For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, 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 number include
the plural.
Dwelling.
Any building, structure or portion thereof which is occupied
as, or designed and intended for occupancy as a residence by one (1)
or more families or any vacant land which is offered for sale or lease
for the construction or location of any such building, structure,
or portion thereof.
Family.
Includes a single individual.
Person.
Includes one (1) or more individuals, corporations, partnerships,
associations, labor organizations, legal representatives, mutual companies,
joint stock companies, trusts, un-incorporated organizations, trustees,
fiduciaries, and any other organization or entity of whatever character.
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.
(Ordinance O-07-012, sec. 1, adopted 6/21/07)
Except as exempted by section
7 1/2-5, 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,
sex, religion, disability or handicap, familial status, or natural
origin;
(2) 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 therewith, because of race, color, sex, religion,
disability or handicap, familial status, or natural origin;
(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 indicates any preference, limitation or discrimination
based on race, color, sex, religion, disability or handicap, familial
status, or national origin, or an intention to make any such preference,
limitation or discrimination;
(4) Represent to any person because of race, color, sex, religion, disability
or handicap, familial status, or national origin that any dwelling
is not available for inspection, sale or rental when such dwelling
is in fact so available;
(5) 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, sex, religion, disability
or handicap, familial status, or national origin;
(6) 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 O-07-012, sec. 2, adopted 6/21/07)
It shall be unlawful for any bank, building and loan association,
insurance company or other corporation, association, firm or enterprise
whose business consists in whole or in part of the making of commercial
or residential real estate loans, to deny a loan or other financial
assistance to a person applying therefore for the purpose of purchasing,
construction, improving, repairing or maintaining a dwelling; or to
discriminate against any such person 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, sex, religion, disability or handicap, familial
status, or national origin of such person or of any person associated
with him in connection with such loan or other financial assistance;
or
(2) The race, color, sex, religion, disability or handicap, familial
status, or national origin 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 of given.
(Ordinance O-07-012, sec. 3, adopted 6/21/07)
It shall be unlawful for any person to deny access to or membership
or participation in any multiple listing service, real estate brokers’
organization or other service, organization or facility relating to
the business of selling or renting dwellings, or to discriminate in
the terms or conditions of such access, membership or particular account
of race, color, sex, religion, disability or handicap, familial status,
or national origin.
(Ordinance O-07-012, sec. 4, adopted 6/21/07)
(a) There shall be exempted from the application of section 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 (4) families living
independently of each other if the owner actually maintains and occupies
one (1) 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 (1) 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 (4) 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 of renting dwellings or of any employee
or agent of any 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 section
7 1/2-2(3) of this chapter (this shall not prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer of title); and
c. The owner does not own more than three (3) single-family houses at
the time of the 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 (3) such single-family houses at any one
(1) time; and
e. If the owner does not reside in the house at the time of sale or
was not the most recent resident of such house prior to the sale,
the exemption granted by this subsection shall apply only with respect
to one (1) such sale within any twenty-four-month period.
(b) Nothing in this chapter shall prohibit a religious organization,
association, or society or any non-profit 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 person, unless membership in such religion is restricted on
account of race, color, sex, disability or handicap, familial status,
or national origin.
(c) Nothing in this chapter 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 sex, when such housing accommodation
contains common lavatory, kitchen or similar facilities available
for the use of all persons occupying such housing accommodation.
(Ordinance O-07-012, sec. 5, adopted 6/21/07)
The mayor shall appoint and council shall confirm a fair housing
administrator (hereinafter referred to as “administrator”),
who shall have the responsibility for implementing this chapter. The
administrator may delegate his authority to investigate and conciliate
complaints to other city employees under his direction.
(Ordinance O-07-012, sec. 6, adopted 6/21/07)
(a) 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
(hereafter 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 to any person, upon request.
(b) If at any time the administrator shall receive or discover credible
evidence and shall have probably 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) 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 paragraph
(a).
(d) 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) All complaints and answers shall be subscribed and sworn to before
an officer authorized to administer oaths.
(Ordinance O-07-012, sec. 7, adopted 6/21/07)
(a) Upon filing referral of a complaint provided, the administrator shall
cause to be made a prompt and full investigation of the matter stated
in the complaint.
(b) 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 chapter. 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) 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 of Brenham. 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 practical.
(Ordinance O-07-012, sec. 8, adopted 6/21/07)
This chapter 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 O-07-012, sec. 9, adopted 6/21/07)
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 chapter, because
he or they have exercised his or their rights under this chapter,
or enjoyed the benefits of this chapter, 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.
(Ordinance O-07-012, sec. 10, adopted 6/21/07)
The administrator and the city attorney are authorized to cooperate
with the Secretary for 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 chapter.
(Ordinance O-07-012, sec. 11, adopted 6/21/07)
In order to further the objectives of this chapter, the administrator
may conduct educational and public information programs.
(Ordinance O-07-012, sec. 12, adopted 6/21/07)
Any person, firm, or corporation violating any provision of
this chapter shall be guilty of a misdemeanor, and upon conviction,
shall be fined a sum not to exceed five hundred dollars ($500.00)
for each violation. 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.
Any person, firm, or corporation violating any provision of
this chapter may be enjoined by a suit filed by the city in a court
of competent jurisdiction, and this remedy is in additional to any
other penalty provision.
(Ordinance O-07-012, sec. 13, adopted 6/21/07)