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Is there a statute of law that allows the hotels to restrict their services to people under a certain age?

New York, NY |

If yes, what is the statute?

If no, what could be some examples of claims and damages in the event of a hotel refusing someone under a certain age?

Attorney Answers 4

Posted

It is possible that this could fall under a breach of New York's housing discrimination laws, but I would not take the case.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction.

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Posted

What state? country? what age?

Gold, Benes, LLP offers free telephone consultations between 10 and 4 weekdays.

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6 comments

Asker

Posted

New York, 16

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

16 year olds are not legally allowed to contract in NY so there would be not be discriminatory to deny them access to a hotel room.

Asker

Posted

Aren't they allowed to contract for necessaries, such as food and SHELTER? Since I do not live in New York, it was a necessity to contract for a hotel room.

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

A minor "can" contract for essential services. That doesn't mean the property owner has to enter into a contract that it knows is voidable, and potentially problematic on a number of levels. It makes for an interesting theoretical argument, but I have zero doubt that at the end of the day, the hotel operator that refused to contract with a 16 year old is found to have no liability.

Asker

Posted

So that would mean that a minor could eat at a restaurant, get the bill and say that he voids the contract? That is why I insist that some necessary contracts may be enforceable.

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

Under those circumstances the restaurant that opted to do business with the minor child, would argue that it was a necessity, and they could enforce. It is not an issue as to whether the contract is enforceable, the question is whether you can force a party to enter into a contract that it knows can be repudiated, and require litigation.

Posted

Your post is unclear and incomplete. What "services were refused" ; how old is the "underaged person"; was that person seeking "services on his/her own, or with a parent , etc. The "damages" are what the underaged person is claiming to have suffered due to the "refusal" - which is not indicated in your post. Furthermore, it is generally required by law that a Minor (anyone under the age of 18, in most states) must commence and/or appear in a legal action through a Legal Guardian (typically a parent)- as a Minor is considered legally incompetent to commence an action on his/her own. Is a parent on board with your pursuit of legal action - especially since such suits can be expensive to litigate and somebody has to be responsible for the attorney's fees and other litigation expenses.
An alternative and much cheaper approach is to not give business to that hotel/motel ever again, and move onto more important things in life.

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Posted

In general, age discrimination may be unlawful, including refusing to do business with someone based on age. But more information is needed to address your specific concern (if any).

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