Legal Options for Victims of Assault in Apartment Complexes

Legal Options for Victims of Assault in Apartment Complexes

Your home should be a place where you feel safe and protected. Sadly, this is not always the case. All too frequently, assaults are reported in New York apartment complexes.

A sexual assault, domestic violence incident, or some other kind of physical abuse can result in terrible injuries and intense emotional distress. Assaults that take place in or near an individual’s own home can be that much scarier. If you have been the victim of such an attack, there are a number of legal options and resources to help recover your losses and protect your family.

In this article, we will first discuss who may be held accountable for an apartment complex assault, as well as various legal services and laws in place to facilitate secure housing and your physical safety going forward. Additionally, we will consider important steps to take after an assault to safeguard your legal rights and future well-being.

Types of New York Apartment Complex Assault Claims

Charges for assault can range from misdemeanors to felonies. The severity of the charge depends on the intent of the defendant, the gravity of the injury, and the presence of aggravating factors, such as weapons.

The kinds of assault that may unfold in a New York residential complex include:

• Simple assault: This involves threats or attempted harm without a weapon. Such misdemeanor assault may include physical contact that does not cause serious injury. Still, the assault victim has tangible reason to be fearful, and there can be significant legal consequences for those directly responsible.
• Sexual assault: This includes any non-consensual sexual contact or coercion, ranging from unwanted touching to rape. Sexual assault victims can pursue lawsuits in civil court against the perpetrator and, in some instances, a third party who failed to prevent the crime.
• Domestic violence: This refers to assault within the domestic setting, including between spouses, partners, or family members. Local laws provide a number of protections for domestic violence victims to prevent further abuse.
• Aggravated assault: This occurs when an individual threatens or attacks another person using a deadly weapon or with the intent to cause serious physical injury. Intentionally inflicting severe bodily harm with extreme disregard for human life can lead to criminal charges and potentially lengthy prison sentences for the attacker.

Assault, in any form, should never be taken lightly or brushed aside. If you have been assaulted or otherwise harmed in your apartment complex, an experienced personal injury attorney is the advocate you need. He or she can provide valuable legal help and ensure you are able to benefit from any applicable victim services.

When a New York Property Owner May Be Liable for an Assault

After an assault, the attacker is most often found directly responsible for what occurred. That said, under certain circumstances, a landlord may be found to share liability after an assault on his or her premises.

Apartment complex owners have a duty to maintain a safe environment for visitors and residents. Thus, a landlord may be found accountable for an assault if he or she fails to take reasonable steps to prevent foreseeable criminal activity and provide adequate security.

Indications that a landlord failed to exercise appropriate care in protecting residents from foreseeable risks include such things as:

• Inadequate lighting: Poorly lit common areas, stairwells, hallways, and parking lots can create conditions where assailants can hide or aggress undetected
• Security breaches: Broken or missing locks, gates, or access control systems can compromise apartment security
• Lack of surveillance equipment: The absence of security cameras or malfunctioning surveillance systems can hinder the ability to identify or apprehend assailants
• Inadequate security personnel: Understaffed or untrained security personnel can impact the ability to deter crime effectively or respond to incidents on the premises
• Knowledge of prior incidents: If the landlord was aware of previous criminal activity or threats on or near the property and failed to take appropriate measures to address the situation, he or she may be liable for the subsequent assault

Under New York State law, to successfully establish a premises liability claim after an assault, you must demonstrate that the property owner knew or should have known about the potential for harm yet failed to take reasonable action to prevent it and that this failure directly caused you harm. Such claims can be complicated to prove and are best navigated with the help of a well-practiced premises liability lawyer.

Housing Protection for Victims of Assault

The US Department of Housing and Urban Development (HUD), together with other government departments, affirms the housing rights of survivors of domestic violence, dating violence, sexual assault, and stalking under the Violence Against Women Act (VAWA).

These housing protections apply to many apartment complex assault victims. Furthermore, under New York law, victims of family or domestic violence have certain tenants’ rights.

Domestic violence victims’ rights include:

• Right against discrimination: A landlord cannot refuse to rent to you or give you different rules than other tenants because you are a victim of domestic violence.

• Right to end your lease early: A domestic violence victim or the non-abusive parent of a child who is abused can break his or her rental contract early without paying for the entire length of the lease.

• Right not to be evicted: Housing providers cannot evict you because your partner abused you in your home. The landlord may remove the abuser from the property without evicting you.

