For almost two decades, New York law has allowed all franchised cable television providers to compete for the business of apartment owners.1 Specifically, Section 228 of the 1995 New York Public Service Law prohibits “landlords” from “interfering with the installation of cable television facilities upon [their] property or premises” and was enacted “to secure the right of the tenant to have access to cable television services[.]“2 Co-op housing corporations and condominium associations are considered landlords for purposes of the law. Therefore, many co-op and condominium buildings in New York have seen the installation of cable television equipment by at least one provider and, in some instances, more than one. Because installed cable is now commonly used for computer and Internet access, as well as for television, the business of providing cable access has grown dramatically.
This column updates and supplements earlier ones dealing with control of access to telecommunications,3 addresses increasingly assertive techniques used by cable providers in seeking installation access to co-op and condominium buildings, and provides recommendations to boards and managers for protecting the building and its apartment owners from damage to persons or property that may be caused by a cable installation.
