This article may be cited as the City’s fair housing ordinance.
(Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 5060, sec. 1, adopted 3/18/97)
It is the policy of the City, through fair, orderly, and lawful
procedures, to promote the opportunity for each person to obtain housing
without regard to race, color, sex, religion, handicap, familial status,
age, national origin, sexual orientation, gender identity, or other
non-merit based factors which may disproportionately impact access
to housing. This policy is grounded upon a recognition of the right
of every person to have access to adequate housing of the person's
own choice, and the denial of this right because of race, color, sex,
religion, handicap, familial status, age, national origin, sexual
orientation, gender identity, or other non-merit based factors which
may disproportionately impact access to housing is detrimental to
the health, safety, and welfare of the inhabitants of the City and
constitutes an unjust deprivation of rights, which is within the power
and proper responsibility of government to prevent.
(Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 5060, sec. 1, adopted 3/18/97; Ordinance 7400 adopted 2/7/2023)
(A)
In this
section:
(1)
Accessible
is defined as that area
of a housing accommodation that can be approached, entered and used
by a person with a physical handicap.
(2)
Accessible route
is defined as a continuous
unobstructed path connecting accessible elements and spaces in a housing
accommodation that can be negotiated by a person with a severe disability
using a wheelchair and that is also safe for and usable by a person
with other disabilities.
(3)
Administrator
is defined as the administrator
of the fair housing office designated by the City Manager to enforce
and administer this article and includes the administrator’s
designated representative.
(4)
Aggrieved person
is defined as a person
claiming to be injured by a discriminatory housing practice.
(5)
Building entrance on an accessible route
is defined as an accessible entrance to a covered multifamily dwelling
that is connected by an accessible route to public transportation
stops, to accessible parking and passenger loading zones, or to the
public streets or sidewalks, if available.
(6)
Complainant
is defined as a person, including the administrator, who files a complaint under section 32.91.
(8)
Defense.
Is defined as a defense to
criminal prosecution in municipal court as explained in the Texas
Penal Code. Defense also means, where specifically provided, an exemption
from a civil action.
(9)
Discriminatory housing practice
is defined as conduct that is an offense under section 32.88 of this article.
(10)
Dwelling unit
is defined as a single
unit of residence for a family.
(11)
(12)
Family
includes a single individual.
(13)
(14)
Housing accommodation
is defined as:
(a)
Any building, structure, or part of a building or structure that
is occupied, or designed or intended for occupancy, as a residence
for one or more families; and
(15)
Person
is defined as an individual,
corporation, partnership, association, labor organization, legal representative,
mutual company, joint-stock company, trust, unincorporated organization,
trustee, receiver or fiduciary or any employee, representative, or
agent of the person.
(16)
Rent
is defined as lease, sublease,
or otherwise grant for a consideration the right to occupy premises
that are not owned by the occupant.
(17)
Residence
does not include a hotel,
motel, or similar public accommodation where occupancy is available
exclusively on a temporary, day-to-day basis.
(18)
(19)
Respondent
is defined as a person identified
in a complaint or charge as having committed a discriminatory housing
practice under this article.
(Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 5060, sec. 1, adopted 3/18/97)
(A)
A person
commits an offense if he, because of race, color, sex, religion, familial
status, age, national origin, sexual orientation, gender identity,
or other non-merit based factors which may disproportionately impact
access to housing:
(1)
Refuses
to negotiate with a person for the sale or rental of a housing accommodation
or otherwise denies or makes unavailable a housing accommodation to
a person;
(2)
Refuses
to sell or rent, or otherwise makes unavailable, a housing accommodation
to another person after the other person makes an offer to buy or
rent the accommodation; or
(3)
Discriminates
against a person in the terms, conditions, or privileges of, or in
providing a service or facility in connection with, the sale or rental
of a housing accommodation.
