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NYC eviction judge rules THROUPLES enjoy the same legal protections as couples after the man was denied rent of his late friend’s rent-stabilized apartment – because the deceased lover also had a husband who lived elsewhere
- The case involved three people: Scott Anderson, his friend Markyus O’Neill and Anderson’s husband Robert Romano.
- Anderson and O’Neill lived together in the Hell’s Kitchen neighborhood of Manhattan, while Romano lived in another residence
- When Anderson died in 2021, O’Neill was denied the right to renew 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 has reportedly concluded that people in the family are entitled to the same kind of legal protection as couples in eviction cases
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The New York City eviction judge ruled that throuples — romantic entanglements between three people — enjoy the same legal protections as traditional couples.
The case that led to the ruling involved three people: Scott Anderson, his friend Markyus O’Neill and Anderson’s husband Robert Romano.
Anderson and O’Neill lived together in a rent-stabilized apartment in the Hell’s Kitchen neighborhood of Manhattan, while Romano lived at a different address.
Anderson passed away in October 2021, prompting O’Neill to try to take over the rent-stabilized lease his late friend had had.
But he was denied the right, because it was in Anderson’s name and O’Neill was a “non-traditional relative.”
O’ Neill then sued the landlord – West 49th St. LLC – with New York Civil Court Judge Karen May Baydayan ruling in his favor.
Judge Baydayan said the definition of “family” had changed a lot in recent years as same-sex marriages became legal and monogamous two-person relationships were no longer the only couple entitled to legal protection.
She explained: “Then, aside from the very real possibility of implied majority enemy, why is the restriction of two people included in the definition of a family relationship for the purpose of obtaining the same protection against eviction as legally formalized or bloody relationships?”
The New York City eviction judge ruled that throuples – romantic entanglements between three people – have some of the same legal protections as traditional couples after Scott Anderson’s death (pictured) left his partner, with whom he lived separately from his husband, not in able to renew the lease of their apartment
Anderson recently passed away 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 relative’
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 can be seen with both Anderson and Romano on the 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.
An attorney for West 49th St., LLC called O’Neill’s affidavit describing himself as a nontraditional relative “a fairytale.”
Judge Karen Bacdayan concluded that throuples are entitled to the same kind of legal protections as couples in eviction cases, arguing that the existence of the throuple should not immediately stop O’Neill from renewing the lease.
Bacdayan cited a 1989 case when the New York State Court of Appeals became the first in US history to recognize that any kind of “non-traditional” or similar family relationships “have the right to legal recognition.”
She adds that while there is precedent from that case and Obergefell vs. Hodges, who legalized same-sex marriage in America, “the present case presents the clear and complex issue of significant multi-person relationships.”
Bacdayan cited a 1989 case when the New York State Court of Appeals was the first in US history to recognize that any kind of “non-traditional” or similar family relationships “have the right to legal recognition.”
Judge Karen Bacdayan concluded that throuples are entitled to the same kind of legal protections as couples in eviction cases, meaning O’Neill should be able to renew the lease
She said that while Obergefell and similar cases don’t specify anything regarding throuples, they “open the door for consideration of other relational constructs and maybe the time is right.”
Bacdayan also quoted Supreme Court Chief Justice John Roberts as writing, “If not having the opportunity to marry leads to disrespect and subordination to gay and lesbian couples, why not impose the same handicap? . . serve to despise and subordinate people who find satisfaction in polyamorous relationships?’
Anderson passed away on October 27, 2021. He was an interior decorator and award-winning actor who also worked as an actor; his obituary stating his friendship with ‘That 70’s Show’ star Debra Jo Rupp