NYC judge rules that THROUPLES have same legal protections as couples: Rules man can take over lease of late boyfriend's rent-stabilized apartment - despite deceased lover being married
- The case involved three people: Scott Anderson, his boyfriend Markyus O'Neill, and Anderson's husband Robert Romano
- Anderson and O'Neill lived together in Manhattan's Hell's Kitchen neighborhood, while Romano lived in a different residence
- When Anderson died in 2021, O'Neill was denied the right to renew the lease on Anderson's rent-stabilized apartment because of Romano
- 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 that triggered the ruling involved three people: Scott Anderson, his boyfriend Markyus O'Neill, and Anderson's husband Robert Romano.
Anderson and O'Neill lived together at a rent-stabilized apartment in Manhattan's Hell's Kitchen neighborhood, while Romano lived at a different address.
Anderson died in October 2021, prompting O'Neill to try and take over the rent-stabilized lease that his late boyfriend had held.
But he was denied the right to do so, because it was in Anderson's name and O'Neill was a 'non-traditional family member.'
O' Neill subsequently took the landlord - West 49th St. LLC - to court, with New York Civil Court Judge Karen May Baydayan ruling in his favor.
Judge Baydayan said the definition of 'family' had changed heavily in recent years, as gay marriages became legal, and that monogamous, two-person relationships were no longer the only coupling entitled to legal protection.
She explained: '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?'
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
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.'
It is unclear if Romano was also in a relationship with O'Neill.
A lawyer for West 49th St., LLC called O'Neill's affidavit describing himself as a non-traditional family member was 'a fairytale.'
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 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'
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
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 who also worked as an actor; his obituary citing his friendship with 'That 70's Show' star Debra Jo Rupp
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