(B)
A person
commits an offense if he, because of race, color, sex, religion, handicap,
familial status, age, national origin, sexual orientation, gender
identity, or other non-merit based factors which may disproportionately
impact access to housing:
(1)
Represents
to a person that a housing accommodation is not available for inspection,
sale, or rental if the accommodation is available;
(2)
Discriminates
against a prospective buyer or renter in connection with the showing
of a housing accommodation; or
(3)
With
respect to a multiple listing service, real estate brokers’
organization, or other business relating to selling or renting housing
accommodations:
(C)
A person
commits an offense if he:
(1)
For
profit, induces or attempts to induce another person to sell or rent
a housing accommodation by a representation that a person of a particular
race, color, sex, religion, handicap, familial status, age, national
origin, sexual orientation, gender identity or other non-merit based
factors which may disproportionately impact access to housing is in
proximity to, is present in, or may enter into the neighborhood in
which the housing accommodation is located;
(2)
Makes
an oral or written statement indicating a policy of the respondent
or a person represented by the respondent to discriminate on the basis
of race, color, sex, religion, handicap, familial status, age, national
origin, sexual orientation, gender identity, or other non-merit based
factors which may disproportionately impact access to housing in the
selling or renting of a housing accommodation; or
(3)
Prints
or publicizes or causes to be printed or publicized an advertisement
that expresses a preference or policy of discrimination based on race,
color, sex, religion, handicap, familial status, age, national origin,
sexual orientation, gender identity, or other non-merit based factors
which may disproportionately impact access to housing in the selling
or renting of a housing accommodation.
(D)
A person
who engages in a residential real estate-related transaction commits
an offense if he, because of race, color, sex, religion, handicap,
familial status, age, national origin, sexual orientation, gender
identity, or other non-merit based factors which may disproportionately
impact access to housing discriminates against a person:
(E)
A person
commits an offense if he:
(1)
Discriminates
in the sale or rental of a housing accommodation of any buyer or renter
because of a handicap of:
(2)
Discriminates
against any person in the terms, conditions, or privileges of sale
or rental of a housing accommodation, or in the provision of services
or facilities in connection with the housing accommodation, because
of a handicap of:
(F)
A person
commits an offense if he:
(1)
Refuses
to permit, at the expense of a handicapped person, reasonable modifications
of existing premises occupied or to be occupied by the handicapped
person, if the modifications may be necessary to afford the handicapped
person full use of the premises; except that, in the case of a rental,
the landlord may, where reasonable to do so, condition permission
for modification on the renter’s agreeing to restore the interior
of the premises to the condition that existed before the modification,
reasonable wear and tear excepted;
(2)
Refuses
to make reasonable accommodations in rules, policies, practices, or
services when the accommodations may be necessary to afford a handicapped
person equal opportunity to use and enjoy a housing accommodation;
(3)
Fails
to design or construct a covered multifamily dwelling, for first occupancy
after March 13, 1991, that has a building entrance on an accessible
route in such manner that:
(a)
The public and common use areas of the dwelling are readily accessible
to and usable by a handicapped person;
(b)
All the doors designed to allow passage into and within all premises
are sufficiently wide to allow passage by a handicapped person in
a wheelchair; and
(c)
All premises within a dwelling unit contain the following features
of adaptive design:
(i)
An accessible route into and through the dwelling unit;
(ii)
Light switches, electrical outlets, thermostats, and other environmental
controls in accessible locations;
(iii)
Reinforcements in the bathroom walls to allow later installation
of grab bars; and
(iv)
Usable kitchens and bathrooms that allow a person in a wheelchair
to maneuver about the space.
(G)
A person
commits an offense if he coerces, intimidates, threatens, or otherwise
interferes with any person in the exercise or enjoyment of, or on
account of that person having exercised or enjoyed, or on account
of that person having aided or encouraged any other person in the
exercise or enjoyment of, any right granted or protected by this article.
(H)
A person
commits an offense if he retaliates against any person for making
a complaint, testifying, assisting, or participating in any manner
in a proceeding under this article.
(Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 5060, sec. 1, adopted 3/18/97; Ordinance 7400 adopted 2/7/2023)
(A)
It is a defense to criminal prosecution or civil action under section 32.98 that:
(1)
The
housing accommodation is owned, controlled, or managed by:
(a)
A religious organization, or a nonprofit organization that exists
in conjunction with or is operated, supervised, or controlled by a
religious organization, and the organization sells or rents the housing
accommodation only to individuals of the same religion as the organization;
except that, this defense is not available if:
(i)
The offense involves discrimination other than on the basis of religion;
(ii)
The organization owns, controls, or manages the housing accommodation
for a commercial purpose; or
(iii)
Membership in the religion is limited to individuals on the
basis of race, color, sex, handicap, familial status, age, national
origin, sexual orientation, gender identity, or other non-merit based
factors which may disproportionately impact access to housing.
