Co-Op’s Refusal to Transfer Shares to Romantic Partner is NOT Housing Discrimination
Maryanne McCabe lived with her long-time romantic partner, David Burrows, in a New York City cooperative building. Upon Burrows’ death, he bequeathed his unit to McCabe. She sought to acquire his lease and shares under a lease provision allowing automatic transfer to a shareholder's “spouse.” McCabe did not provide a marriage license or evidence demonstrating that she was a family member, the Board of the Co-Op invited her to apply in the same manner as a prospective purchaser. When McCabe submitted the application, the Board rejected her application, she then brought an Article 78 Proceeding contending that the Board’s refusal to transfer the shares violated New York City Human Rights Law’s prohibition on discrimination based on marital status. In affirming, the Court of Appeals majority emphasized that a plain reading of the term is that marital status reflects the legal condition of being single, married, legally separated, divorced or widowed.1
Photo Credit: “This co-op in the Bronx was the site of a legal battle over the transfer of shares.” HABITAT. Co-op Board’s Refusal to Transfer Shares to Unmarried Partner is Upheld. The Carol Group, Ltd. (February 25, 2025) accessed June 3, 2025, https://www.habitatmag.com/Publication-Content/Legal-Financial/2025/February-2025/co-op-shareholder-transfer-discrimination
1 Matter of McCabe v 511 W. 232nd Owners Corp., ___NY3d___, 2024 NY Slip Op 06290 [2024]
Tags: Article 78 Proceeding, co-ops, cooperative building, discrimination, marriage, New York City Human Rights Law, romantic partner