Lambda Argues New York Housing Law Harms Lesbian and Gay Couples

(NEW YORK, December 7, 2001) — Lambda Legal Defense and Education Fund is helping challenge a new housing regulation that undermines New York’s Roommate Law and makes it easier for landlords to harass and evict many lesbian and gay couples if they do not divide expenses equally.

On Monday, December 10, at 9:30 a.m., the Supreme Court of the State of New York in Kings County will hear argument in Brooklyn Housing v. Lynch, a lawsuit challenging a broad array of new anti-tenant regulations. Lambda Staff Attorney Adam Aronson, author of Lambda’s brief, will participate in oral argument.

The regulations include one that prohibits any rent-stabilized tenant not named on a lease from paying more than a “proportionate share” of the rent. The regulation affects thousands of tenants in New York City and Nassau, Westchester, and Rockland counties.

Lambda’s friend-of-the-court brief explains that the new regulation makes lesbian and gay couples vulnerable, since like many married couples it is common for only one partner to be named on the lease and for partners to co-mingle finances and divide rent based on ability to pay. If the partner whose name is on the lease pays less than half the rent, a landlord may try to rely on the new regulation to evict the couple. The regulation does not apply to married couples.

Lambda also argues that before issuing the new regulation, the New York State Division of Housing and Community Renewal (DHCR) failed to comply with New York law requiring it to consider the impact that the regulation would have on different groups of tenants, including lesbian and gay couples. The state agency also failed to give sufficient advance public notice about the regulation and consequently denied the public its legal right to comment.

“It would be nice if we could all live like television’s ‘Will and Grace,’ but the reality is that many lesbians and gay men struggle financially. We have the same money problems that non-gay people do and need housing protections,” said Aronson. Noting that married couples are exempted from the regulation, Aronson added that “This is one more reason why lesbian and gay relationships need full legal recognition.”

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. In issuing the new “proportionate share” regulation, DHCR is trying to exploit its regulatory authority to do an end run around the Roommate Law.

The Legal Aid Society, Brooklyn Legal Services, Legal Services for New York City, and the law firm of Himmelstein, McConnell & Gribben are representing numerous tenant and low-income housing groups that are appearing as plaintiffs in this case.

The oldest and largest legal organization dedicated to the civil rights of lesbians, gay men, and people with HIV and AIDS, Lambda has its headquarters in New York and regional offices in Los Angeles, Chicago, and Atlanta. Lambda plans to open an office in Dallas in 2002.

WHAT: Oral argument in Brooklyn Housing v. Lynch WHO: Lambda Staff Attorney Adam Aronson WHERE: Supreme Court of the State of New York Kings County, 120 Schermerhorn Street, Courtroom 1002F, Brooklyn WHEN: Monday, December 10 at 9:30 a.m.

Contact: Jennifer Grissom 212-809-8585 x 231, 888-987-1976 (pager)
Adam Aronson 212-809-8585 x 223