Rent-regulated tenants living in an apartment building on Manhattan’s Upper West Side have complained that its policy of only allowing market-rate tenants — who pay higher rents — to use the on-premises gym. The practice of keeping out those rent-stabilized tenants, who are mostly over 65, may constitute age discrimination, according to New York City Commission on Human Rights.

A noticed filed by the commission yesterday says there’s enough evidence of discriminatory actions to merit a hearing on the complex’s gym rule, reports CBS New York. Market-rate tenants in the building tend to be younger, the complaint says.

A 75-year-old rent-regulated tenant says in her complaint that she found out the gym would only be, in her words, “for the market-rate tenants, period,” after a sign was allegedly posted on the gym door ordering users not to hold the door for others.

“You don’t get to make me a second-class citizen in my own home — just not going to happen,” said the woman, who’s been living in the building for more than 40 years. Her complaint is supported by Public Advocate Letitia James and other officials.

She says she hopes that now the landlord will open up the gym to any paying tenant — heck, just because she’s older doesn’t mean she doesn’t want to work out.

“I’m looking forward to Zumba classes,” she says.

Upper West Side Apt Building’s Policy Barring Low-Paying Tenants From Using Gym May Be Discriminatory [CBS New York]

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