(b)
A nonprofit religious, educational, civic, or service organization
or by a person who rents the housing accommodation to individuals,
a predominant number of whom are associated with the same nonprofit
religious, educational, civic, or service organization and the organization
or person, for the purposes of privacy and personal modesty, rents
the housing accommodation only to individuals of the same sex or provides
separate accommodations or facilities on the basis of sex; except
that, this defense is not available if the offense involves:
(c)
A private organization and, incidental to the primary purpose of
the organization, the organization rents the housing accommodation
only to its own members; except that, this defense is not available
if:
(2)
Compliance
with this article would violate a federal, state, or local law restricting
the maximum number of occupants permitted to occupy a dwelling unit.
(B)
It is a defense to criminal prosecution or civil action under all of section 32.88 except section 32.88(C)(2) and (3) that the housing accommodation is:
(1)
A
single-family dwelling owned by the respondent; except that, this
defense is not available if the respondent:
(a)
Owns an interest or title in more than three single-family dwellings,
whether or not located inside the City, at the time the offense is
committed;
(b)
Has not resided in the dwelling within the preceding 24 months before
the offense is committed; or
(c)
Uses the services or facilities of a real estate agent, or any other
person in the business of selling or renting real estate, in connection
with a sale or rental involved in the offense; or
(2)
Occupied
or intended for occupancy by four or fewer families living independently
of each other, and the respondent is the owner of the accommodation
and occupies part of the accommodation as a residence; except that,
this defense is not available if the offense involves a sale of all
or part of the housing accommodation.
(C)
It is a defense to criminal prosecution or civil action under section 32.98 as it relates to familial status that the housing accommodation is:
(1)
Provided
under a state or federal program that is specifically designated and
operated to assist elderly persons, as defined in the state or federal
program;
(2)
Intended
for, and solely occupied by, a person at least 62 years of age, except
that:
(a)
An employee of the housing accommodation who performs substantial
duties directly related to the management or maintenance of the housing
accommodation may occupy a dwelling unit, with family members in the
same unit; and
(b)
A person under age 62 years residing in the housing accommodation
on September 13, 1988 may occupy a dwelling unit, provided that all
new occupants following that date are persons at least 62 years of
age; and
(c)
All vacant units are reserved for occupancy by persons at least 62
years of age; or
(3)
Intended
and operated for occupancy by at least one person 55 years of age
or older per dwelling unit, provided that:
(a)
The housing accommodation has significant facilities and services
specifically designed to meet the physical and social needs of an
older person or, if it is not practicable to provide such facilities
and services, the housing accommodation is necessary to provide important
housing opportunities for an older person;
(b)
At least 80 percent of the dwelling units in the housing accommodation
are occupied by at least one person 55 years of age or older per dwelling
unit; except that a newly constructed housing accommodation for first
occupancy after March 12, 1989 need not comply with this requirement
until 25 percent of the dwelling units in the housing accommodation
are occupied; and
(c)
The owner or manager of the housing accommodation publishes and adheres
to policies and procedures that demonstrate an intent by the owner
or manager to provide housing to persons at least 55 years of age.
(D)
It is a defense to criminal prosecution under section 32.88(D) that the aggrieved person has been convicted by the court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined by section 481.002 of the Texas Health and Safety Code, as amended, or by section 802, title 21 of the United States Code Annotated, as amended.
(E)
It is defense to criminal prosecution under section 32.88(D) that the person was engaged in the business of furnishing appraisals of real property and considered factors other than race, color, religion, sex, handicap, familial status, age, national origin, sexual orientation, gender identity, or other non-merit based factors which may disproportionately impact access to housing.
