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.
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