Landmark Decision Keeps Transgender Discrimination Lawsuit Against New York City Alive, Affirms Reach of NYC Human Rights Law

New York , NY – On Friday, the New York County Supreme Court issued a landmark Decision and Order denying in its entirety the City’s motion to dismiss Plaintiff Jane Doe’s discrimination claims under the New York City Human Rights Law.  The lawsuit, Jane Doe v. The City of New York, 163629/2025 (N.Y. Cnty. Sup. Ct), asserts gender- and disability-based discrimination claims on behalf of Jane Doe, a transgender woman whom, despite making clear that she was a trans-woman, was continually forced by the City to reside in men’s shelters and assigned rooms with cis-men during her two plus year stint in the NYC shelter system, resulting in repeated sexual assaults and brutal harassment on numerous occasions. 

The City mounted a kitchen-sink attack on the Complaint and the Court rejected each and every argument. The New York County Supreme Court held, among other important rulings, that Ms. Doe’s allegations that the City failed to place her in a TGNC bed or a women’s shelter despite knowing that she was transgender and was subjected to sexual assaults in the men’s shelter are sufficient to show “discriminatory motive on a system wide basis” and that the City can be held liable for the discriminatory conduct of its Shelter Partners, as agents of the City. 

“Today’s decision reflects an important milestone in the protection of transgender rights in New York City, and a reminder of the power of our local laws to make change and correct injustice,” said Armen Merjian, Senior Staff Attorney at Housing Works, Inc., which along with Legal Services NYC and Wang Hecker LLP represents the Plaintiff. “At every turn, the Court denied the City’s efforts to squirm out of liability for the blatantly discriminatory and harmful conduct to which it subjected Ms. Doe in the City’s shelter system and at her most vulnerable. We look forward to pressing forward and holding the City accountable for the deplorable treatment Ms. Doe has suffered and hope to bring about real change in the way DHS and its Shelter Partners treat transgender individuals.”

Background: A Pattern of Discrimination and Abuse in NYC Shelters

Jane Doe, a Black transgender woman diagnosed with gender dysphoria, entered the New York City shelter system in August 2022 after losing her housing. Despite repeatedly informing Department of Homeless Services (DHS) staff that she was a transgender woman and requesting placement in a women’s shelter or a transgender and gender nonconforming (TGNC) shelter, she was repeatedly told—incorrectly—that she needed to be on hormone replacement therapy for one year before she could be transferred. Shelter and DHS staff also warned that requesting a transfer could delay her eligibility for permanent housing through the CityFHEPS voucher program.

As a result, Ms. Doe spent more than a year living in men’s congregate shelters, where she was forced to sleep and shower alongside cisgender men despite repeatedly expressing concerns for her safety.

During her more than two years in the shelter system, Ms. Doe endured repeated sexual assaults, harassment, and pervasive discrimination. She reported multiple incidents to shelter staff, DHS case managers, senior DHS officials, and advocates, yet her requests for a transfer to safer housing were repeatedly denied or ignored.

Even after she was eventually moved to a shelter with TGNC-designated beds, she continued to be housed with cisgender men, subjected to additional sexual assaults and harassment, repeatedly misgendered by staff, and demeaned with anti-transgender comments and stereotypes.

She ultimately secured permanent housing in February 2025 after spending approximately two and a half years in the City’s shelter system, and her lawsuit alleges that the City’s actions reflect broader systemic discrimination against transgender New Yorkers

“This decision sends a powerful message that transgender New Yorkers cannot be denied equal treatment or forced to endure dangerous conditions simply because of who they are,” said Julian Castronovo, a Supervising Attorney working on the case at Legal Services NYC. “The court made clear that the City cannot ignore its obligation to protect transgender New Yorkers from discrimination or evade responsibility when its shelter system places them in harm’s way. We look forward to continuing this case and ensuring that the strong anti-discrimination protections under the NYC Human Rights are enforced to the fullest.”