(F)
Nothing
in this article prohibits:
(1)
Conduct
against a person because of the person’s conviction by a court
of competent jurisdiction of the illegal manufacture or distribution
of a controlled substance as defined by section 481.002 of the Texas
Health and Safety Code, as amended, or by section 802, title 21 of
the United States Code Annotated, as amended; or
(2)
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, age, national origin, sexual orientation,
gender identity, or other non-merit based factors which may disproportionately
impact access to housing.
(G)
It is a defense to criminal prosecution or civil action under section 32.88(D) that the person, in the purchasing of the loans, considered factors that were justified by business necessity and related to the transaction’s financial security or the protection against default or reduction in the value of the security, but were unrelated to race, color, religion, sex, handicap, familial status, age, national origin, sexual orientation, gender identity, or other non-merit based factors which may disproportionately impact access to housing.
(Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 5060, sec. 1, adopted 3/18/97; Ordinance 7400 adopted 2/7/2023)
(A)
The
administrator shall implement and enforce this article and may establish
such rules and regulations as are determined necessary to perform
the duties of that office.
(B)
The
administrator is encouraged to cooperate with the Secretary of Housing
and Urban Development and the Attorney General of the United States
in the enforcement of the Fair Housing Act of 1968, 42 U.S.A. section
3601, et. seq., as amended, and may assist the Secretary or Attorney
General in any way consistent with the policy of this article. The
administrator is encouraged to cooperate with the state commission
on human rights in the enforcement of the Texas Fair Housing Act,
chapter 301, Texas Property Code, as amended, and may assist the commission
in any way consistent with the policy of this article.
(C)
The
administrator may order discovery in aid of investigations under this
article. Such discovery may be ordered to the same extent and is subject
to the same limitations as would apply if the discovery were ordered
in aid of a civil action in a state district court of Dallas County,
Texas.
(Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 5060, sec. 1, adopted 3/18/97)
(A)
An aggrieved
person, or any authorized representative of an aggrieved person, may
report a discriminatory housing practice to the administrator and
file a complaint with the administrator not later than one year after
an alleged discriminatory housing practice has occurred or terminated.
A complaint may also be filed by the administrator, not later than
one year after the alleged discriminatory housing practice has occurred
or terminated, if the administrator has reasonable cause to believe
that a person has committed a discriminatory housing practice.
(B)
The administrator shall treat a complaint referred by the Secretary of Housing and Urban Development or the Attorney General of the United States under the Fair Housing Act of 1968, 42 U.S.C. section 3601, et. seq., as amended, or by the state commission on human rights under the Texas Fair Housing Act, chapter 301, Texas Property Code, as amended, as a complaint filed under subsection (A). No action will be taken under this article against a person for a discriminatory housing practice if the referred complaint was filed with the governmental entity later than one year after an alleged discriminatory housing practice occurred or terminated.
(C)
A complaint
must be in writing, made under oath or affirmation, and contain the
following information:
(1)
Name
and address of the respondent.
(2)
Name,
address, and signature of the complainant.
(3)
Name
and address of the aggrieved person, if different from the complainant.
(4)
Date
of occurrence or termination of the discriminatory housing practice
and date of the filing of the complaint.
(5)
Description
and address of the housing accommodation involved in the discriminatory
housing practice, if appropriate.
(6)
Concise
statement of the facts of the discriminatory housing practice, including
the basis of the discrimination (race, color, sex, religion, handicap,
familial status, age, national origin, sexual orientation, gender
identity, or other non-merit based factors which may disproportionately
impact access to housing).
(D)
Upon
the filing of the complaint, the administrator shall, in writing:
(1)
Notify
the complainant, and the aggrieved person if different from the complainant,
that a complaint has been filed; and
(2)
Advise
the complainant, and the aggrieved person if different from the complainant,
of time limits applicable to the complaint and of any rights, obligations,
and remedies of the aggrieved person under this article.
(E)
Not
more than 10 days after the filing of a complaint, the administrator
shall, in writing:
(1)
Notify
the respondent named in the complaint that a complaint alleging the
commission of a discriminatory housing practice has been filed against
the respondent;
(2)
Furnish
a copy of the complaint to the respondent;
(3)
Advise
the respondent of the procedural rights and obligations of the respondent,
including the right to file a written, signed, and verified informal
answer to the complaint within 10 days after service of notice of
the complaint; and
(4)
Advise
the respondent of other rights and remedies available to aggrieved
person under this article.
