Judge Allows Lawsuit Over Transgender Shelter Placement to Proceed

A Manhattan Supreme Court judge has cleared the way for a lawsuit against New York City, which alleges that the municipal homeless shelter system improperly placed a transgender woman in facilities designated for men. In a ruling issued July 17, Judge Lyle Frank denied the city’s motion to dismiss the case, finding that the plaintiff, identified as Jane Doe, presented sufficient claims to suggest a "system-wide" pattern of discriminatory practices.

The lawsuit contends that the plaintiff faced sexual harassment and assault while housed in facilities with cisgender men. According to the complaint, shelter staff repeatedly provided inaccurate information regarding transfer requirements, including claims that she needed to undergo one year of hormone replacement therapy to qualify for a women’s shelter. The plaintiff further alleges that she was told a transfer would reset her 90-day waiting period for a CityFHEPS rental assistance voucher, a policy that contradicts the city's stated guidelines on gender identity and housing.

In his decision, Judge Frank rejected the city’s arguments for dismissal, which included assertions that the plaintiff failed to complete necessary accommodation forms and that the city bears no liability for the actions of its contracted shelter providers. The judge noted that the city’s arguments were unconvincing and that judicial intervention is likely necessary to address the alleged improper treatment of transgender individuals within the system.

Armen Merjian, an attorney representing the plaintiff, described the allegations as "disturbing" and "systemic." He expressed hope that the current administration under Mayor Zohran Mamdani might choose to settle the case rather than continue a legal defense, citing the administration’s stated commitment to addressing social injustices.

"The case also stands as a wonderful precedent nationwide that cross-gender placement of unhoused individuals is violative of their most fundamental rights," Merjian said.

The city’s Law Department stated that it is currently reviewing the case. The plaintiff is represented by legal teams from Brooklyn Legal Services and Wang Hecker LLP. If the city does not reach a settlement, the case is expected to proceed to trial.