Geneva, N.Y., Code of Ordinances ch. 158 § 158-13
Exclusions
Operative Text
Nothing in this chapter shall: A. Apply to the renting, subrenting, leasing, or subleasing of a single-family dwelling, wherein the owner or person entitled to possession thereof maintains a permanent residence, home, or abode; B. Be interpreted to prohibit any person from making a choice among prospective purchasers or tenants of real property on the basis of factors other than race, color, religion, national origin, age, sex, marital status, sexual orientation, familial status, or disability where such factors are not designed, intended, or used to discriminate; C. Prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin; D. Prohibit any person from limiting the rental or occupancy of housing accommodations in any YWCA, YMCA, sorority, fraternity, school dormitory, or similar residential hall to persons of one sex; E. Prohibit any person from limiting the rental or occupancy of housing accommodations to persons who are elderly or handicapped in any housing facility designed, constructed or substantially rehabilitated and operated exclusively for older persons, as defined by the Federal Fair Housing Act, as amended, 42 U.S.C. § 3607 (b)(1) through (4) as of the effective date of the local law codified in this chapter, or for the handicapped; F. Require any person to rent or lease a housing accommodation to an unemancipated minor; G. Require any person to rent or lease a housing accommodation in violation of the New York State Uniform Fire Prevention and Building Code; H. Be construed to prohibit treating handicapped persons more favorably than nonhandicapped persons; I. Be construed to protect criminal conduct; J. Prohibit any person from limiting the rental or occupancy of housing accommodations on the basis of conduct by an occupant or prospective occupant which involves the use of force or violence or advocacy directed to producing or inciting imminent force or violence to the person or property of the owner, manager, or other person having the right to sell, rent, lease, assign, transfer or otherwise dispose of the real property occupied or sought to be occupied.
Section 158-13 of Geneva, N.Y., Code of Ordinances ch. 158 carves out specific situations where the chapter's fair-housing protections do not apply. These exclusions cover scenarios such as owner-occupied single-family homes, religiously affiliated housing, sex-segregated residential halls like YMCAs and dormitories, housing designed exclusively for elderly or disabled persons, and situations involving unemancipated minors or fire-code compliance. The provision also clarifies that the chapter does not shield criminal conduct or protect occupants who use or incite force or violence against property owners or managers.
Plain English — not legal advice.
Under § 158-13, property owners and managers in Geneva should be aware that certain categories of housing and certain tenant-selection criteria fall outside the chapter's general anti-discrimination requirements. For example, an owner who maintains a permanent residence in a single-family dwelling they rent, or a religious organization renting dwellings for non-commercial purposes to members of its faith, may operate under different rules than other landlords. Compliant operators in these exempt categories still document their eligibility for the applicable exclusion and ensure their practices do not rely on any basis—such as race, color, or national origin—that would void the exemption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 158-13 defines the boundaries of Geneva's fair-housing protections, meaning tenants in certain housing types—such as owner-occupied single-family homes or facilities exclusively serving elderly or disabled residents—may find that the chapter's protections do not apply to their situation. Tenants who believe a landlord is improperly claiming one of these exclusions to justify discriminatory treatment can document the circumstances and explore options such as contacting a local tenant-rights organization or filing a complaint with a relevant housing authority. Understanding which exclusions apply is an important first step, and consulting a tenant-rights resource familiar with ch. 158 can help clarify whether a particular exclusion legitimately covers a given housing arrangement.
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.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.