The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any building, structure, or part of a building or structure
that is occupied as, or designed or intended for occupancy as, a residency
by one (1) or more families; or
Any vacant land that is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure described by subsection (1) above.
A single individual.
A mental or physical impairment that substantially limits
at least one (1) major life activity, a record of such an impairment,
or being regarded as having such an impairment. The term does not
include current illegal use of or addiction to any drug or illegal
or federally controlled substance. In this article, a reference to “an
individual with a handicap” or to “handicap” does
not apply to an individual because of that individual’s sexual
orientation or because that individual is a transvestite.
Includes to lease, to sublease, to let and otherwise to grant
for a consideration the right to occupy premises not owned by the
occupant.
(1991 Code, sec. 15-31)
In this article, a discriminatory act is committed because of
familial status if the act is committed because the person who is
the subject of discrimination is:
(1)
Pregnant;
(3)
In
the process of obtaining legal custody of an individual younger than
eighteen (18) years of age.
(1991 Code, sec. 15-32)
(a)
Subject to subsection (b) of this section, this article does not apply to:
(1)
The sale or rental of a single-family house sold or rented by an
owner if:
(A)
The owner does not:
(i)
Own more than three (3) single-family houses at any one (1)
time; or
(ii)
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
any part of the proceeds from the sale or rental of more than three
(3) single-family houses at any one (1) time; and
(B)
The house was sold or rented without:
(i)
The use of the sales or rental facilities or services of a real
estate broker, agent, or salesman licensed under the Real Estate License
Act (V.T.C.A., Occupations Code ch. 1101), or of an employee or agent
of a licensed broker, agent or salesman, or the facilities or services
of the owner of a dwelling designed or intended for occupancy by five
(5) or more families; or
(2)
The sale or rental of rooms or units in a dwelling containing living
quarters occupied or intended to be occupied by no more than four
(4) families living independently of each other if the owner maintains
and occupies one (1) of the living quarters as the owner and residence.
(1991 Code, sec. 15-33)
(a)
This
article does not prohibit a religious organization, association or
society, or a nonprofit institution or organization operated, supervised
or controlled by or in conjunction with a religious organization,
association or society, from:
(b)
This
article does not prohibit a private club not open to the public that,
as an incident to its primary purpose, provides lodging that it owns
or operates for other than a commercial purpose from limiting the
rental or occupancy of that lodging to its members or from giving
preference to its members.
(1991 Code, sec. 15-34)
(a)
The
provisions of this article relating to familial status do not apply
to housing for older persons.
(b)
In
this section, “housing for older persons” means housing:
(1)
That the commission determines is specifically designed and operated
to assist elderly persons under a federal or state program;
(2)
Intended for, and solely occupied by, persons sixty-two (62) years
of age or older; or
(3)
Intended and operated for occupancy by at least one (1) person fifty-five
(55) years of age or older per unit as determined by commission rules.
(1991 Code, sec. 15-35)
This article does not prohibit a person engaged in the business
of furnishing appraisals of real property from taking into consideration
factors other than race, color, religion, sex, handicap, familial
status or national origin.
(1991 Code, sec. 15-36)
(a)
This
article does not affect a reasonable local or state restriction on
the maximum number of occupants permitted to occupy a dwelling or
restriction relating to health or safety standards.
(b)
This
article does not affect a requirement of nondiscrimination in any
other state or federal law.
(1991 Code, sec. 15-37)
(a)
A
person may not refuse to sell or to rent after the making of a bona
fide offer, refuse to negotiate for the sale or rental of, or otherwise
make unavailable or deny a dwelling to any person because of race,
color, religion, sex, familial status or national origin.
(b)
A
person may not discriminate against any person in the terms, conditions,
or privileges of sale or rental of a dwelling, or in providing services
or facilities in connection with the sale or rental, because of race,
color, religion, sex, familial status or national origin.
(c)
This
section does not prohibit discrimination against a person because
the person has been convicted under federal law or the law of any
state of the illegal manufacture or distribution of a controlled substance.
