is not applied where the other person responsible for the victim's injury cannot be found. So in the case of the raped tenant, if the rapist cannot be found, the limitation on liability of the landlord will not be imposed and the victim may be able to recover fully for damages against the landlord for his failing to provide reasonable security. If, on the other hand, the rapist is found, the victim will likely recover little, if any, damages from the landlord since the limitation of liability will be applied based on the landlord's "relative culpability." The landlord's relative culpability will likely be deemed to be small as compared to the rapist's culpability, and almost all of the liability imposed, on the rapist. One may surmise that the odds of recovering damages from the rapist are slim.
Current law, then, forces the victim to choose between cooperating with law enforcement to find her attacker and bring him to justice and not seeking to identify her assailant so that she can recover damages 100% from the landlord in her personal injury action. Prior to 2002, New York courts generally held that the law requiring apportionment of liability did not apply to personal injury actions involving a negligent actor (i.e., a landlord) and an intentional wrongdoer (i.e., a criminal who commits assault). Yet the Court of Appeals in 2002 required allocation of liability, noting that the legislature would need to modify the law to clarify its intent regarding apportionment in these types of cases.
This bill will make clear that allocation of liability will not apply to person who owns, manages, and/or controls property or provides security for said property for failing to provide security as required by law, rule, or regulation.
Legislative history
2015-20I6-S.1264 2013-2014 - S.81 2011-12: S.127 2010: S.7673/A.8644-A
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.