A lawsuit accusing New York City of repeatedly placing a transgender woman in men’s homeless shelters can move forward despite the city’s attempt to stop it.
A Manhattan Supreme Court judge denied the city’s motion to dismiss the suit, which alleges the city violated its own anti-discrimination law.
The New York City Human Rights Law — which protects New Yorkers against discrimination based on gender, including gender identity — is one of the most comprehensive anti-discrimination laws in the country. It has recently been cited by civil rights groups and politicians as the city and state respond to the Trump administration’s rollback of federal protections for LGBTQ+ people in sectors including hospitals, schools and the workplace.
That same law is now the focal point of the complaint, filed on behalf of a transgender woman who alleges she was repeatedly misgendered and sexually assaulted and harassed during her time in the city’s shelter system.
The woman — identified in the suit as Jane Doe — said a 311 dispatcher in 2022 told her she could not go to the women’s intake center until she had been on hormone replacement therapy for a year, according to the complaint.
Doe said she spent time at the 30th Street Men’s Intake Shelter, the NAICA East Tremont Shelter and the Second Avenue Men’s Shelter before eventually being placed at Pam’s Place, a women’s shelter with beds set aside for transgender and gender-nonconforming people, in 2023.
At Pam’s Place, Doe alleges staff repeatedly misgendered her and that several cisgender men placed in her room sexually assaulted or harassed her. She eventually obtained her own apartment in February 2025.
The shelters are part of the city’s Department of Homeless Services system. DHS operates intake centers and also contracts with public and private providers to operate shelters.
In addition to compensation and legal fees, Doe is seeking court orders requiring policy and training changes, among other relief.
“It’s an incredible decision that reflects New York’s laws protecting trans people in shelters against discrimination and abuse,” said Mariann Wang, an attorney with Wang Hecker LLP who represents Doe. “We are incredibly proud and privileged to represent Jane Doe who went through so much.”
Armen H. Merjian, legal director at Housing Works and co-counsel for Doe, also praised the ruling, saying it was “heartening” at a time when “the rights of transgender citizens [are] in peril throughout the country.”
Brooklyn Legal Services referred questions about the case to Wang.
Wang added that she is hopeful “that there will be a willingness to address this meaningfully” under the current city administration.
The case’s next court date has not yet been set, according to Wang.
City policy does not require people seeking shelter to provide verification that they are transgender or to have undergone hormone replacement therapy for any length of time, according to the city. That differs from what Doe alleges she was told by a 311 dispatcher in 2022.
Neha Sharma, a spokesperson for the city Department of Social Services, which oversees the Department of Homeless Services, said the agency remains “firmly committed to strengthening systemwide protections for transgender New Yorkers while ensuring trauma-informed supports across city shelters.”
“We recognize that a safe and affirming environment is absolutely critical to the health and stability of transgender New Yorkers in shelter, and we will continue to take important steps to create safe spaces for them as reflected by the recent opening of the nation’s first publicly-funded shelter for transgender individuals in NYC,” Sharma said.
This story has been updated with comments from attorneys representing Doe and the city Department of Social Services.