Judge Offers Possible Legal Recognition of Polyamory
In a decision that recognizes the possibility of polyamorous relationships, a New York City judge has ruled in a tenancy case that it’s possible for two men to both claim partnerships with a third man — and that the man whose relationship is being questioned should have a chance to prove his claim in court.A landlord is seeking to evict Markyus O’Neill, who had occupied a rent-stabilized apartment with Scott Anderson beginning in 2012, Gay City News reports.
Anderson died in October 2021, and his lease expired at the end of the year. O’Neill said he had a “familial” relationship with Anderson, entitling him to stay in the apartment as if he were Anderson’s legal spouse, as permitted by city regulations.But another man, Robert Romano, said he was Anderson’s life partner, even though they did not live together, according to evidence presented by landlord, West 49th Street LLC.
Romano wrote in an affidavit that he and Anderson were “an exclusive couple” in a partnership of 25 years. O’Neill did not have any formal documentation of his relationship with Anderson, but he said they were very close and that he helped pay their expenses.Based on the affidavits presented by each man, Housing Court Judge Karen May Bacdayan wrote that it appears Anderson “loved both of them in different ways.” In her September 23 ruling, Bacdayan declined to issue summary judgment — that is, a decision without a full trial — for either O’Neill or West 49th Street, and said O’Neill is entitled to a full hearing of his claim.Related: Queer Lawmaker Liliana Bakhtiari Comes Out as NonmonogamousShe cited a 1989 New York Court of Appeals decision, Braschi v.
