Hispanic Aids Forum v. Estate of Bruno

Saxe, J.P.

dissents in a memorandum as follows: A very simple and direct pleading issue is presented on this appeal: Does it constitute sex discrimination under the New York State Human Rights Law (Executive Law § 296 [5] [b] [1]) or gender discrimination under the New York City Human Rights Law (Administrative Code of City of NY § 8-107 [5] [b] [1]) when a landlord refuses to renew the lease of a tenant who provides services for transgender clients, unless the tenant prevents those transgender clients from using the building’s restrooms and common areas?

While acknowledging that such an…