Novel issues involving cooperative housing and condominium law continue to make their way through New York courts. Last year, in a case brought by a co-op owner, a court questioned the broad decision-making authority of co-op boards with regard to rejecting apartment transfers when confronted with an age discrimination claim.[1]� When one thinks of discrimination claims in the co-op/condominium context, the familiar claims of racial, religious, gender and ethnic discrimination come to mind. However, age discrimination can be just as invidious. Age discrimination can exist when an apartment transfer is rejected because a family has young children or the proposed transferee is elderly. In fact, this 2001 decision suggests that boards, which even consider that prospective purchasers may have children, are acting discriminatorily.
This column addresses this decision and discusses co-op decision-making authority regarding transfers in the realm of age discrimination.
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