Gay N.Y. Couple Ruled a ‘Family’ in Rental Lease

ALBANY, N.Y. —  New York’s highest court ruled today that a partner in a long-term homosexual relationship can take over the couple’s rent-controlled apartment when the lover who signed the lease dies.

In a 4-2 ruling, the Court of Appeals ordered a lower court to reconsider its decision to evict a New York City man from a rent-controlled apartment he shared for a decade with his now-dead lover.

In doing so, the court expanded the definition of a “family” as it applies to New York’s rent-control laws. The word is crucial because state law says only “family members” may take over rent-controlled apartments when the tenant of record dies. The court said that the definition should include adults who show long-term financial and emotional commitment to each other, even if they do not fit the traditional meaning of a “family.”

Today’s decision is the first time any top state court in the nation has recognized a gay couple to be the legal equivalent of a family, according to American Civil Liberties Union lawyer William Rubenstein, who argued the case.