Geneva, N.Y., Code of Ordinances ch. 158 § 158-22
Election of civil action in cases of unfair real estate practices
Operative Text
A. Following the issuance of a finding of unsuccessful conciliation, any charging party on whose behalf the reasonable cause finding was made, or a respondent, may, with respect to an unfair real estate practice, elect to have the claims on which reasonable cause was found decided in a civil action under this section in lieu of an administrative hearing under §§ 158-18 and 158-19 . This election must be made not later than 20 days after issuance of the finding of unsuccessful conciliation. The person making such election shall give notice of doing so to the Director and to all other charging parties and respondents to whom the charge relates. B. If an election is made under Subsection A of this section, the City Attorney shall commence, within 30 days after the election is made, a civil action in the appropriate court to decide on the claim. C. Any aggrieved person may intervene as of right in the civil action. D. 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 any relief, including but not limited to actual damages, injunctive or equitable relief, and any other appropriate remedy set forth in the Federal Fair Housing Amendments Act (P.L. 100-430). The court may also assess a civil penalty as set forth in § 158-20 . If monetary relief is sought for the benefit of a person who could have intervened under Subsection C of this section, but who did not intervene in the civil action, the court shall not award such relief if that person has not complied with discovery orders entered by the court. E. In any proceeding under this section, the court may award attorney fees and costs to the prevailing party. Attorney fees and costs may be assessed against a person who intervenes by filing a notice of independent appearance in the civil action only to the extent that the intervening participation was frivolous or vexatious, or was for the purpose of harassment.
Geneva, N.Y., Code of Ordinances ch. 158 § 158-22 establishes a process by which parties involved in an unfair real estate practice complaint may choose a civil court action instead of an administrative hearing after conciliation has failed. Either the charging party or the respondent has 20 days from the issuance of the unsuccessful conciliation finding to make this election, after which the City Attorney has 30 days to file suit. A court finding an unfair real estate practice has occurred or is imminent may award actual damages, injunctive relief, civil penalties as referenced in § 158-20, and attorney fees and costs to the prevailing party.
Plain English — not legal advice.
Under Geneva, N.Y., Code of Ordinances ch. 158 § 158-22, a respondent in an unfair real estate practice proceeding has the right to elect civil court adjudication rather than an administrative hearing, but must do so within 20 days of the unsuccessful conciliation finding and must notify the Director and all other parties. Operators who receive such a finding generally document all communications and procedural deadlines carefully, as the civil action pathway carries potential exposure to actual damages, civil penalties under § 158-20, and attorney fees if the court rules against them. Maintaining thorough records of all fair housing compliance efforts is a practice commonly associated with operators who navigate these proceedings.
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 § 158-22 gives aggrieved persons the right to intervene in a civil action brought under this provision, and a court that finds an unfair real estate practice has occurred may award actual damages, injunctive relief, and civil penalties as outlined in § 158-20. Tenants or other charging parties who believe they have experienced an unfair real estate practice may wish to be aware that the 20-day election window is strictly defined, and that participation in discovery is required for a non-intervening person to receive monetary relief. Tenant-rights organizations and legal aid resources in the Geneva area can help individuals understand the procedural options available under § 158-22.
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 In
Rules and statutes that cite this regulation