Judge Rejects NYC's Bid To Dismiss Transgender Shelter Lawsuit

NEW YORK, NY— A Manhattan judge ruled a transgender woman's lawsuit against New York City can proceed, allowing her to pursue claims that the City's homeless shelter system forced her to live in men's shelters despite knowing she was transgender.

State Supreme Court Judge Lyle Frank ruled on Friday that the woman, identified in court filings as Jane Doe, can seek damages over allegations that she endured sexual harassment, sexual assault and psychological harm.

The ruling also allows Doe to pursue a court order that would require the City to place transgender people in shelter housing that matches their self-identified gender.

Why Did The Lawsuit Survive?

City lawyers argued the case should be dismissed, saying Doe failed to complete a required accommodation request and that New York City could not be held responsible for actions at shelters operated by contractors.

Frank rejected those arguments.

The judge wrote that Doe's allegations sufficiently raised claims of "discriminatory motive on a system-wide basis" and suggested the issues could continue without court intervention.

Frank found Doe had legal standing to pursue her claims against the city.

According to the lawsuit, staff at multiple shelters repeatedly told Doe she had to undergo gender-affirming hormone replacement therapy for one year before she could move into a women's shelter.

She also alleged staff warned that transferring shelters would restart the 90-day waiting period to qualify for a CityFHEPS rental assistance voucher.

Doe argued those statements contradicted the City's written policy, which says a person's self-identification is the primary factor in determining shelter placement.

What Does Doe Allege Happened Inside The Shelters?

Doe said the City's decisions forced her to sleep and shower with more than a dozen cisgender men.

She alleges she experienced repeated sexual harassment, sexual assault and lasting psychological harm while living in men's shelters.

Even after transferring to a women's shelter, Doe alleges cisgender men remained in her room and harassed her and other transgender women housed there.

Her attorney, Armen Merjian, told amNY the allegations point to problems extending beyond a single shelter.

"The issues that Miss Doe has raised in this lawsuit are extremely disturbing and seemingly systemic," Merjian told amNY. "What we saw was a terrible mistreatment of a transgender individual being forced to shower and sleep with 15 cisgender men, which led to repeated acts of sexual assault, harassment, and mistreatment by individuals in the homeless system in New York."

What Could The Case Mean For Other Transgender New Yorkers?

The lawsuit seeks more than compensation for Doe.

If successful, it could require New York City's shelter system to place transgender people in housing consistent with their gender identity and establish broader legal protections.

Could The City Settle The Case?

Merjian said he hopes the administration of Mayor Zohran Mamdani will resolve the case rather than continue litigation.

"I would hope, and I would assume, that the city would like to do right by Ms. Doe," Merjian told amNY.

He said he believes the new administration has emphasized homelessness and issues of justice and could choose a different legal approach than the previous administration.

A spokesperson for Mayor Mamdani did not respond to amNewYork's request for comment on the ruling or whether the city would consider settling. A spokesperson for the City's Law Department said it is reviewing the decision.

Merjian said his legal team is prepared to proceed if the case reaches trial.

"We have an airtight case here, sadly, because the facts are so deplorable," Merjian told amNY. "This will lead, inevitably, to trial."

The City can continue defending the lawsuit, seek a settlement or prepare for trial.