Legal Question in Landlord & Tenant Law in New York

Topless sunbathing tenant.

I own a four family rental property where one tenant has elicited complaints from others for sunbathing topless. There have also been unconfirmed reports of her photographing herself when doing so. Nothing in the lease permits or prohibits such action. Where does the law stand? Can I make her stop?


Asked on 5/18/08, 1:55 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Topless sunbathing tenant.

Technically it is illegal. Under NY Penal law section 245.01 Exposure of a person,

"A person is guilty of exposure if he appears in a public place in such a manner that the private or intimate parts of his body are unclothed or exposed. For purposes of this section, the private or intimate parts of a female person shall include that portion of the breast which is below the top of the areola. This section shall not apply to the breastfeeding of infants or to any person entertaining or performing in a play, exhibition, show or entertainment."

I assume there is a clause in the lease agreement setting forth that the tenant shall refrain from illegal activity. Under that clause in the contract you request her to stop the topless sunbathing.

Mike.

Read more
Answered on 5/18/08, 3:42 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in New York