Can a hotel refuse to accommodate me in New York?

What the Law Says

New York law strictly prohibits hotels from denying accommodations based on protected characteristics. The state’s Human Rights Law applies broadly to places of public accommodation, including hotels, motels, and inns.

Under New York Executive Law § 292(9), a 'place of public accommodation' includes 'any hotel, motel, inn... or other establishment which provides lodging to transient guests.' This means nearly all hotels in New York fall under this definition.

Executive Law § 296(2)(a) makes it unlawful to 'refuse, withhold from or deny to any person... any of the accommodations, advantages, facilities or privileges thereof' because of their race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, age, marital status, or disability.

The law also requires reasonable accommodations for people with disabilities — for example, accessible rooms or service animal access — unless doing so would cause an 'undue burden' or 'fundamental alteration' to operations.

Statutory Text

any hotel, motel, inn... or other establishment which provides lodging to transient guests

— N.Y. Exec. Law § 292(9) — Definition of 'place of public accommodation'

Statutory Text

refuse, withhold from or deny to any person... any of the accommodations, advantages, facilities or privileges thereof

— N.Y. Exec. Law § 296(2)(a) — Unlawful discriminatory practices

Sources