Levin v. Yeshiva University

In Levin v. Yeshiva University, 2001 Slip Op. 05943, 2001 WL 735762 (Ct. App. 2001), the Court of Appeals held that lesbian life partners had stated a cause of action for unlawful discrimination against a university that refused to grant their application for married student housing. The court held: "A claim of discrimination based on sexual orientation can be stated where a facially neutral policy or practice has a disparate impact on a protected group (N.Y.C. Admin. Code 8-107[17][a][1]-[2]). Under that section a claim is established where a plaintiff demonstrates that a defendant's policy or practice "results in a disparate impact to the detriment of any group protected" under the City Human Rights Law (Id.) Our inquiry at this stage concerns whether the complaint sufficiently pleads that [Yeshiva's] housing policy has such a disparate impact on the basis of sexual orientation."