Family Law - Fall 2002

Family Law - Fall 2002 - Family Law I 2...

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1 Family Law I 2 Central theoretical Qs: 1) What is a family? 2) Why are there separate laws for families? - parties have certain responsibilities like a K (unlike a friend) - state has a social engineering directive - intimacy of family is entitled to certain privacies akin to a mini-sovereign 1. WHAT IS A FAMILY? Pensebcot Housing Aiuth v. Brewer - group home for mentally retarded; zoning for single family residences in area (cty ord) - Auth says not a single family residence 1) based on a statute 2) implicit failures to meet goal of zoning (no central authority figure or head of house; other reasons) Traditional Family : - blood - marriage - adoption (operation of law) Domestic bond as compared to hotel, fraternity, etc & Non-traditional stuff: living w/ girlfriend, foster home: that looks like a traditional family ( functional ) Group Home’s Argument – not challenging constitutionality - another domestic bond (not a hotel or fraternity); we are a family-type institution Town’s response – workers in shifts coming into cook and clean and no stable head of household (does this mean that an invalid couple are not a family?) Group – statute is under-inclusive (does not allow for old couple or rich w/ servants, or group homes to be included in family) Ct: - not a recognized domestic bond; city can make this non-arbitrary distinction Statute: Defined traditionally (b, m, or law)? Or Functionally (dinner together, sleeping arrangements, chores)? Brashi v. Stahl Was Brashi a family member of Blanchard for purposes of rent controlled succession (homo male couple) upon death of Blanchard? - not a spouse, but ‘other member of decedent’s family’ living w/ deceased as per statute App Div’s reasoning – leg does not endorse same sex marriages, therefore not a family COA : what function does a family fulfill vis a vis housing that allows succession of apt?; Cf. to same sex relationship – if fulfills, then is a family for purposes of succession Hypo : married – husband dies – RC cheap - but both only used apt for trysts and were never in it together - argue by Corp: does not fit functional definition of family under Brashi , used for immoral purposes, therefore does not succeed, did not hold themselves out as a married couple - this is functional, but by wording of statute (traditional definition), they succeed to RC 5 sources of family law : 1) state stautory law ( i.e. incestuous marriages) 2) state const law 3) fed law (child support recovery act, const) 4) state and fed tax (i.e. no tax on immediate family health ins, but taxed on others – domestic partners, aunt, etc) 5) local ordinances
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2 Hann v. Housing Auth (EDPa 89) Whether local housing auth can deny an application for low-income housing assistance based solely b/c unmarried? -
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This note was uploaded on 02/14/2008 for the course LAW 7711 taught by Professor Staff during the Fall '02 term at Yeshiva.

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Family Law - Fall 2002 - Family Law I 2...

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