Lawyers Manual - Unified Court System

416 Sharon Stapel
30. See C.M. v C.H., 789 NYS2d 393 (Sup Ct, NY County, 2004); Janis C. v
Christine T., 294 AD2 496 (2d Dept 2002); Multari v Sorrell, 287 AD2d
764 (3d Dept 2001).
31. 2002 Session Law News of NY, Ch 2, A1971.
32. Notably, SONDA does not protect transgender people from discrimination
based on gender identity, although if a trans person identifies as gay, lesbian
or bisexual, and is discriminated against because of sexual orientation and not
gender identity, the discrimination would be prohibited under SONDA. Many
argue that the “gender” and “sex” clauses in the New York State Human
Rights Law protect trans people from gender identity discrimination;
however, the New York City Administrative Code was recently amended to
more clearly and accurately reflect this intention in New York City.
Guidelines interpreting the Human Rights Law that was passed to protect
New Yorkers from discrimination on the basis of gender identity or
expression in 2002, http://www.srlp.org/documents/trans_guidelines_final.pdf.
The New York State Legislature has introduced legislation to prohibit
discrimination on the basis of gender identity and expression in employment,
housing, credit, education and public accommodations under A.7438/S.4794
(2005-2006 Legislative Session).
33. For a detailed discussion on the Family Violence Option and other public
assistance considerations for domestic violence survivors, see Amy
Schwartz and Sharon Stapel, “Public Assistance and Housing: Helping
Battered Women Navigate Difficult Systems,” in this publication.
34. For a discussion of other domestic violence related housing options, see
Amy Schwartz and Sharon Stapel, “Public Assistance and Housing:
Helping Battered Women Navigate Difficult Systems,” in this publication.
35. See New York City Human Rights Law 8-107 (5)(k): Applicability;
dormitory-type housing accommodations. The provisions of this
subdivision that prohibit distinctions on the basis of gender and whether
children are, may be or would be residing with a person shall not apply to
dormitory-type housing accommodations including, but not limited, to
shelters for the homeless where such distinctions are intended to recognize
generally accepted values of personal modesty and privacy or to protect the
health, safety or welfare of families with children.
36. DHS Policy No. 06-1-31 (Jan. 31, 2006).
37. Although lesbians and bisexual women generally do not have trouble
finding shelter space designated for women, often the shelter is not equipt
to address issues of sexual orientation or same-sex violence. Gay men, as