Is the Landlord Liable for a Tenant's Dog Bite in New York?

By the FigureMyTax Editorial Team · How we calculate

Landlord liability in New York turns on knowledge and control.

The two-part test

A landlord can be liable when (1) the landlord knew that a tenant kept a dog with vicious propensities on the premises, and (2) the landlord retained sufficient control over the premises to remove the dog or evict the tenant and did not.

A narrow route

Summaries describe landlord liability as common-law negligence, available only if the landlord actually knew the dog was vicious and had the right to remove it from the property.

The owner or custodian first

The strict medical-cost rule in Agriculture and Markets Law 123(10) reaches the owner or lawful custodian of a dangerous dog, not a landlord as such.

Insurance

A claim is often paid by the owner's homeowner's or renter's liability insurance, which matters for collecting an award.

Official sources

• N.Y. CPLR § 1411 — damages not barred by culpable conduct
• N.Y. CPLR § 1601 — limited liability of persons jointly liable
• N.Y. CPLR § 214 — three-year actions
• N.Y. Agriculture & Markets Law § 123 — dangerous dogs

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how New York's rules apply to your specific case with a licensed New York attorney.