A resident of a rooming house was stabbed to death by another resident. The assailant had recently been released from prison for a violent crime, although the rooming house owner and operator were not aware of that criminal history.
The decedent's estate brought a wrongful death and survival action against the rooming house owner and operator, arguing they had a duty to conduct a criminal background check before allowing the assailant to reside on the premises. The Law Division judge rejected that argument, and granted summary judgment to the defendants.
The court affirms, agreeing with the motion judge that the owner and operator of a New Jersey rooming house have no statutory or common-law duty to conduct criminal background checks of prospective new residents.
No statute or regulation in the State or opinion from another state has recognized such a duty. The imposition of such a duty also could have significant pubic ramifications.