(F)
Not
later than the 10th day after service of the notice and copy of the
complaint, a respondent may file an answer to the complaint containing:
(G)
A complaint or answer may be amended at any time before the administrator notifies the City Attorney under section 32.96 of a discriminatory housing practice upon which the complaint is based. The administrator shall furnish a copy of each amended complaint or answer, respectively, to respondent or complainant, and any aggrieved person if different from the complainant, as promptly as is practicable.
(H)
The administrator may not disclose or permit to be disclosed to the public the identity of a respondent before the administrator notifies the City Attorney under section 32.96 of a discriminatory housing practice alleged against the respondent in a complaint or while the complaint is in the process of being investigated and prior to the completion of all negotiations relative to a conciliation agreement.
(I)
A complaint, except a referred complaint described in subsection (B) of this section, shall be finally disposed of either through dismissal, execution of a conciliation agreement, or issuance of a charge within one year after the date on which the complaint was filed unless it is impracticable to do so, in which case, the administrator shall notify the complainant, the aggrieved person if different from the complainant, and the respondent, in writing, of the reasons for the delay.
(Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 5060, sec. 1, adopted 3/18/97; Ordinance 7400 adopted 2/7/2023)
(A)
Not
more than 30 days after the filing of a complaint by an aggrieved
person or by the administrator, the administrator shall commence an
investigation of the complaint to determine whether there is reasonable
cause to believe a discriminatory housing practice was committed and
the facts of the discriminatory housing practice.
(B)
The
administrator shall seek the voluntary cooperation of any person to:
(C)
The
administrator may, at the administrator’s discretion or at the
request of the respondent, the complainant, or the aggrieved person
if different from the complainant, request the City Council to issue
a subpoena duces tecum to compel the attendance of a witness or the
production of relevant materials or documents, pursuant to its power
under article IV, section 1(I) of the City Charter. Violation of a
subpoena issued under this subsection is punishable by the same fines
and penalties for contempt as are authorized before the county court.
(D)
An investigation shall remain open until a reasonable cause determination is made under section 32.96, a conciliation agreement is executed and approved under section 32.94, or the complaint is dismissed under section 32.97. Unless impracticable to do so, the administrator shall complete the investigation within 100 days after the date of filing of the complaint. If the administrator is unable to complete the investigation within the 100-day period, the administrator shall notify the complainant, the aggrieved party if different from the complainant, and the respondent, in writing, of the reasons for the delay.
(E)
This
section does not limit the authority of the administrator to conduct
such other investigations or to use such other enforcement procedures,
otherwise lawful, as the administrator considers necessary to enforce
this article.
(F)
The
administrator shall prepare a final investigative report showing:
(Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 5060, sec. 1, adopted 3/18/97)
(A)
If at
any time following the filing of a complaint the administrator concludes
that prompt judicial action is necessary to carry out the purposes
of this article, the administrator may request the City Attorney and
the City Attorney may initiate a civil action in the state district
court of Dallas County, Texas for appropriate temporary or preliminary
relief pending final disposition of the complaint.
(B)
On receipt
of the administrator’s request, the City Attorney may promptly
file the action in the state district court. Venue is in Dallas County,
Texas.
(C)
A temporary
restraining order or other order granting preliminary or temporary
relief under this section is governed by the applicable Texas Rules
of Civil Procedure.
(Ordinance 5060, sec. 1, adopted 3/18/97)
(A)
During the period beginning with the filing of a complaint and ending with the issuance of a charge under section 32.96, the dismissal of the complaint under section 32.97, or the dismissal of the criminal action in municipal court, the administrator shall try to conciliate the complaint. In conciliating a complaint, the administrator shall try to achieve a just resolution and obtain assurances that the respondent will satisfactorily remedy any violation of the aggrieved person’s rights and take action to assure the elimination of both present and future discriminatory housing practices.