(1991 Code, sec. 15-38)
A person may not make, print, or publish or cause to be made,
printed or published any notice, statement or advertisement with respect
to the sale or rental of a dwelling that indicates any preference,
limitation or discrimination based on race, color, religion, sex,
handicap, familial status or national origin, or an intention to make
such a preference, limitation or discrimination.
(1991 Code, sec. 15-39)
A person may not represent to any person because of race, color,
religion, sex, handicap, familial status or national origin that a
dwelling is not available for inspection for sale or rental when the
dwelling is available for inspection.
(1991 Code, sec. 15-40)
A person may not, for profit, induce or attempt to induce a
person to sell or rent a dwelling by representations regarding the
entry or prospective entry into a neighborhood of a person of a particular
race, color, religion, sex, handicap, familial status or national
origin.
(1991 Code, sec. 15-41)
(a)
A
person may not discriminate in the sale or rental or otherwise make
unavailable or deny a dwelling to any buyer or renter because of a
handicap of:
(b)
A
person may not discriminate against any person in the terms, conditions
or privileges of sale or rental of a dwelling or in the provision
of services or facilities in connection with the dwelling because
of a handicap of:
(c)
For
purposes of this section only, discrimination includes:
(1)
A refusal to permit, at the expense of the handicapped person, reasonable
modifications of existing premises occupied or to be occupied by the
person if the modifications may be necessary to afford the person
full enjoyment of the premises;
(2)
A refusal to make reasonable accommodations in rules, policies, practices
or services, when the accommodations may be necessary to afford the
person equal opportunity to use and enjoy a dwelling; or
(3)
In connection with the design and construction of covered multifamily
dwellings for first occupancy after the date that is thirty (30) months
after the date of enactment of the federal Fair Housing Amendments
Act of 1988 (Public Law 100-430), a failure to design and construct
those dwellings in a manner that:
(A)
The public use and common use portions of the dwellings are readily
accessible to and usable by handicapped persons;
(B)
All the doors designed to allow passage into and within all premises
within the dwellings are sufficiently wide to allow passage by handicapped
persons in wheelchairs; and
(C)
All premises within the dwellings contain the following features
of adaptive design:
(i)
An accessible route into and through the dwelling;
(ii)
Light switches, electrical outlets, thermostats and other environmental
controls in accessible locations;
(iii)
Reinforcements in bathroom walls to allow later installation
of grab bars; and
(iv)
Usable kitchens and bathrooms so that an individual in a wheelchair
can maneuver about the space.
(d)
Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people, commonly cited as “ANSI A 117.1,” suffices to satisfy the requirements of subsection (c)(3)(C) of this section.
(f)
Nothing
in this section requires that a dwelling be made available to an individual
whose tenancy would constitute a direct threat to the health or safety
of other individuals or whose tenancy would result in substantial
physical damage to the property of others.
(1991 Code, sec. 15-42)
(a)
A
person whose business includes engaging in residential real estate
related transactions may not discriminate against a person in making
a real estate related transaction available or in the terms or conditions
of a real estate related transaction because of race, color, religion,
sex, handicap, familial status or national origin.
(b)
In
this section, “residential real estate related transaction”
means:
(1991 Code, sec. 15-43)
A person may not deny any person access to, or membership or
participation in, a multiple-listing service, real estate brokers’
organization or other service, organization, or facility relating
to the business of selling or renting dwellings, or discriminate against
a person in the terms or conditions of access, membership or participation
in such an organization, service, or facility because of race, color,
religion, sex, handicap, familial status or national origin.
(1991 Code, sec. 15-44)
The city council shall appoint a fair housing administrator
(hereinafter referred to as “administrator”), who shall
have the responsibility for implementing this article. The administrator
may delegate his authority to investigate and conciliate complaints
to other city employees under his direction.
(1991 Code, sec. 15-45)
(a)
Filing by person aggrieved; form.
Only 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 (hereinafter referred to
as “person aggrieved”) may file a complaint with the administrator.
