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My Building Is Offering Covid Tests, but Not for Young Children. Is That Legal?

The board is required to treat all shareholders equally, and denying one group access to the tests probably violates New York State’s business corporation law. The policy might also violate the city’s human rights law, which prohibits age discrimination, according to Steven R. Wagner, a Manhattan real estate litigator at the Manhattan law firm Adam Leitman Bailey.

As a practical matter, your building’s distribution method doesn’t make the best use of the tests. “What if you have a teenage kid who’s away at college?” Mr. Wagner said, while in another apartment, “you have two toddlers who may have Covid and can’t get the test?”

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