Sunday, September 16, 2012

Braschi v. Stahl Associates Co. case brief

 Case: Braschi v. Stahl Associates Co. (NY 1989)

2. Facts: A gay couple have lived together for 10 years. One is the formal tenant on the rent-controlled housing lease. The couple are considered spouses; they cook together, etc. The spouse on the lease died & the LL tried to have the surviving "spouse" evicted.

3. Held: A lifetime partner is a family member in the context of a long-term relationship characterized by emotional & financial interdependence.

a Factors in assessing the relationship:

•The exclusivity & longevity of the relationship
•The level of emotional & financial commitment
•How the parties hold themselves out to society.

4. Problems with Braschi:

a. Serious proof problems for determining if a family exists.
5. In the wake of Braschi, should there be formulas for establishing relationships as families when the relationship isn't by marriage, blood or adoption?

6. How about domestic partnership legislation? CONS:

a. Some people don't want to enter into a formalized relationship.
b. Lower-income people & the poor may not know about the registration requirement.

c. Potential for abuse by tenants against the LL's.

No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads

https://www.pexels.com/photo/coworkers-talking-outside-4427818/ Over the last couple of decades, the face of legal marketing has changed a l...