• Right to cancel service contracts early: Victims of domestic violence have the right to cancel utilities, cable or satellite, internet, cell, and landline services without having to pay a cancellation fee or penalty.

• Rights involving subsidized housing: Domestic violence victims have the right to apply for federally subsidized housing. Additionally, you have the right to stay in your subsidized home, remove your abuser from the lease while retaining the subsidy, and request an emergency housing transfer due to immediate danger, if necessary.

In New York, there are a number of legal options and social services available to assault victims. By thoroughly researching and understanding domestic violence laws, housing discrimination rules, and emergency assistance programs, you will be able to make informed decisions and protect your family’s housing rights.

Obtain an Order of Protection Against the Assailant

After an assault, it is advisable to take immediate legal action to protect yourself and other members of your family from future attacks. Many crime victims choose to obtain an order of protection through the courts.

A protection order is a document issued by a judge that orders someone to abide by or refrain from certain conduct. These orders frequently prohibit an individual from coming within a certain distance or contacting the person who obtained the order of protection. If your abuser violates the order, call the police for assistance – this is a crime, punishable by law.

In cases of violence within a family or intimate relationship, you can request a family court order of protection. In instances of assault where a person has been charged with a crime, a prosecutor can request a criminal court order of protection.

An experienced domestic violence lawyer can help you obtain an order of protection and advise you on the best course of legal action. Remember, New York City police officers are prohibited from asking about your immigration status. Hence, as an assault victim, you can report the crime without fear of being investigated simply for your immigration status.

Take Action After an Apartment Complex Assault in New York

If you’ve been assaulted in your New York apartment complex, it is essential to prioritize your safety and well-being. Additionally, taking these important steps will help protect your legal rights:

• Seek immediate medical attention: Addressing your physical health is critical. Even if your injuries seem minor, get a medical evaluation. Doing so will put you on the best road to recovery and serve as evidence to support potential legal action.

• Report the assault: Contact law enforcement authorities and file a police report. Provide as much detail as possible, including the date, time, and location of the assault. Reporting the assault ensures that the crime is officially documented.

• Document the scene: Take photos or videos of the location where the assault occurred. Also, take photos of your injuries, property damage, unsafe conditions, or suspicious areas within the apartment complex.

• Collect eye-witness information: Get contact details from anyone who saw the assault happen or who can verify unsafe conditions on the premises. Witness statements can serve as valuable evidence in an assault claim.

• Notify your housing providers: Inform your landlord or property management company of the assault in writing. Include details of the assault, any previous safety concerns or warnings given, and your expectation for increased security measures. Send this as a registered letter to create a documented record of the incident and your requests.

• Keep detailed records of your injuries and expenses: Retain medical bills, medical care and treatment records, employment records of lost wages, and any other receipts for out-of-pocket costs related to the assault. Detailed records of your losses will support your claim as you pursue maximum compensation for what you have gone through.

• Contact a personal injury attorney: An attorney with experience in handling New York assault and premises liability cases can assess the strength of your case and guide you through the legal process. He or she can help you gather evidence, investigate the incident, and determine who may be held liable for the assault in your apartment complex.

Taking these actions will go a long way in building a robust personal injury case. Holding your assailant and others accountable for all you have endured is a key factor in rebuilding your life after a devastating assault.

Contact Dedicated New York Personal Injury Lawyers for Support After an Apartment Complex Assault

An apartment complex assault can have a profound impact on your life, even long after your physical pain has healed. In the aftermath of such a terrible incident, you deserve help to ensure your safety, move forward from the psychological trauma, and hold all responsible parties accountable for what has occurred.

Understandably, you may feel overwhelmed by everything involved in the legal process, such as pressing charges against your assailant or filing a lawsuit against the apartment property owners. The personal injury attorneys at the New York law firm of Hill & Moin have dedicated their careers to helping people like you.

When we take your case, we will be by your side throughout every phase of the court process. Our respectful and compassionate attorneys understand the applicable federal and New York state laws pertaining to assault and can confidently put them to work on your behalf, as well as help you with various victims’ services.

Learn about your Personal Injury Recovery SolutionsⓇ and how you can secure your future. Call Hill & Moin today at (212) 668-6000 or complete our online form for a free case evaluation. Every apartment complex assault victim deserves to know his or her legal options for restitution.

Don’t wonder about your rights!