Gay Life Partner Has Pass-On Rights

November 1, 1994

LVT Number: 9199

Facts: Loft tenant died while an application for loft coverage was pending. Tenant's gay life partner took tenant's place in the application process. Landlord argued that tenant's gay life partner had no pass-on rights to tenant's lease, and that he didn't qualify for a renewal lease because he'd moved in after June 21, 1982. Board: Gay life partners have pass-on rights to loft leases because loft tenants should have the same rights as rent-stabilized and rent-controlled tenants. Otherwise, similar laws would have differing interpretations.

Facts: Loft tenant died while an application for loft coverage was pending. Tenant's gay life partner took tenant's place in the application process. Landlord argued that tenant's gay life partner had no pass-on rights to tenant's lease, and that he didn't qualify for a renewal lease because he'd moved in after June 21, 1982. Board: Gay life partners have pass-on rights to loft leases because loft tenants should have the same rights as rent-stabilized and rent-controlled tenants. Otherwise, similar laws would have differing interpretations. A hearing is required to determine if tenant and gay life partner meet the nontraditional family member definition. Also, it doesn't matter when gay life partner moved in, as long as tenant lived in the apartment during the ''window period'' for loft coverage.

Matter of Snelham-Moore: Loft Bd. Ord. No. 1625 (9/29/94) [9-page document]

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