Such complaints shall be in writing and shall identify the person
alleged to have committed or alleged to be committing a discriminatory
housing practice and shall state the facts upon which the allegations
of a discriminatory housing practice are based. The administrator
shall prepare complaint forms and furnish them without charge to any
person, upon request.
(b)
Filing by administrator.
If at any time the administrator
shall receive or discover credible evidence and shall have probable
cause to believe that any person or persons have committed or are
committing a discriminatory housing practice as to which no complaint
has been filed, the administrator may prepare and file a complaint
upon his own motion and in his own name and such complaint shall thereafter
be treated in the same manner as a complaint filed by a person aggrieved.
(c)
Referral of complaints from federal sources.
The administrator shall receive and accept notification and referral complaints from the U.S. Attorney General and the Secretary of Housing and Urban Development pursuant to the provisions of title VIII, Fair Housing Act of 1968, Public Law 90-284, and shall treat such complaints hereunder in the same manner as complaints filed pursuant to subsection (a) above.
(d)
Time limit for filing; notice of filing.
All complaints
shall be filed within sixty (60) days following the occurrence of
an alleged discriminatory housing practice. Upon the filing or referral
of any complaint, the administrator shall provide notice of the complaint
by furnishing a copy of such complaint to the person or persons named
therein who allegedly committed or were threatening to commit an alleged
discriminatory housing practice. The accused may file an answer to
the complaint within fifteen (15) days of receipt of the written complaint.
(e)
Complaints to be sworn.
All complaints and answers shall
be subscribed and sworn to before an officer authorized to administer
oaths.
(1991 Code, sec. 15-46)
(a)
Administrator to investigate.
Upon the filing or referral
of a complaint as herein provided, the administrator shall cause to
be made a prompt and full investigation of the matter stated in the
complaint.
(b)
Attempt to conciliate.
During or after the investigation,
but subsequent to the mailing of the notice of complaint, the administrator
shall, if it appears that a discriminatory housing practice has occurred
or is threatening to occur, attempt by informal endeavors to effect
conciliation, including voluntary discontinuance of the discriminatory
housing practice and adequate assurance of future voluntary compliance
with the provisions of this article. Nothing said or done in the course
of such informal endeavors may be made public by the administrator,
by the complainant or by any other party to the proceedings without
the written consent of all persons concerned.
(c)
Transfer of file to city attorney for prosecution.
Upon
completion of the investigation and informal endeavors at conciliation
by the administrator, but within thirty (30) days of the filing of
the complaint with the administrator, if the efforts of the administrator
to secure voluntary compliance have been unsuccessful, and if the
administrator has made a determination that a discriminatory housing
practice has in fact occurred, the administrator shall recommend to
the city attorney that such violation be prosecuted in the municipal
court of the city. With such recommendation, the administrator shall
refer his entire file to the city attorney. The city attorney shall,
within thirty (30) days after such referral, make a determination
as to whether to proceed with prosecution of such complaint in municipal
court. If the city attorney determines to prosecute, he shall institute
a complaint and prosecute same to conclusion within thirty (30) days
after such determination, or as soon thereafter as practicable.
(1991 Code, sec. 15-47)
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.
(1991 Code, sec. 15-48)
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 complied with the provisions of this article, because
he or they have exercised his or their rights 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 to the administrator.
(1991 Code, sec. 15-49)
The administrator 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 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 this article.
(1991 Code, sec. 15-50)
In order to further the objectives of this article, the administrator
may conduct educational and public information programs.
(1991 Code, sec. 15-51)
(a)
Any person violating any provision of this article shall be punished as provided in section 1.01.009. Each day a violation continues after passage of seventy-five (75) days from date of the filing of the initial complaint with the administrator shall constitute a separate and distinct offense.
(b)
Any
person violating any provision of this article may be enjoined by
a suit filed by the city in a court of competent jurisdiction, and
this remedy is in addition to any other penalty provision.
(1991 Code, sec. 15-52)