(B)
If a
conciliation agreement is executed under this section, a party to
the agreement may not be prosecuted in municipal court, nor may the
administrator issue a charge against the party, for the discriminatory
housing practice specified in the agreement under subsection (D)(1)
unless the administrator determines that the agreement has been violated
and notifies the City Attorney in writing of the violation.
(C)
A conciliation
agreement must be in writing in the form approved by the City Attorney
and must be signed and verified by the respondent, the complainant,
and the aggrieved person if different from the complainant, subject
to the approval of the administrator who shall indicate approval by
signing the agreement. The conciliation agreement that is not executed
before the expiration of 100 days after the date the complaint is
filed must include the approval of the City Attorney. A conciliation
agreement is executed upon its signing and verification by all parties
to the agreement.
(D)
A conciliation
agreement executed under this section must contain:
(1)
An
identification of the discriminatory housing practice and corresponding
respondent that give rise to the conciliation agreement under subsection
(A) and the identification of any other discriminatory housing practice
and respondent that the parties agree to make subject to the limitation
on the prosecution in subsection (B);
(2)
An
identification of the housing accommodation subject to conciliation
agreement; and
(3)
A
statement that each party entering into the conciliation agreement
agrees:
(a)
Not to violate this article or the conciliation agreement; and
(b)
That the respondent shall file with the administrator a periodic activity report, in accordance with the following regulations, if the discriminatory housing practice giving rise to the conciliation agreement under section 32.88 involves a respondent who engages in a business relating to selling or renting housing accommodations; a housing accommodation occupied or intended for occupancy on a rental or sale basis; or a violation of section 32.88.
(i)
Unless the discriminatory housing practice involves a violation of section 32.88(C)(1), the activity report must state, with respect to each person of the specified class (the race, color, sex, religion, handicap, familial status, age, national origin, sexual orientation, gender identity, or other non-merit based factors which may disproportionately impact access to housing alleged as the basis of discrimination in the complaint on the discriminatory housing practice) who in person contacts a party to the conciliation agreement concerning either sale, rental, or financing of a housing accommodation or a business relating to selling or retiring housing accommodations, the name and address or telephone number of the person, the date of each contact, and the result of each contact.
(ii)
If the discriminatory housing practice involves a violation of section 32.88(C)(1), the activity report must state the number and manner of solicitations concerning housing accommodations made by the party and the approximate boundaries of each neighborhood in which the solicitations are made.
(iii)
The party who prepares the activity report must sign and verify
the report.
(iv)
An activity report must be filed each month on the date specified
in the conciliation agreement for a period of not less than three
months nor more than 36 months, as required by the conciliation agreement.
(E)
In addition to the requirements of subsection (D), a conciliation agreement may include any other term or condition agreed to by the parties, including, but not limited to:
(1)
Monetary
relief in the form of damages, including humiliation and embarrassment,
and attorney fees; and
(2)
Equitable
relief such as access to the housing accommodation at issue, or to
a comparable housing accommodation, and provision of services and
facilities in connection with a housing accommodation.
(F)
Nothing
said during the course of conciliation may be made public or used
as evidence in a subsequent proceeding under this article without
the written consent of any person concerned.
(G)
A conciliation
agreement shall be made public, unless the aggrieved person and the
respondent request nondisclosure and the administrator determines
that disclosure is not required to further the purposes of this article.
Notwithstanding a determination that disclosure of a conciliation
agreement is not required, the administrator may publish tabulated
descriptions of the results of all conciliation efforts.
(H)
If the
aggrieved person brings a civil action under a local, state, or federal
law seeking relief for the alleged discriminatory housing practice
and the trial in the action begins, the administrator shall terminate
efforts to conciliate the complaint unless the court specifically
requests assistance from the administrator. The administrator may
also terminate efforts to conciliate the complaint if:
(Ordinance 5060, sec. 1, adopted 3/18/97; Ordinance
7400 adopted 2/7/2023)
(A)
A person commits an offense if, after the person executes a conciliation agreement under section 32.94, he violates any term or condition contained in the agreement.
(B)
It is no defense to criminal prosection in municipal court or to civil action in state district court under this section that, with respect to a discriminatory housing practice that gave rise to the conciliation agreement under section 32.94:
(C)
If the
administrator determines that a conciliation agreement has been violated,
the administrator shall give written notice to all parties subject
to the agreement.
