For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words so used in the present tense include the future, words in the masculine gender include the feminine, words in the plural number include the singular, and words in the singular include the plural.
Conciliation
means 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 entity with whom the complaint was filed.
Discriminatory housing practice
means an act that is unlawful under sections 55-2, 55-3 or 55-4 of this article.
Dwelling
means any building, structure, or portion thereof which is occupied as, or designed and intended for occupancy as a residence by one or more families, or 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
means one or more individuals (who have not attained the age of 18 years) being domiciled with a parent or another person having legal custody of such individual or individuals; or the designee of such parent or other person having such custody, with the written permission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
Family
includes a single individual.
Handicap
means, with respect to a person, a physical or mental impairment which substantially limits one or more of such person's major life activities; a record of having such an impairment; or being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802)).
Person
includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, fiduciaries, and any other organization or entity of whatever character.
To rent
includes to lease, to sublease, to let, and to otherwise grant for a consideration, the right to occupy premises not owned by the occupant.
(Ordinance 11-05-10, sec. 3, ex. A, adopted 5/3/11)
It shall be unlawful for any person to:
(1) 
Refuse to sell or rent, after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, gender, religion, national origin, familial status, or handicap;
(2) 
Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provisions of services or facilities in connection therewith, because of race, color, gender, religion, national origin, familial status, or handicap;
(3) 
Make, print, publish, or cause to be made, printed or published any notice, statement or advertisement regarding the sale or rental of a dwelling that indicated any preference, limitation or discrimination based on race, color, gender, religion, national origin, familial status or handicap, or an intention to make any such preference, limitation or discrimination;
(4) 
Represent to any person, because of race, color, gender, religion, national origin, familial status or handicap, that any dwelling is not available for inspection, sale or rental, when such dwelling is in fact so available;
(5) 
Refuse to receive or transmit a bona fide offer to sell, purchase, rent or lease any housing accommodation from or to a person because of race, color, gender, religion, national origin, familial status, or handicap;
(6) 
Offer, solicit, accept or use a listing of any housing accommodation for sale, purchase, rental or lease with the understanding that person may be subject to discrimination in connection therewith;
(7) 
Engage in, or hire to be done, or to conspire with others to commit acts or activities of any nature, the purpose of which is to coerce, cause panic, incite unrest or create or play upon fear, with the purpose of either discouraging or inducing, or attempting to induce, the sale, purchase, rental or lease, or the listing, of any housing accommodations;
(8) 
Retaliate or discriminate in any manner against a person because he has opposed a practice declared unlawful by this article, or because he has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding, hearing or conference under this article;
(9) 
Aid, abet, incite, compel or coerce any person to engage in any of the practices prohibited by this article, or to obstruct or prevent any person from complying with the provisions of this article;
(10) 
For profit, or with the hope or expectation of profit, induce or attempt to induce any person to sell or rent any dwelling by representations, regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, gender, religion, national origin, familial status or handicap; and
(11) 
For profit, or with the hope or expectation of profit, to influence or attempt to influence, by any words, acts, or failure to act, any seller, purchase, landlord, or tenant of a dwelling so as to promote the maintenance of racially segregated housing, or so as to retard, obstruct, or discourage racially integrated housing.
(Ordinance 11-05-10, sec. 3, ex. A, adopted 5/3/11)
It shall be unlawful for any bank, building and loan association, credit union, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part of the making or insuring of commercial or residential real estate loans, to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling; or to discriminate against any such person in the fixing of the amount, interest rate, brokerage points, duration, or other terms or conditions of such loan or other financial assistance, because of:
(1) 
The race, color, gender, religion, national origin, familial status, or handicap of such person or any person associated with him in connection with such loan or other financial assistance; or
(2) 
The race, color, gender, religion, national origin, familial status or handicap of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings for which such loan or other financial assistance is to be made or given.
