Geneva, N.Y., Code of Ordinances ch. 158 § 158-10
Unfair inquiries or advertisements
Operative Text
It is an unfair real estate practice for any owner, real estate agent, salesperson or employee, real estate broker, or any other person, to: A. Require any information, make or keep any record, or use any form of application containing questions or inquiries concerning race, color, religion, national origin, age, sex, marital status, sexual orientation, familial status, or disability in connection with the sale, rental, lease or sublease of any real property, unless used solely: (1) For making reports required by agencies of the federal, state, or local government for the purposes of preventing and eliminating discrimination or of overcoming its effects or for other purposes authorized by federal, state, or local agencies or laws or rules adopted thereunder; (2) As to "marital status," for the purpose of determining applicability of community property law to the individual case; and (3) As to "age," for the purpose of determining that the applicant has attained the age of majority, or in the case of housing exclusively for older persons as described in § 158-13E , for the purpose of determining the eligibility of the applicant. B. Publish, circulate, issue or display or cause to be published, circulated, issued or displayed, any communication, notice, advertisement, or sign of any kind relating to the sale, rental, lease, sublease, assignment, transfer, or listing of real property which indicate any preference, limitation, or specification based on race, color, religion, national origin, age, sex, marital status, sexual orientation, familial status, or disability.
Section 158-10 of Geneva, N.Y., Code of Ordinances ch. 158 establishes that collecting, recording, or advertising based on protected characteristics — such as race, religion, sex, disability, or sexual orientation — in connection with housing transactions is classified as an unfair real estate practice. Narrow exceptions exist, such as gathering data required by government agencies for anti-discrimination reporting, confirming an applicant has reached the age of majority, or verifying eligibility for senior housing. The rule applies broadly to owners, brokers, agents, and anyone else involved in the sale, rental, lease, or sublease of real property.
Plain English — not legal advice.
Operators covered by § 158-10 of Geneva's ch. 158 generally avoid including questions about protected characteristics on rental applications and refrain from publishing any housing advertisement that signals a preference or limitation based on those characteristics. Compliant operators typically review application forms and marketing materials to ensure no such inquiries or signals appear, retaining only the narrow data categories the provision expressly permits — such as age-of-majority verification or government-mandated reporting. Keeping documentation of any permissible data collection and its stated purpose is a practice commonly associated with compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 158-10 of Geneva, N.Y., Code of Ordinances ch. 158, applicants for housing have a right not to be asked about protected characteristics such as race, religion, disability, or sexual orientation during the application process, and not to encounter advertisements that express preferences based on those traits. If a tenant or applicant believes a landlord, broker, or agent has violated this provision, one general path is to file a complaint with the relevant local or state civil rights or human rights body. Tenant-rights organizations in the Geneva area can help individuals understand what options may be available under this ordinance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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