For the purpose of this division, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Age.
The calendar age of an individual 18 years of age or over.
Creed.
Any set of principles, rules, opinions and precepts formally expressed and seriously adhered to or maintained by a person.
Discriminatory housing practice.
An act that is unlawful under sections 1.09.034 through 1.09.036.
Dwelling.
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.
Family.
Includes a single individual or a group of individuals living together under one common roof.
Major life activities.
Functions such as, but not limited to, caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
Marital status.
An individual’s status as a single, married, divorced, widowed or separated person.
Parenthood.
A person’s status as a parent or legal guardian of a child or children under the age of 18.
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.
Physical or mental disability.
(1) 
Any physical or mental impairment which substantially limits one or more major life activities.
(2) 
Physical or mental impairment shall include:
(A) 
Any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or
(B) 
Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
Senior adult.
A person 55 years of age or older.
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.
(1972 Code, sec. 9-1/2-21; Ordinance 297 adopted 12/4/1979; 1995 Code, sec. 92.01; Ordinance 3189 adopted 6/4/1996)
(a) 
Any person, firm or corporation violating any provision of this division shall be guilty of a misdemeanor, and upon conviction shall be fined a sum not to exceed $200.00 for each violation. Each day a violation continues after passage of 75 days from date of the filing of the initial complaint with the administrator shall constitute a separate and distinct offense.
(b) 
Any person, firm or corporation violating any provision of this division may be enjoined by order of a court of competent jurisdiction, and this remedy is in addition to any other penalty provision.
(1972 Code, sec. 9-1/2-33; Ordinance 297 adopted 12/4/1979; 1995 Code, sec. 92.99; Ordinance 3189 adopted 6/4/1996)
This division shall in no way be interpreted as creating a judicial right or remedy which is the same or substantially equivalent to the remedies provided under title VIII of the Civil Rights Act of 1968, as amended, or the Federal Equal Credit Opportunity Act (15 U.S.C. 1691). All aggrieved parties shall retain the rights granted to them by title VIII of the Civil Rights Act of 1968, as amended, and the Federal Equal Credit Opportunity Act. In construing this division, it is the intent of the city council that the courts shall be guided by federal court interpretations of title VIII of the Civil Rights Act of 1968, as amended, and the Federal Equal Credit Opportunity Act, where appropriate.
(1995 Code, sec. 92.02; Ordinance 3189 adopted 6/4/1996)
Except as exempted by section 1.09.037, 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, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age;
(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, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age;
(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, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age, or any intention to make any such preference, limitation or discrimination;
(4) 
Represent to any person because of race, color, sex, creed, religion or national origin, physical or mental disability, marital status, parenthood or age 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, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age;
(6) 
For profit, or with the hope or expectation of profit, influence or attempt to influence, by any words, acts or failure to act, any seller, purchaser, 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.
(1972 Code, sec. 9-1/2-22; Ordinance 297 adopted 12/4/1979; 1995 Code, sec. 92.03; Ordinance 3189 adopted 6/4/1996)
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 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 their financial assistance, because of:
(1) 
The race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age of such person or of any person associated with him in connection with such loan or other financial assistance; or
(2) 
The race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age 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.
(1972 Code, sec. 9-1/2-23; Ordinance 297 adopted 12/4/1979; 1995 Code, sec. 92.04; Ordinance 3189 adopted 6/4/1996)
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 participation, on account of race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age.
(1972 Code, sec. 9-1/2-24; Ordinance 297 adopted 12/4/1979; 1995 Code, sec. 92.05; Ordinance 3189 adopted 6/4/1996)
(a) 
There shall be exempted from the application of section 1.09.034 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 any such broker, agent, salesman or person;
(B) 
The sale is made without the publication, posting or mailing of any advertisement or written notice in violation of section 1.09.034 of this division (this shall not prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title);
(C) 
The owner does not own more than three 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 such single-family houses at any one time.
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 such sale within any 24-month period.
(b) 
Nothing in this division shall prohibit a religious organization, association or society or 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 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, national origin, sex, mental or physical disability, marital status, parenthood or age.
(c) 
Nothing in this division 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 division 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.
(e) 
Nothing in this division shall prohibit the sale, rental, lease or occupancy of any dwelling designed and operated exclusively for senior adults and their spouses, unless the sale, rental, lease or occupancy is further restricted on account of race, color, creed, religion, sex, national origin, physical or mental handicap and marital status.
(f) 
Nothing in this division shall bar a person who owns, operates or controls rental dwellings, whether located on the same property or one or more contiguous parcels of property, from reserving any grouping of dwellings for the rental or lease to tenants with a minor child or children; provided, however, in the event that said reserved area is completely leased or rented, the person owning, operating or controlling said rental dwelling may not refuse to rent or lease any other available dwelling to the prospective tenant on the basis of the tenant’s status as parent or any other of the protected classifications set forth in this division.
(1972 Code, sec. 9-1/2-25; Ordinance 297 adopted 12/4/1979; 1995 Code, sec. 92.06; Ordinance 3189 adopted 6/4/1996)
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 division, because he or they have exercised his or their rights under this division or enjoyed the benefits of this division, 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.
