Case Type
Other
Housing Type
Co-op
Court
Court of Appeals
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
No. 91
Slip Opinion Number
2024 NY Slip Op 06290
Petitioner
Maryann McCabe et al.
Respondent
511 West 232nd Owners Corp.
Judge
Halligan, Garcia, Singas, Cannataro, Troutman, Chief Judge Wilson, Rivera
Decision/Order Date
2024-12-17
Posture
Other
Disposition
Judgment for Landlord
Winner
Landlord Substantially Won
Synopsis
This case involved a co-op resident (tenant) who sought to inherit her deceased partner's co-op unit. The co-op board denied the transfer, arguing that the tenant was not the deceased's spouse and therefore not eligible for automatic transfer under the lease. The tenant argued that the board's denial constituted discrimination based on marital status under the NYCHRL. The Court of Appeals affirmed the lower courts' decisions, holding that the NYCHRL's prohibition on marital status discrimination does not extend to unmarried partners. The court emphasized the plain meaning of "marital status" and the lack of legislative intent to extend protection to unmarried couples beyond the scope of legally recognized relationships such as marriage or domestic partnerships.
Recommended Citation
"Matter of McCabe v. 511 W. 232nd Owners Corp." (2024). All Decisions. 1725.
https://ir.lawnet.fordham.edu/housing_court_all/1725