(D)
When the administrator has reasonable cause to believe that a respondent has breached a conciliation agreement, the administrator shall refer the matter to the City Attorney’s office with a recommendation that a civil action be filed under section 32.94 for the enforcement of the agreement. The administrator shall also file a criminal action in municipal court for a violation of the agreement.
(Ordinance 5060, sec. 1, adopted 3/18/97)
(A)
Upon notification by the administrator that a conciliation agreement has not been executed by the complainant and the respondent and approved by the administration in accordance with section 32.94, the City Attorney, within the time limits set forth in subsection (B), may determine whether, based upon all facts known at the time of the decision, reasonable cause exists to believe that a discriminatory housing practice has occurred. In making the reasonable cause determination, the City Attorney may consider whether the facts concerning the alleged discriminatory housing practice are sufficient to warrant the initiation of a criminal action in municipal court or a civil action in state district court.
(B)
The
City Attorney shall make a reasonable cause determination within 100
days after the filing of a complaint unless it is impractical to do
so. If the City Attorney is unable to make a determination within
the 100-day period, the administrator shall notify the complainant,
the aggrieved person if different from the complainant, and the respondent,
in writing, of the reasons for the delay.
(C)
Upon
determination by the City Attorney that reasonable cause exists to
believe that a discriminatory housing practice has occurred, the administrator
shall immediately issue a charge on behalf of the aggrieved person.
The administrator may also file a criminal action in municipal court.
Not more than 20 days after the administrator issues the charge, the
administrator shall notify the complainant, the aggrieved person if
different from the complainant, and the respondent, in writing, of
the issuance of a charge and include a copy of the charge.
(D)
(E)
If the
City Attorney determined that no reasonable cause exists to believe
that a discriminatory housing practice has occurred, the City Attorney
shall issue to the administrator a short and plain written statement
of the facts which the City Attorney based the no reasonable cause
determination.
(F)
The
administrator may not issue a charge and the City Attorney may not
bring or maintain a civil action in the state district court for the
alleged discriminatory housing practice after the aggrieved person
has brought a civil action under local, state, or federal law seeking
relief for the alleged discriminatory housing practice and the trial
in the action has begun. If a charge may not be sued by the administrator
or a civil action may not be brought or maintained by the City Attorney
because of a trial of a civil action brought by the aggrieved party,
the administrator shall notify the complainant, the aggrieved person
if different from the complainant, and the respondent, in writing.
(Ordinance 5060, sec. 1, adopted 3/18/97)
(A)
A complaint
may be dismissed by the administrator:
(1)
During
the investigation and prior to referral to the City Attorney when
the administrator determines that:
(a)
The complaint was not filed within the required time period;
(b)
The location of the alleged discriminatory housing practice is not
within the City’s jurisdiction;
(c)
The alleged discriminatory housing practice is not a violation of
this article;
(d)
The complainant or aggrieved person refuses to cooperate with the
administrator in the investigation of the complaint or enforcement
of the executed conciliation agreement;
(e)
The complainant, or the aggrieved person if different from the complainant,
cannot be located after the administrator has performed a reasonable
search; or
(f)
A conciliation agreement has been executed by the respondent, complainant,
and the aggrieved person if different from the complainant; or
(2)
Within
10 days after the receipt of the statement of no reasonable cause
from the City Attorney.
(B)
A criminal action may be dismissed by a municipal court judge upon motion of the City Attorney, if after the City Attorney files the action charging a respondent with a discriminatory housing practice, a conciliation agreement is executed under section 32.94 before the trial begins in municipal court.
(C)
The
administrator shall notify the complainant, the aggrieved person if
different from the complainant, and the respondent of the dismissal
of the compliant, including a written statement of facts, and make
public disclosure of the dismissal by issuing a press release, unless
the respondent requests that no public disclosure be made.
(Ordinance 5060, sec. 1, adopted 3/18/97)
(A)
If the respondent has been found by the administrator and the City Attorney to have breached an executed conciliation agreement or if the administrator has issued a charge under section 32.96, the City Attorney, upon the request of the administrator, shall initiate and maintain a civil action on behalf of the aggrieved person in the state district court seeking relief under this article. Venue is in Dallas County, Texas.
