DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 290

Citation
§ 290
Parent Document
Francis v. Kings Park Manor, Inc., 992 F.3d 67 (2021)
Effective Date
2021-03-25
Original Source
https://www.courtlistener.com/opinion/4867798/francis-v-kings-park-manor-inc/ ↗

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44  Although “[l]andlords have a common-law duty to take minimal
precautions to protect tenants from foreseeable harm, including foreseeable
criminal conduct by a third person,” Mason v. U.E.S.S. Leasing Corp., 96 N.Y.2d 875,
878 (2001), courts have been careful to avoid imposing standards of conduct that
would effectively make the landlord an arm of law enforcement. See, e.g., Kline v.
1500 Mass. Ave. Apartment Corp., 439 F.2d 477, 485 (D.C. Cir. 1970) (“The landlord is
not expected to provide protection commonly owed by a municipal police
department.”); Gill v. N.Y.C. Hous. Auth., 130 A.D.2d 256, 267 (1st Dep’t 1987)
(holding that “arbitrarily . . . [assigning] a landlord . . . responsibility for the
unprecedented acts of a mentally ill tenant over which the landlord has no control”
would “create[] havoc with the landlord-tenant relationship, imposing upon the
landlord unprecedented responsibilities having nothing to do with the proprietary
function, and subjecting the tenant to a degree of scrutiny about his private affairs
and insecurity about his living accommodation that is intolerable”).