Geneva, N.Y., Code of Ordinances ch. 158 § 158-3
Definitions
Operative Text
Definitions as used in this chapter, unless additional meaning clearly appears from the context, shall have the meanings subscribed: AGGRIEVED PERSON A person who claims to have been injured by, or believes that he or she will be injured by, an unfair real estate practice. BOARD The Fair Housing Board. CHARGING PARTY The person aggrieved by an unfair practice, or the person making a charge on another person's behalf, or the Executive Director when the Executive Director files a charge. CITY The City of Geneva, New York. COMMISSION The Geneva Human Rights Commission. COMPLAINANT The person (including the Executive Director) who files a complaint under this statute. CONCILIATION The attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the Executive Director. CONCILIATION AGREEMENT A written agreement setting forth the resolution of the issues in conciliation. DIRECTOR The Executive Director of the Geneva Human Rights Commission. DISABILITY/HANDICAP A. A physical or mental impairment which substantially limits one or more of such person's major life activities; B. A record of having such an impairment or being regarded as having such an impairment. C. The term "disability" does not include current, illegal use of or addiction to a controlled substance as defined in Section 102 of the Controlled Substance Act (21 U.S.C.S., § 802). DISCRIMINATE Any conduct, whether by single act or as part of a practice, the effect of which is to adversely affect, or differentiate between or among, individuals or groups of individuals, because of race, color, religion, national origin, age, sex, marital status, sexual orientation, familial status, or disability. DWELLING Any building, structure, or portion thereof which is occupied as, or is designed or intended for occupancy as, a residence by one or more individuals or families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. FAMILIAL STATUS Being a parent, step-parent, adoptive parent, guardian, foster parent or custodian of a minor child or children under the age of 18 years, or the designee of a parent or other person having legal custody of a child or children under the age of 18 years, with the written permission of such parent or other person, which child or children shall reside permanently or temporarily with such parent or other person. In addition, familial status shall refer to any person who is pregnant or who is in the process of acquiring legal custody of any person who has not yet attained the age of 18 years. HOUSING ACCOMMODATIONS Includes any dwelling, rooming unit, rooming house, lot or parcel of land in the City which is used, intended to be used, or arranged or designed to be used as, or improved with, a residential structure for one or more human beings. LENDER Includes any bank, insurance company, savings or building and loan association, credit union, trust company, mortgage company, or other person or agent thereof, engaged wholly or partly in the business of lending money for the financing or acquisition, construction, repair or maintenance of real property. MARITAL STATUS The presence or absence of a marital relationship and includes the status of married, separated, divorced, engaged, widowed, single or cohabitating. OCCUPANT Includes any person who has established residence or has the right to occupancy of real property. OWNER Includes persons who own, lease, sublease, rent, operate, manage, have charge of, control or have the right of ownership, possession, management, charge, or control of real property on their own behalf or on behalf of another. PARTY Includes the person charging or making a charge or complaint or upon whose behalf a complaint is made alleging an unfair practice, the person alleged or found to have committed an unfair practice, and the Executive Director of the Geneva Human Rights Commission. PERSON Includes one or more individuals, partnerships, organizations, trade or professional associations, corporations, legal representatives, trustees, trustees in bankruptcy and receivers. It includes any owner, lessee, proprietor, manager, agent or employee, whether one or more natural persons. PREVAILING PARTY Has the same meaning as such term has in Section 722 of the Revised Statutes of the United States (42 U.S.C. § 1988 ). PROSPECTIVE BORROWER Includes any person who seeks to borrow money to finance the acquisition, construction, repair, or maintenance of real property. PROSPECTIVE OCCUPANT Includes any person who seeks to purchase, lease, sublease or rent real property. REAL ESTATE AGENT, SALESPERSON OR EMPLOYEE Includes any person employed by, associated with or acting for a real estate broker to perform or assist in the performance of any or all of the functions of a real estate broker. REAL ESTATE BROKER Includes any person who, for a fee, commission, or other valuable consideration, lists for sale, sells, purchases, exchanges, leases or subleases, rents, or negotiates or offers or attempts to negotiate the sale, purchase, exchange, lease, sublease or rental of real property of another, or holds himself/herself out as engaged in the business of selling, purchasing, exchanging, listing, leasing, subleasing, or renting real property of another, or collects the rental for use of real property of another. REAL-ESTATE-RELATED TRANSACTION Any of the following: A. The making or purchasing of loans or providing other financial assistance: (1) For purchasing, constructing, improving, repairing, or maintaining real property, or (2) Secured by real property; or B. The selling, brokering, or appraising of real property. REAL PROPERTY Includes housing accommodations, buildings, structures, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein. RESPONDENT Any person who is alleged to have committed an unfair practice prohibited by this chapter. ROOMING UNIT Includes one or more rooms within a dwelling or rooming house containing space for living and sleeping. SEXUAL ORIENTATION Actual or perceived male or female heterosexuality, bisexuality, or homosexuality, and includes a person's attitudes, preferences, beliefs and practices pertaining thereto. TO RENT Includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
Section 158-3 of Geneva, N.Y., Code of Ordinances ch. 158 establishes the shared vocabulary for the city's fair housing chapter, defining who qualifies as an aggrieved person, what counts as a dwelling or housing accommodation, and which characteristics—such as race, religion, disability, familial status, and sexual orientation—are protected from discriminatory conduct. The definitions also identify the key institutional actors, including the Geneva Human Rights Commission, its Executive Director, and the Fair Housing Board, that administer and enforce the chapter. Because these terms govern how every other provision in ch. 158 is interpreted, their scope shapes the reach of the city's fair housing protections.
Plain English — not legal advice.
Property owners, managers, and real estate professionals operating in Geneva should be aware that § 158-3 defines 'owner' and 'real estate broker' broadly, capturing anyone who manages, controls, or negotiates real property transactions on another's behalf—not just titleholders. The definition of 'discriminate' in § 158-3 covers both isolated acts and patterns of conduct that adversely affect individuals on the basis of any protected characteristic, meaning compliance requires attention to the cumulative effect of policies and practices, not just individual decisions. Operators who understand these foundational definitions are better positioned to align their leasing, lending, and management practices with the full scope of ch. 158.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 158-3 defines 'aggrieved person' to include anyone who believes they have been or will be harmed by an unfair real estate practice, which means tenants, prospective renters, and even those seeking financing may have standing under ch. 158. The provision's broad definition of 'discriminate' encompasses conduct based on characteristics including disability, familial status, marital status, and sexual orientation, among others. Tenants who believe they have experienced such treatment may consider contacting the Geneva Human Rights Commission—identified in § 158-3 as a central enforcement body—or reaching out to a local tenant-rights organization to understand available options.
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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