Supreme Court’s ruling on right to enter into lease of late gay partner

The District Court for Warszawa-Mokotów decided that XY had entered into a lease of a late gay partner. The court had no doubts that the grounds for entering into a lease might also apply to persons having same-sex relationships. The Foundation was involved in the case from the very beginning.

“After over two years following the date of the Supreme Court’s resolution, the court decided at last that there had been a spiritual, emotional, physical and economic bond between our client and his partner and the apartment occupied by them constituted a centre of their life together” – said Dorota Pudzianowska PhD, an HFHR lawyer.

The judgment concludes long-lasting proceedings. At the beginning of the proceedings the district court dismissed the action of XY stating that only heterosexual couples might enter into a lease. However, in 2012, the Supreme Court issued a resolution stating that the grounds for entering into a lease of a late lessee might also apply to persons having homosexual relationships. The Supreme Court ruled, based on the provisions of the Civil Code, that a person in “actual cohabitation” with a deceased lessee was a person linked with the lessee by an emotional, physical and economic bond, even if they were of the same sex.

“This means that our client may benefit from the provision which provides for the right to enter into a lease of a late, same-sex partner. This day is important for our client and let’s hope that it will bring an end to the dispute – lasting from 2010 – on such a significant issue as home” – adds Dr Pudzianowska.

“In the oral reasoning of the judgment, the court highlighted the fact that even if no resolution was issued by the Supreme Court, it would still be improper – according to the Court – to differentiate between the situation of heterosexual and homosexual couples due to the principle of equality and the prohibition of discrimination based on sexual orientation” – says Jarosław Jagura, an HFHR lawyer.

The judgment is not yet final.