Braschi v. Stahl Associates Co.

Appellate Division of the Supreme Court of New York, First Department · Family Law

Family LawRent ControlPreliminary InjunctionsLease Successionpreliminary injunctionlikelihood of successrent-controlled apartmentsuccession rights

Facts

Plaintiff lived with the deceased tenant-of-record in a rent-controlled apartment for 10 years in a long-term relationship marked by love and fidelity. After the tenant-of-record died, plaintiff sought to remain in the apartment as the surviving spouse or family member under section 2204.6(d) of the New York City Rent and Eviction Regulations. He sought a preliminary injunction restraining the landlord from evicting him while the court determined his claimed right to succession. The dispute turned on whether plaintiff, as the deceased tenant's gay life partner, fit within the regulation's protected classes.

Issue

Whether plaintiff showed a likelihood of success on the merits sufficient to justify a preliminary injunction by establishing that, as the deceased tenant's gay life partner, he qualified as a surviving spouse or other family member under section 2204.6(d) of the New York City Rent and Eviction Regulations.

Rule

A preliminary injunction may be granted only if the movant proves a likelihood of success on the merits. Because succession to the leasehold property rights of a rent-control tenant did not exist at common law, any such right is governed purely by statute; under section 2204.6(d), as interpreted by this court, protection extends only to surviving spouses and family members within traditional, legally recognized familial relationships.

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In Manhattan, Daniel Morrow lived for 14 years with Elena Cruz, the tenant of record in a rent-controlled apartment. They shared expenses and were regarded by friends as devoted life partners, but they never married and had no other legally recognized family tie. After Elena died, Harbor Gate Properties moved to evict Daniel, and Daniel sought a preliminary injunction under a regulation protecting a deceased tenant's surviving spouse or family member.

How should the court rule on Daniel's request for a preliminary injunction?

Explanation. A preliminary injunction requires the movant to prove a likelihood of success on the merits. Under the majority opinion, succession to a rent-controlled tenancy is purely statutory, and the regulation protects only surviving spouses and family members within traditional, legally recognized familial relationships. Proof of a long-term, loving partnership alone is insufficient. (Derived from Braschi v. Stahl Associates Co. (n.d.).)