(B)
An aggrieved
person may intervene in the action.
(C)
If the
court finds in the civil action that the conciliation agreement has
been violated or a discriminatory housing practice has occurred, the
court may award to the plaintiff:
(1)
Actual
and punitive damages;
(2)
Civil
penalties payable to the City for vindication of the public interest
in an amount that does not exceed:
(a)
$10,000 if the respondent has not been adjudged by the order of a
court to have committed a prior discriminatory housing practice;
(b)
Except as provided by subsection (d) of this subsection, $25,000 if the respondent has been adjudged by order of a court to have committed one other discriminatory housing practice during the five-year period ending on the date of the filing of the charge; and
(c)
Except as provided by subsection (d) of this subsection, $50,000 if the respondent has been adjudged by order of a court to have committed two or more discriminatory housing practices during the seven-year period ending on the date of filing of the charge.
(d)
If the acts constituting the discriminatory housing practice that is the subject of the charge are committed by the same individual who has been previously adjudged to have committed acts constituting a discriminatory housing practice, the civil penalties in subsections (b) and (c) of this subsection may be imposed without regard to the period of time within which any other discriminatory housing practice occurred;
(3)
Reasonable
attorney’s fees;
(4)
Cost
of court; and
(5)
Any
permanent or temporary injunction, temporary restraining order, or
other order, including an order enjoining the defendant from engaging
in the discriminatory housing practice or ordering appropriate affirmative
action.
(D)
If actual
damages are sought for the benefit of an aggrieved person who does
not intervene in the civil action, the court may not award the actual
damages if the aggrieved person has not complied with discovery orders
entered by the court.
(E)
The
City shall not be subject to orders for sanctions for the failure
of the complainant, if other than the administrator, or the aggrieved
person to comply with discovery requests of the defendant or discovery
orders of the court.
(F)
Any
resolution of the charge before a final order is signed by the state
district court under this section requires the consent of the aggrieved
person on whose behalf the charge is issued.
(Ordinance 5060, sec. 1, adopted 3/18/97)
(A)
An aggrieved
person may file a civil action in state district court not later than
two years after the occurrence or termination of an alleged discriminatory
housing practice or after the breach of a conciliation agreement entered
into under this article, whichever occurs last, to obtain appropriate
relief with respect to the discriminatory housing practice or the
breach of the conciliation agreement.
(C)
An aggrieved
person may not file an action under this section for an alleged discriminatory
housing practice that forms the basis of a charge issued by the administrator
if:
(D)
(E)
A court
in a civil action brought under this section may award reasonable
attorney’s fees to the prevailing party and assess court costs
against the nonprevailing party.
(Ordinance 5060, sec. 1, adopted 3/18/97)
Relief granted under section 32.93 or 32.94 does not affect a contract, sale, encumbrance, or lease that:
(1)
Was
consummated before the granting of the relief; and
(Ordinance 5060, sec. 1, adopted 3/18/97)
(A)
For
purposes of this article, any notice, paper, or document required
to be served on any person under this article may be served in person
or by United States mail to the person’s last known address.
(B)
When
service is by mail, three days will be added to the prescribed period
allowed under this article for timely filing.
(C)
Service
is complete and time periods begin to run at the time the required
notice, paper, or document is received in person or deposited in a
United States postal receptacle.
(Ordinance 5060, sec. 1, adopted 3/18/97)
The procedures prescribed by this article do not constitute
an administrative prerequisite to another action or remedy available
to the City or to an aggrieved person under federal or state law.
(Ordinance 5060, sec. 1, adopted 3/18/97)
The administrator may conduct educational and public information
activities that are designed to promote the policy of this article.
(Ordinance 5060, sec. 1, adopted 3/18/97)
This article does not affect any local, state, or federal restriction:
(1)
On
the maximum number of occupants permitted to occupy a dwelling unit;
or
(2)
Relating
to health or safety standards.
(Ordinance 5060, sec. 1, adopted 3/18/97)
