New York law gives crime victims a claim against more than the person who hurt them. When a broken lock or a dead intercom let an attacker into a building, the owner can be held responsible for the victim’s injuries [1]. Lawyers call these negligent security claims.
This guide covers what New York requires of building owners and what a victim has to prove. It also lays out the filing deadlines, some of which run just 90 days. Manhattan personal injury attorney Eric Richman has built a significant part of his practice around these cases.
Violent Crime in New York City
Felony assaults reached 29,838 in New York City in 2025 [2]. That was the highest count of any violent crime category the NYPD tracks. Through September 20, 2026, felony assaults were up 0.9% from the same stretch of 2025 [2].
| Crime Category | 2025 Full Year | 2026 Through Sept. 20 | Change vs. Same Period in 2025 |
| Felony assault | 29,838 | 22,023 | Up 0.9% |
| Robbery | 15,075 | 9,679 | Down 12.0% |
| Burglary | 12,798 | 7,943 | Down 14.2% |
| Rape | 2,048 | 1,537 | Up 2.7% |
| Murder | 309 | 189 | Down 24.4% |
Source: NYPD CompStat, citywide report for the week ending September 20, 2026 [2]. Figures are preliminary and subject to revision.
Reported rapes rose 2.7% over the same period [2]. The NYPD has tied part of the recent increase to a 2024 state law that broadened the legal definition of rape [3].
What New York Requires of a Building
New York courts require building owners to take minimal precautions against foreseeable crime [4]. State law spells out several of those precautions for apartment buildings [5].
| Requirement | What the Law Says | Who It Covers |
| Entrance doors | Automatic self-closing and self-locking doors, kept locked unless an attendant is on duty | Class A multiple dwellings (apartment buildings) |
| Roof doors | Self-closing but not self-locking, and openable from inside without a key | Class A multiple dwellings |
| Intercom | A voice system at the lobby door that lets each apartment talk to a visitor and release the lock | Class A multiple dwellings with eight or more apartments |
Source: New York Multiple Dwelling Law §50-a [5].
The Court of Appeals has called entrance locks the most rudimentary security a landlord can provide [6]. In one case, Eric Richman recovered $2 million for a woman raped in her apartment building. The suit showed the building’s front door had been broken for at least two years.
What a Victim Has to Prove
| Element | What It Means | Evidence That Helps |
| Duty | The owner controlled the property and had to take minimal security precautions against foreseeable crime | Deed, lease, or management contract |
| Foreseeability | Earlier crime put the owner on notice. It doesn’t have to be the same type of crime or at the exact spot. | Police reports, past incidents at the building, tenant complaints |
| Breach | The owner failed to provide or repair a basic measure, such as a working entrance lock | Repair requests, photos, building violation records |
| Causation | The attacker more likely than not got in because of that failure, even if the attacker was never identified | Video footage, witness accounts, entry records |
Sources: Burgos v. Aqueduct Realty Corp. [1]; Venetal v. City of New York [4].
Causation is usually the hardest element. In Burgos v. Aqueduct Realty, the Court of Appeals held that a tenant doesn’t have to identify the attacker [1]. The evidence only has to make it more likely than not that the attacker was an intruder who came through a negligently maintained entrance [1].
The same duty applies to government bodies acting as landlords [4]. Prior crime also doesn’t have to match the attack exactly. It can be a different type of crime at a nearby location within the same property [4].
Filing Deadlines
| Claim | Deadline | Source |
| Negligence claim against a private owner or landlord | 3 years from the injury | CPLR 214 |
| Notice of claim against the City of New York or another public entity | 90 days from the injury | General Municipal Law §50-e |
| Assault claim against the attacker | 1 year, with longer periods possible after a criminal conviction | CPLR 215 and 213-b |
Sources: CPLR 214 [7]; General Municipal Law §50-e [8]; CPLR Article 2 [9].
The 90-day notice rule catches many victims off guard. It applies when a city agency or other public entity owns or runs the property [8]. Missing it can end a claim before it starts.
Building the Case
Eric Richman has built a significant part of his practice around crime victims in civil lawsuits. He recovered $1.5 million for the family of a tenant murdered in her New York City apartment. Safety experts helped show the building was unsafe and had drawn crime for years. In another case, he recovered $350,000 for a client attacked by another patient at a rehab facility that knew about that patient’s violent history.
Surveillance video can be recorded over, and repair records can go missing. Victims weighing who should handle a crime victim case in Manhattan should ask how quickly the firm can secure them. Clients reach Eric Richman on his cell phone directly, and Spanish-speaking clients have in-house interpreter support.
If you were hurt in a crime on someone else’s property and need legal guidance or would like to discuss your case, contact Eric Richman at (212) 688-3965 for a free consultation.
Frequently Asked Questions
Can I sue my landlord if I was attacked in my building?
Yes, if the landlord failed to take minimal security precautions and that failure let the attacker in. New York courts require proof that the attacker more likely than not got in through a negligently maintained entrance.
Do I need to know who attacked me to file a claim?
No. In Burgos v. Aqueduct Realty, the Court of Appeals held that the attacker doesn’t have to be identified. The evidence has to show the attacker was more likely than not an intruder.
How long do I have to file a negligent security claim in New York?
Against a private owner, the deadline is generally three years from the injury under CPLR 214. If a city agency or other public entity owns the property, a notice of claim is due within 90 days.
Sources
1. Burgos v. Aqueduct Realty Corp., 92 N.Y.2d 544 (1998). https://law.justia.com/cases/new-york/court-of-appeals/1998/92-n-y-2d-544-0.html
2. NYPD CompStat Unit. (2026). CompStat citywide report, week of September 14 to 20, 2026. https://www.nyc.gov/assets/nypd/downloads/pdf/crime_statistics/cs-en-us-city.pdf
3. NYC Office of the Mayor. (2026, January). Transcript: Mayor Mamdani and Commissioner Tisch announce safest year ever for gun violence. https://www.nyc.gov/mayors-office/news/2026/01/transcript–mayor-mamdani-and-commissioner-tisch-announces-safes
4. Venetal v. City of New York, 21 A.D.3d 1087 (2005). https://www.nycourts.gov/reporter/3dseries/2005/2005_06920.htm
5. New York State Senate. Multiple Dwelling Law §50-a: Entrances, doors, locks and intercommunication systems. https://www.nysenate.gov/legislation/laws/MDW/50-A
6. Jacqueline S. v. City of New York, 81 N.Y.2d 288 (1993). https://www.law.cornell.edu/nyctap/081_0288.htm
7. New York State Senate. Civil Practice Law and Rules §214. https://nysenate.gov/legislation/laws/CVP/214
8. New York State Senate. General Municipal Law §50-e: Notice of claim. https://www.nysenate.gov/legislation/laws/GMU/50-E
9. New York State Senate. Civil Practice Law and Rules, Article 2: Limitations of time. https://www.nysenate.gov/legislation/laws/CVP/A2
