LGBTQ+ Rights

Are you an LGBTQ+ New Yorker facing discrimination, eviction, or issues accessing health care, immigration relief, housing or other public benefits? Are you living with HIV/AIDs and experiencing discrimination?

Legal Services NYC provides FREE legal assistance to the LGBTQ+ community and people living with HIV and AIDS in a wide range of areas. With one of the oldest and largest LGBTQ+/HIV legal practices in the city, our priority is to advocate for LGBTQ+ people facing the most significant barriers to stability and life-saving services and benefits.

For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.

* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.

Frequently Asked Questions

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How do I file for asylum? 

Asylum provides a way for people to remain in the U.S. with legal immigration status. It is for people who have been mistreated in the past, and/or fear mistreatment in the future, in their home country because of their political beliefs, their race, their religion, their nationality, or because they are a member of a vulnerable group of people  – a “particular social group.” A particular social group can be a group based on a characteristic someone can’t change about themselves, such as being LGBTQ+, being a woman, an indigenous person , and more.

In order to apply for asylum, the applicant needs to show that they have been harmed in their country, or, if they have not suffered harm yet, that they have a fear of future harm and it is reasonable to have that fear of future harm. You also need to show that your government cannot or is not willing to protect you from that harm. 

Learn more here.

How do I legally change my name in New York City? 

You have a right to a legal name change if you are a New York City resident over 18 years old by filing a petition with the court. If you are under 18, your parent or legal guardian will need to file the petition with the court (along with your consent, if you are between ages 14-17).  If you are seeking to change your name because of marriage, divorce, adoption, or citizenship, you do not need to file a petition with the court. The process to change your name in New York City is outlined here.

If you identify as LGTBQ and are seeking a legal name change or help updating your name or gender markers on identity documents, LSNYC can assist you. For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. or sign up for an Legal Services NYC Name Change and ID Update Clinic here.

How can I update my name and gender marker on my identity documents? 

You have a right to a legal name change if you are a New York City resident. The process to change your name is outlined here. Once you receive an order from the court changing your name, you can present the orders to the issuing agencies for your identity documents.

You have the right to update your gender marker on New York City, New York State, and federally issued identity documents without any proof of medical treatments. These documents include New York State non-driver IDs and driver’s licenses, NYC ID cards, birth certificates issued by New York City or New York State, social security cards and records, and US issued passports. Please note that some but not all of these documents will allow you to designate an X gender marker. 

If you want to update identity documents issued in other states, please check here to learn about the process(es) to update your gender marker and name.

I’m LGBTQ+ and experiencing discrimination. What should I do? 

If you identify as LGBTQ+, your rights are protected by New York City, New York State, and the United States’ human rights and civil rights laws. Where you live, work, attend school, and participate in public life (like going to a restaurant or a hair salon), you have a right to be yourself, have your name and pronouns respected, use the single-gender facilities (like restrooms and locker rooms) that align most closely with your gender, and generally be treated the same as anyone who is not part of the LGBTQ+ community. 

• Learn more about common forms of LGBTI+ discrimination here.
• Learn about your LGBTQI+ rights in NYC shelter system here..
• Learn more about your LGBTQI+ rights in the workplace here.

If you want to learn more or have questions about your situation, please call our hotline above for more information. At Legal Services NYC, our services are always free and any information you share with us will be kept confidential.  

Can I force a landlord to accept my HASA voucher?

If you hold a HASA voucher, local, state, and federal laws legally guarantee your right to fair housing. Knowing your rights and how to enforce them will help ensure you receive the support you deserve. Landlords must treat your voucher as a valid form of payment. They cannot refuse to accept vouchers as rent payments. However, sometimes, landlords will try to get around this requirement by using subtle methods to discriminate. Keep an eye out for the discriminatory practices including certain financial requirements, like high income-to-rent ratios,credit scores or history, and coded language such as “working professionals.” 

Learn more here.

How can I stop an eviction?

If you received a “notice of petition – non-payment” or “notice of petition – holdover” from your landlord, that means your landlord has initiated legal proceedings to evict you from your apartment. You must answer the petition in person at the Housing Court Clerk’s office. The Clerk will then provide you with a court date. You should try to find a lawyer to help you during this time. If you meet eligibility requirements, you may be assigned a free housing attorney through NYC’s Right to Counsel program in housing court, which Legal Services NYC staffs on certain days. If not, there are many pro se resources available to help tenants navigate the process without legal representation. There are also many eviction defenses and ways to stay in your apartment, so don’t lose hope. Also, only a marshal or sheriff can evict you and your landlord must bring you to court and get a judgment first.

Learn more here.

Are you living with HIV/AIDs and experiencing discrimination?

People Living with HIV/AIDS (PLWHA) often experience discrimination and other barriers as a result of their HIV status. That includes fighting for equitable, safe access to healthcare, public benefits, and affordable housing. Legal Services NYC helps clients access the resources they are entitled to while fighting HIV stigma and discrimination. We offer advice and direct legal representation in a wide-range of civil legal areas, including: HASA and other public benefits, housing, health & access to medical care, discrimination confidentiality, and life planning. If you are experiencing discrimination because of your status, calls us at the number above.