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Succession Rights & the Marriage Equality Act
Thursday, April 12, 2012 6:00 pm-9:00 pm


In the summer of 2011, New York State adopted the Marriage Equality Act which allowed same-sex couples to marry in this state. Prior to this law being passed, New York State Courts and administrative agencies were split as to their treatment of the legal rights of same-sex couples with respect to their legal rights and benefits.

In the context of rent-regulation and the rights of family members to “succeed” to these apartments, the issue of a same-sex partner’s rights’ were established in the seminal Court of Appeals case of Braschi v. Stahl in 1989. However, after Braschi, the definition of a “non-traditional family member” for the purposes of succession rights is not settled and succession rights questions are litigated daily.

Today, the Marriage Equality Act poses new questions in this context: How do succession rights vest after marriage under this law?; should the courts draw a negative inference about succession rights if a same-sex couple fail to marry under this law?; do the courts recognize non-traditional relationships outside of the scope of the Marriage Equality Act? Join us as we examine the specific provisions of the Marriage Equality Act, its impact on rent regulated apartments and the application of these two principles in Housing Court.

Program Chair: SATEESH NORI, Bedford-Stuyvesant Community Legal Services

Speakers: JAMES FISHMAN, Fishman&Mallon; MAGDA L CRUZ, Belkin Burden Wenig & Goldman; SHELDON MELNITSKY, Managing Attorney at New York State Homes and Community Renewal

Sponsored by: Housing Court Committee, Sateesh Nori, Chair

CLE credit: 3.0 credits total: breakdown tbd.

To register, please contact Sateesh Nori at sateesh.nori@gmail.com.

 

Event Location: 42 West 44th St. (bet. 5th & 6th Ave.)