Geneva, N.Y., Code of Ordinances ch. 158 § 158-18
Administrative procedure: complaint and hearing
Operative Text
A. Following submission of the investigatory file to the Board, the Director shall prepare a complaint against such respondent relating to the charge and facts discovered during the investigation thereof and prosecute the same in the name and on behalf of the Commission and the City at a hearing therefor before the Board sitting alone or with a Hearing Examiner as provided in this chapter and to appear for and represent the interests of the Commission and the City at all subsequent proceedings. B. The complaint shall be served on the respondent, in the usual manner provided by law for service of complaints and filed with the Board. A copy of such complaint shall be furnished the charging party. C. Within 20 days of the service of such complaint upon it, the respondent shall file its answer with the Board and serve a copy of the same on the Director. D. Upon the filing of the complaint, the Board shall promptly establish a date for the hearing of such complaint and give notice thereof to the Director, the City Attorney, the complainant, and respondent, and shall thereafter hold a public hearing on the complaint, which hearing shall commence no earlier than 90 days nor later than 120 days from the filing of the complaint, unless otherwise ordered by the Board. E. After the filing of a complaint with the Board, it may be amended only with the permission of the Board, which permission shall be granted when justice will be served thereby and all parties are allowed time to prepare their case with respect to additional or expanded charges which they did not and could not have reasonably foreseen would be in issue at the hearing. F. The hearing shall be conducted by the Board and/or a hearing examiner appointed by the Board from a list approved by the Commission, sitting alone or with the Board. Such hearings shall be conducted in accordance with written rules and procedures consistent with this chapter. G. If a Hearing Examiner is appointed, it shall be done within 30 days after notice of the date of hearing from the Board. H. Rights of parties. At a hearing under this chapter, each party may appear in person, be represented by counsel, present evidence, cross-examine witnesses, and obtain the issuance of subpoenas. Any aggrieved person may intervene as a party in the proceeding. The Federal Rules of Evidence shall apply to the presentation of evidence in such hearing as they would in a civil action in a U.S. District Court. I. A court reporting stenographer shall be present at all hearings. J. A hearing under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the need of all parties to obtain a fair hearing and complete record. K. Resolution of charge. Any resolution of a charge before a final order under this section shall require the consent of the aggrieved person on whose behalf the charge is issued.
Section 158-18 of Geneva, N.Y., Code of Ordinances ch. 158 establishes the formal administrative process for adjudicating discrimination or housing complaints before the Board. Once an investigatory file is submitted, the Director prepares and prosecutes a formal complaint, the respondent has 20 days to answer, and a public hearing must be scheduled between 90 and 120 days after the complaint is filed. All parties—including any aggrieved person who intervenes—have the right to appear, present evidence, cross-examine witnesses, and be represented by counsel, with the Federal Rules of Evidence governing the proceedings. No charge may be resolved before a final order without the consent of the aggrieved person on whose behalf it was brought.
Plain English — not legal advice.
Under § 158-18, a respondent named in a complaint has 20 days from service to file a written answer with the Board and serve a copy on the Director. Operators facing a complaint generally retain counsel promptly, prepare to participate in a public hearing scheduled within the 90-to-120-day window, and monitor any requests to amend the complaint, which require Board permission. Because the Federal Rules of Evidence apply and a court reporter is present, maintaining organized records and documentation is a standard practice for respondents in these proceedings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 158-18 gives aggrieved persons meaningful participation rights throughout the hearing process, including the ability to intervene as a party, present evidence, and cross-examine witnesses. Importantly, under subsection K, no resolution of a charge before a final order can occur without the consent of the aggrieved person on whose behalf the charge was filed, giving that person a direct say in any settlement. Tenants who believe their rights are at stake may wish to consult a tenant-rights organization or legal aid provider to understand how to exercise these procedural rights before and during a § 158-18 hearing.
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
Rules and statutes that cite this regulation