Geneva, N.Y., Code of Ordinances ch. 158 § 158-23
Enforcement by private persons
Operative Text
A. Any person who claims to have been injured by an unfair real estate practice, or who believes that he or she will be injured by an unfair real estate practice that is about to occur, may commence a civil action in the appropriate court of jurisdiction not later than one year after the occurrence or the termination of an alleged unfair real estate practice, whichever occurs last, to obtain appropriate relief with respect to such unfair real estate practice. B. The computation of such one-year period shall not include any time during which an administrative proceeding under this chapter was pending with respect to a complaint or charge under this chapter alleging an unfair real estate practice based on the same facts or occurrences. C. A complaint may be filed under this section whether or not an administrative charge has been filed under § 158-17A , and without regard to the status of such charge, but if the Department or the U.S. Department of Housing and Urban Development has obtained a pre-finding or post-finding settlement or conciliation agreement with the consent of the charging party, no action may be filed under this section with respect to the alleged unfair real estate practice which forms the basis for such complaint, except for the purpose of enforcing the terms of such agreement. D. No civil action may be commenced under this section with respect to an alleged unfair real estate practice which forms the basis of a complaint if a hearing on the record has been commenced by the Fair Housing Board. E. In a civil action under this section, if the court finds that an unfair real estate practice has occurred or is about to occur, the court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be appropriate. The court may also award actual damages, including damages for humiliation and mental suffering, and any other appropriate remedy set forth in the Federal Fair Housing Amendments Act (P.L. 100-430). The court may also allow reasonable attorney's fees and costs to the prevailing party. F. Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of the filing of a charge or civil action under this chapter. G. Upon timely application, the City Attorney may intervene in such civil action, if the City Attorney certifies that the case is of general public importance, and may obtain such relief as would be available in an action brought under § 158-22 .
Geneva, N.Y., Code of Ordinances ch. 158 § 158-23 establishes a private right of action that allows individuals who have been harmed—or who believe they are about to be harmed—by an unfair real estate practice to file a civil lawsuit in court. The lawsuit must generally be brought within one year of the last occurrence or termination of the alleged practice, though time spent in an administrative proceeding under the same chapter pauses that clock. Courts finding a violation may award injunctive relief, actual damages (including for humiliation and mental suffering), attorney's fees, and other remedies consistent with the Federal Fair Housing Amendments Act.
Plain English — not legal advice.
Under Geneva, N.Y., Code of Ordinances ch. 158 § 158-23, property owners and managers face the possibility of civil litigation brought directly by individuals who allege an unfair real estate practice—separate from any administrative complaint process. Operators who maintain consistent, documented, non-discriminatory policies and practices across all transactions are generally better positioned to demonstrate compliance if a civil action is filed. Because courts can award damages, injunctive relief, and attorney's fees under this section, maintaining thorough records of all rental, sales, and leasing decisions is a standard practice among compliant operators.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Geneva, N.Y., Code of Ordinances ch. 158 § 158-23 gives individuals the right to go directly to court over an alleged unfair real estate practice without waiting for an administrative process to conclude, as long as no hearing before the Fair Housing Board has already begun on the same matter. The one-year filing window generally begins from the last occurrence or end of the alleged practice, and time spent in an administrative proceeding under this chapter does not count against that deadline. Individuals exploring this path may consider consulting a tenant-rights organization or legal aid provider to understand how the civil action option interacts with any administrative complaint already on file under § 158-17A.
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
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.