Lawyers Manual - Unified Court System

Domestic Violence in the LGBT Communities 419
43. Because intimate partner violence in many LGBT relationships may not be
pursued in Family Court or Supreme Court, LGBT survivors may consider
civil torts remedies. These torts could include assault, battery, the
intentional infliction of emotional distress, false imprisonment, defamation,
or public disclosure of private facts.
44. Small Claims Court may be used to recover money for damages or
property taken by an abusive partner up to a value of $5,000. The Small
Claims Court is a simple, inexpensive and informal court where people can
sue for money without a lawyer. For more information, see
http://www.courts.state.ny.us/courts/nyc/smallclaims/general.shtml (last
visited May 3, 2006).
45. Braschi v Stahl Assocs., 74 NY2d 201 (1989). The First Department has
extended Braschi to protect same-sex partners in rent-stabilized
apartments. East 10th Street Assocs. v Estate of Goldstein, 154 AD2d 142
(1st Dept 1990). A lower court in the Second Department has also extended
Braschi to protect same-sex partners in rent-stabilized apartments.
LaMarche v Miles, L&T Index No. 078102/04 (NYLJ 11/4/2005).
46. Minors v Tyler, 137 Misc 2d 505 (NY City Civ Ct, 1987). However, a
Nassau County Court, in Blake v Stradford, 188 Misc 2d 347 (NY Dist Ct,
2001), held that a domestic partner was a licensee and subject to eviction.
In Dejesus v Rodriguez, 768 NYS2d 126 (NY City Civ Ct, 2003), the New
York City Civil Court specifically declined to follow Blake.
47. Before the Roommate Law was enacted in 1983, leases could prohibit
tenants from living with anyone other than “family members.” Landlords
regularly used these lease restrictions to evict unmarried couples, including
lesbian and gay couples. The State Legislature passed the Roommate Law
specifically to prohibit landlords from evicting these families based on
their marital status.
48. Real Property Law 235-f.
49. McKinney’s RPAPL § 601.