Lawyers Manual - Unified Court System

Domestic Violence in the LGBT Communities 417
all men do, have a more difficult time finding domestic violence shelter
because many shelters have dormitory style housing and therefore may be
designated as single sex. Trans clients, particularly those whose birth
certificates reflect their birth sex and not gender identity, and trans clients
who do not “pass” as easily in their gender identity presentation (e.g., a
“masculine” looking transwoman), are often denied shelter or are sheltered
in an inappropriate single sex shelter based on their birth, not identity,
gender. The most commonly heard reason for turning transwomen away
from women-only DV shelters is that the other shelter residents will not
feel comfortable with a transwoman. This is transphobia and must be
addressed through education and information to shelter staff and residents.
Safe Horizon has a dedicated apartment for LGBT clients and have housed
gay, lesbian, and trans women to date. Safe Horizon attorneys work closely
with the New York City Anti-Violence Project (AVP) and receive both
LGBT referrals and on-going training from AVP.
38. Generally New York does not recognize an implied contract for the
rendition of services by an unmarried couple living together because courts
assume the relationship between the parties makes the rendering of such
services naturally gratuitous. Morone v Morone, 50 NY2d 481 (1980).
However, in Moors v Hall, the Second Department suggested that an
individual may be entitled to quantum meruit recovery for the reasonable
value of the domestic services rendered while in an unmarried relationship.
143 AD2d 336 (2nd Dept 1988). It is important to note that in Moors v
Hall, the couple maintained separate residences and the male partner
acknowledged on several occasions that he would pay his female partner
for the services rendered. Generally, a major obstacle to recovery in
quantum meruit is the presumption that services rendered between
members of the same household have been performed gratuitously.
46 AMJUR POF 2d 495 (2006). Presumably, LGBT partners could
similarly sue for services rendered and face the same obstacles.
39. In Cytron v Malinowitz, the Kings County Supreme Court determined a
domestic partner seeking a portion of the proceeds from the sale of a
jointly-owned property in partition action could be determined by the laws
of partnership. 1 Misc 3d 907(A) (Sup Ct, Kings County, 2003). In
determining whether the laws of partnership were appropriate, the Court
looked at whether the parties had so joined their property, interests, skills
and risks so that contributions have become as one and interest of the
parties has been made subject to each of the parties. Such a partnership
need not have been agreed to in writing. The fact that there is no written
agreement will merely be one element to be considered in determining