NYC judge rules THROUPLES have the same legal protections as couples

2022-10-09

NYC eviction judge rules that THROUPLES have the same legal protections as couples, after man was barred from taking over lease of his late boyfriend’s rent-stabilized apartment – because late lover also had husband who lived elsewhere

The case involved three people: Scott Anderson, his husband Robert Romano and Markyus O’Neill
Anderson and O’Neill lived together and Romano lived in a different residence
When Anderson died in 2021, O’Neill was denied the right to renew their lease because it was in Anderson’s name
O’Neill is not mentioned in Anderson’s obituary but Romano is described as his partner and ‘the best thing that ever happened to him’
Judge Karen Bacdayan reportedly concluded that throuples are entitled to the same sort of legal protections as couples in eviction cases

New York City’s eviction court ruled that throuples – romantic entanglements between three people – have some of the same legal protections as traditional couples.

The case involved three people: Scott Anderson, his husband Robert Romano and Markyus O’Neill. Despite their marriage, Anderson and O’Neill lived together and Romano lived in a different residence.

Anderson died recently and O’Neill was denied the right to renew their lease because it was in Anderson’s name and O’Neill was a ‘non-traditional family member.’

Romano and Anderson were together for 25 years, despite living separately. O’Neill is not mentioned in Anderson’s obituary while Romano is described as Anderson’s partner and ‘the best thing that ever happened to Scott.’

A lawyer for West 49th St., LLC called O’Neill’s affidavit describing himself as a non-traditional family member was ‘a fairytale.’

New York City’s eviction court ruled that throuples – romantic entanglements between three people – have some of the same legal protections as traditional couples after the death of Scott Anderson (pictured) left his partner, with whom he lived separately from his husband, unable to renew the lease on their apartment

Anderson died recently and Markyus O’Neill (pictured) was denied the right to renew their lease because it was in Anderson’s name and O’Neill was a ‘non-traditional family member’

Robert Romano (pictured) and Anderson were together for 25 years despite living separately. O’Neill is not mentioned in his obituary while Romano is described as Anderson’s partner and ‘the best thing that ever happened to Scott’

Anderson (pictured left) was friends with actress and ‘That 70’s Show’ star Debra Jo Rupp. She is seen with both Anderson and Romano at opening night of a Broadway show

Judge Karen Bacdayan concluded that throuples are entitled to the same sort of legal protections as couples in eviction cases, claiming that the existence of the throuple shouldn’t immediately prevent O’Neill from renewing the lease.

Bacdayan cited a case from 1989 when the New York State Court of Appeals was the first in US history to recognize any sort of ‘non-traditional’ or same sex family-like relationship ‘is entitled to legal recognition.’

She adds that, while there is some precedent from that case and Obergefell vs. Hodges, which legalized gay marriage in America, that ‘the instant case presents the distinct and complex issue of significant multi-person relationships.’

Bacdayan then asked the question: ‘Why then, except for the very real possibility of implicit majoritarian animus, is the limitation of two persons inserted into the definition of a family-like relationship for the purposes of receiving the same protections from eviction accorded to legally formalized or blood relationships?’

Judge Karen Bacdayan concluded that throuples are entitled to the same sort of legal protections as couples in eviction cases, meaning O’Neill should be allowed to renew the lease

Anderson died on October 27, 2021. He was an interior designer and an award-winning actor; his obituary citing his friendship with ‘That 70’s Show’ star Debra Jo Rupp

She said that while Obergefell and similar cases don’t specify anything regarding throuples, they do ‘open the door for consideration of other relational constructs and perhaps, the time has arrived.’

Bacdayan also cited Supreme Court Chief Justice John Roberts when he wrote, ‘If not having the opportunity to marry serves to disrespect and subordinate gay and lesbian couples, why wouldn’t the same imposition of this disability . . . serve to disrespect and subordinate people who find fulfillment in polyamorous relationships?’

Anderson died on October 27, 2021. He was an interior designer and an award-winning actor; his obituary citing his friendship with ‘That 70’s Show’ star Debra Jo Rupp

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