(1972 Code, sec. 9-1/2-30; Ordinance 297 adopted 12/4/1979; 1995 Code, sec. 92.07; Ordinance 3189 adopted 6/4/1996)
The mayor shall appoint and the council shall confirm a fair housing administrator (hereinafter referred to as “administrator”), who shall have the responsibility for implementing this division. The administrator may delegate his authority to investigate and conciliate complaints to other city employees under his direction.
(1972 Code, sec. 9-1/2-26; Ordinance 297 adopted 12/4/1979; 1995 Code, sec. 92.15; Ordinance 3189 adopted 6/4/1996)
(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 (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) 
A copy of all complaints filed with the city shall also be forwarded to the Fair Housing and Equal Opportunity Division of the Region VI Office of the Department of Housing and Urban Development.
(c) 
The administrator shall provide for free administrative counseling to those complainants who wish to file a private suit for relief in the local, state or federal court.
(d) 
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.
(e) 
The administrator shall receive and accept notification and referral complaints from the U.S. Attorney General and the U.S. 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) of this section.
(f) 
All complaints shall be filed within 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 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 15 days of receipt of the written complaint.
(g) 
All complaints and answers shall be subscribed and sworn to before an officer authorized to administer oaths.
(1972 Code, sec. 9-1/2-27; Ordinance 297 adopted 12/4/1979; 1995 Code, sec. 92.16; Ordinance 3189 adopted 6/4/1996)
(a) 
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) 
If the administrator determines that there is not probable cause to believe that a particular alleged discriminatory housing practice has been committed, the administrator shall take no further action with respect to that alleged offense.
(c) 
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 division. 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.
(d) 
Upon completion of the investigation and informal endeavors at conciliation by the administrator, but within 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 violations be prosecuted in the municipal court. With such recommendations, the administrator shall refer his entire file to the city attorney. The city attorney shall, within 30 days after such referral, make a determination as to whether to proceed with prosecution of such complaint in the municipal court. If the city attorney determines to prosecute, he shall institute a complaint and prosecute same to conclusion within 30 days after such determination or as soon thereafter as practicable.
(1972 Code, sec. 9-1/2-28; Ordinance 297 adopted 12/4/1979; 1995 Code, sec. 92.17; Ordinance 3189 adopted 6/4/1996)
The administrator and the city attorney are authorized to cooperate with the U.S. 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 division.
(1972 Code, sec. 9-1/2-31; Ordinance 297 adopted 12/4/1979; 1995 Code, sec. 92.18; Ordinance 3189 adopted 6/4/1996)
In order to further the objectives of this division, the administrator may conduct educational and public information programs.
(1972 Code, sec. 9-1/2-32; Ordinance 297 adopted 12/4/1979; 1995 Code, sec. 92.19; Ordinance 3189 adopted 6/4/1996)
This division is cumulative in its legal effect and is not in lieu of any and all other legal remedies which the person aggrieved may pursue.
(1972 Code, sec. 9-1/2-29; Ordinance 297 adopted 12/4/1979; 1995 Code, sec. 92.20; Ordinance 3189 adopted 6/4/1996)
(a) 
In accordance within the regulations of the HOME Investment Partnership Program and in furtherance of the city’s commitment to nondiscrimination and equal opportunity in housing, the city has established the following procedures to affirmatively market its programs. These procedures are intended to further the objectives of title VIII of the Civil Rights Act of 1968, the Fair Housing Amendments of 1988, and Executive Order 11063.
(b) 
The city’s policy is that individuals and families will not be discriminated against, in their housing choices or in access of housing services, on the basis of race, color, sex, religion, disability, national origin or familial status. The city is operating under all other applicable federal fair housing laws and other applicable federal, state, and local housing laws.
(c) 
The city is committed to the goals of affirmative marketing, which will be implemented in the specific steps outlined as follows:
(1) 
Inform the general public and potential applicants of this policy and other program information through news releases, print ads, public meetings, flyers, and/or other means throughout the target area served by the city.
(2) 
Discuss program guidelines and procedures and disperse applications via a public meeting.
(3) 
Post available information in public places, including application centers and area social service agencies that work with minorities, disabled individuals, or other protected groups.
(4) 
Incorporate the Equal Housing Opportunity slogan in all program materials.
(5) 
Accommodate non-English speaking individuals residing in the community.
(6) 
Solicit applications from persons not likely to apply without special outreach through identified minority organizations such as minority churches.
(7) 
Inform community leaders, housing owners, social service agencies, public and/or nonprofit groups, lenders and realty groups, and other interested parties of meetings via public notices printed in the area newspaper.
(8) 
Record complaints, if any, regarding unfair marketing practices and resolve by joint consultation.
(9) 
The city will maintain records of demographic information of applicants for services. This information is included on HUD and TDHCA set-up and close-out forms. Copies of advertisements, brochures, flyers, and other program materials will be maintained in the program file. Dates, notices and attendance records from public outreach meetings, if any, will also be maintained within the program file.
(10) 
The city will assess its outreach and affirmative marketing efforts and report its results to TDHCA at the close of the contract period. This will include a list of outreach methods, an assessment of success or failure of these methods and corrective action to improve affirmative marketing as necessary.
(1995 Code, sec. 92.21; Resolution 3469 adopted 5/23/2000; Resolution 3562 adopted 3/5/2002)