(Ordinance 11-05-10, sec. 3, ex. A, adopted 5/3/11)
It shall be unlawful for any person to deny access to or membership or participation in any multiple-listing service, real estate broker's organization or other service organization or facility relating to the business of selling or renting dwellings, or to discriminate in terms or conditions of such access, membership or participation on account of race, color, gender, religion, national origin, familial status, or handicap.
(Ordinance 11-05-10, sec. 3, ex. A, adopted 5/3/11)
(a) 
There shall be exempted from the application of section 55-2 hereof, all transactions involving:
(1) 
The rental of units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other if the owner actually maintains and occupies one of such units as his residence;
(2) 
The rental of a single room in a dwelling containing living quarters occupied or intended to be occupied by no more than one family if the person offering such room for rental actually maintains and occupies the remainder of such dwelling as his residence and not more than four such rooms are offered;
(3) 
The sale or rental of any single house by a private individual who owns such house, provided that:
a. 
The sale or rental is made without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesman, or of such facilities or services of any person in the business of selling or renting dwellings or of any employee or agent of such broker, agent, salesman or person; and
b. 
The sale is made without the publication, posting or mailing of any advertisement or written notice in violation of this article (this shall not prohibit the use of attorneys, escrow agents, abstract, title companies, and other such professional assistance necessary to perfect or transfer the title); and
c. 
The owner does not own more than three single-family houses at the time of sale; and
d. 
The owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or any portion of the proceeds from the sale or rental of more than three such single-family homes at any time.
(4) 
The exemption granted by this section shall apply only with respect to one such sale within any 24-month period.
(b) 
Nothing in this article shall prohibit a religious organization, association, or society of any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious 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, gender, national origin, familial status or handicap.
(c) 
Nothing in this article shall prohibit a bona fide private club, not in fact open to the public, which as an incident to its primary purpose, provides lodging which it owns or operates for other than a commercial purpose from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
(d) 
Nothing in this article shall bar any person from owning and operating a housing accommodation in which a room or rooms are leased, subleased or rented only to persons of the same gender, when such housing accommodation contains a common lavatory, kitchen or similar facilities available for the use of all persons occupying such housing accommodation.
(e) 
Nothing in this article is intended to prohibit the provision of housing exclusively for persons age 55 or older. Nothing in this article is intended to limit the applicability of any other ordinance limiting the maximum number of persons permitted to occupy a dwelling.
(Ordinance 11-05-10, sec. 3, ex. A, adopted 5/3/11)
(a) 
The person who claims to have been injured by a discriminatory housing practice or who believes he will be irrevocably injured by a discriminatory housing practice that has occurred or is occurring, hereafter referred to as "person aggrieved," may file a complaint with the Texas Workforce Commission Civil Rights Division (TWCCRD) or the U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity (FHEO).
(b) 
The city shall provide information related the Fair Housing Act and how to file a complaint pursuant to the Fair Housing Act.
(Ordinance 11-05-10, sec. 3, ex. A, adopted 5/3/11)
This article is cumulative in its legal effect and is not in lieu of any and all other legal remedies which the person aggrieved may pursue.
(Ordinance 11-05-10, sec. 3, ex. A, adopted 5/3/11)
It shall be unlawful for any person to harass, threaten, harm, damage or otherwise penalize any individual, group or business because he or they have exercised his or their right under this article or enjoyed the benefits of this article or because he or they have made a charge, testified or assisted in any manner in any investigation, or in any proceeding hereunder, or have made any report pursuant to the Fair Housing Act.
(Ordinance 11-05-10, sec. 3, ex. A, adopted 5/3/11)
The city manager, or his designated representative, and the city attorney are authorized to cooperate with the secretary of housing and urban development and the U.S. Attorney General pursuant to the provisions of the Title VIII, Fair Housing Act of 1968, Public Law 90-284, and may render such service to the secretary as they shall deem appropriate to further the policies of the article.
(Ordinance 11-05-10, sec. 3, ex. A, adopted 5/3/11)