Transgender Drug Program Resident Claims Housing Discrimination

Transgender woman, diagnosed with gender identify disorder (GID), was arrested for a drug offense and entered a plea agreement to participate in a residential drug treatment program as an alternative to prison. Resident entered Phoenix House in Brooklyn in December 2008. During her stay, the program director told resident that she couldn't wear a wig or high heels, couldn't use the women's bathroom facilities, and couldn't participate in a women's counseling group. She was also directed to sit on the men's side of the room at mixed-gender meetings. The director eventually told resident that she should transfer to a treatment program that could "meet her needs." Resident then left Phoenix House without permission and was resentenced to two-and-a-half years in prison.

Later, resident sued Phoenix House and its director, seeking damages for housing discrimination under the New York State and City Human Rights Laws based upon failure to make reasonable accommodations for her GID disability. Phoenix House and its director asked the court to dismiss resident's claims without a trial. The court refused. Resident stated valid claims for discrimination based on both disability and gender, and her lawsuit could proceed.

Wilson v. Phoenix: Index No. 25755/11, NYLJ No. 1202632164232 (Sup. Ct. Kings; 12/10/13; Silber, J)