Asked by user in New York. Answered by Enjuris Editors.
In New York, landlords can be held liable for dangerous conditions. To establish liability in this specific case, you would need to prove that:
You contracted COVID-19 from the tenant while in a common area (not in your apartment or the tenant’s apartment), and
The landlord knew that the tenant had COVID-19.
The biggest challenge you’re likely to face is proving that you contracted COVID-19 from the tenant. This will be challenging because your landlord can argue that you contracted COVID-19 from a visitor, or a tenant who the landlord didn’t know had COVID-19, or from some other person while you were outside the apartment. Generally speaking, it’s very difficult to prove exactly how you contracted COVID-19.
In the meantime, the Office of Civil Justice offers free legal help for residents in New York who are having problems with their landlords. You can find more information here.