Braschi v. Stahl Associates

In Braschi v. Stahl Associates, 74 NY2d 201, 543 N.E.2d 49, 544 N.Y.S.2d 784 [1989], the Court interpreted the meaning of the term family as used in the rent control regulations. Those provisions protected from eviction, "either the surviving spouse of the deceased tenant or some other member of the deceased tenant's family who has been living with the tenant" (id., 74 NY2d at 206). The Court held that the term family, as used in 9 NYCRR 2204.6[d], should not be rigidly restricted to those people who have formalized their relationship . . . . The intended protection against sudden eviction should not rest on fictitious legal distinctions or genetic history, but instead should find its foundation in the reality of family life (id., 74 NY2d at 211). Protection from eviction should therefore...be based upon an objective examination of the relationship of the parties...including the exclusivity and longevity of the relationship, the level of emotional and financial commitment, the manner in which the parties have conducted their everyday lives and held themselves out to society, and the reliance placed upon one another for daily family services . These factors are most helpful, although it should be emphasized that the presence or absence of one or more of them is not dispositive since it is the totality of the relationship as evidenced by the dedication, caring and self-sacrifice of the parties which should, in the final analysis, control (id., 74 NY2d at 212-213).