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:
means a mental or physical impairment that substantially
limits at least one major life activity, a record of the impairment,
or being regarded as having the impairment. The term "disability"
does not include current illegal use or addiction to any drug or illegal
or federally controlled substance and does not apply to an individual
because of an individual's sexual orientation or because that individual
is a transvestite.
means any building, structure or portion thereof which is
occupied as, or designed and intended for occupancy as a residence
by one or more families or any vacant land which is offered for sale
or lease for the construction or location thereon of any such building,
structure or portion thereof.
means a discriminatory act committed because the person who
is the subject of discrimination is:
includes a single individual.
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.
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 83-153-3, § 1,
adopted 8/23/1983)
(a)
A person
may not refuse to sell or rent, after the making of a bona fide offer,
refuse to negotiate for the sale or rental of, or in any other manner
make unavailable or deny a dwelling to another because of race, color,
religion, sex, familial status, or national origin.
(b)
A person
may not discriminate against another in the terms, conditions, or
privileges of sale or rental of a dwelling or in providing services
or facilities in connection with a sale or rental of a dwelling 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.
(Ordinance 83-153-3, § 2,
adopted 8/23/1983)
A person may not make, print, or publish or effect the making,
printing, or publishing of a notice, statement, or advertisement that
is about the sale or rental of a dwelling and that indicates any preference,
limitation, or discrimination or the intention to make a preference,
limitation, or discrimination because of race, color, religion, sex,
disability, familial status, or national origin.
A person may not represent to another because of race, color,
religion, sex, disability, familial status, or national origin that
a dwelling is not available for inspection for sale or rental when
the dwelling is available for inspection.
A person may not, for profit, induce or attempt to induce another
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, disability, familial status, or national
origin.
(a)
A person
may not discriminate in the sale or rental of, or make unavailable
or deny a dwelling to any buyer or renter because of a disability
of:
(b)
A person
may not discriminate against another 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 disability of:
(c)
In this
section, discrimination includes:
(1)
A
refusal to permit, at the expense of the person having a disability,
a reasonable modification of existing premises occupied or to be occupied
by the person if the modification may be necessary to afford the person
full enjoyment of the premises;
(2)
A
refusal to make a reasonable accommodation in rules, policies, practices,
or services if the accommodation may be necessary to afford the person
equal opportunity to use and enjoy a dwelling; or
(3)
The
failure to design and construct a covered multifamily dwelling in
a manner:
a.
That
allows the public use and common use portions of the dwellings to
be readily accessible to and usable by persons having a disability;
b.
That
allows all doors designed to allow passage into and within all premises
within the dwellings to be sufficiently wide to allow passage by a
person who has a disability and who is in a wheelchair; and
c.
That
provides all premises within the dwellings contain the following features
of adaptive design:
1.
An accessible route into and through the dwelling;
2.
Light switches, electrical outlets, thermostats, and other environmental
controls in accessible locations;
3.
Reinforcements in bathroom walls to allow later installation of grab
bars; and
4.
Kitchens and bathrooms that are usable and have sufficient space
in which an individual in a wheelchair can maneuver.
(d)
Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for persons having physical disabilities, commonly cited as "ANSI A 117.1," satisfies the requirements of subsection (c)(3)c. of this section.
(e)
Subsection (c)(3) of this section does not apply to a building the first occupancy of which occurred on or before March 13, 1991.
(f)
This
section does not require a dwelling to 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.
(a)
A person
whose business includes engaging in residential real estate related
transactions may not discriminate against another 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, disability, familial status, or national origin.
(b)
In this
section, the term "residential real estate related transaction" means:
A person may not deny another 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, disability, familial status, or national origin.
(Ordinance 83-153-3, § 4,
adopted 8/23/1983)
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 other financial assistance, because of:
(1)
The
race, color, sex, religion, disability, 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 familial status, or national
origin of the present or prospective owners, leases, tenants, or occupants
of the dwelling or dwellings for which such loan or other financial
assistance is to be made or given.
(Ordinance 83-153-3, § 3,
adopted 8/23/1983)
(a)
(1)
The
sale or rental of a single-family house sold or rented by the owner
if:
a.
The
owner does not:
1.
Own more than three single-family houses at any one time; or
2.
Own any interest in, nor is there owned or reserved on the person's
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 single-family houses at any one time; and
b.
The
house is sold or rented without:
1.
The use of the sales or rental facilities or services of a broker,
agent, or salesperson licensed under V.T.C.A., Occupations Code ch.
1101, or of an employee or agent of a licensed broker, agent, or salesperson,
or the facilities or services of the owner of a dwelling designed
or intended for occupancy by five or more families; or
2.
The publication, posting, or mailing of a notice, statement, or advertisement
prohibited by V.T.C.A., Property Code § 301.022; or
(2)
The
sale or rental of the rooms or units in a dwelling containing living
quarters occupied by or intended to be occupied by not more than four
families living independently of each other, if the owner maintains
and occupies one of the living quarters as the owner's residence.
(Ordinance 83-153-3, § 5,
adopted 8/23/1983)
(a)
This
section 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:
(1)
Limiting
the sale, rental, or occupancy of dwellings that it owns or operates
for other than a commercial purpose to persons of the same religion;
or
(2)
Giving
preference to persons of the same religion, unless membership in the
religion is restricted because of race, color, or national origin.
(b)
This
section does not prohibit a private club that is not open to the public
and 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 the lodging to its members or
from giving preference to its members.
(c)
This
section does not prohibit a person engaged in the business of furnishing
appraisals of real property from considering in those appraisals factors
other than race, color, religion, sex, disability, familial status,
or national origin.
The provisions of this article relating to familial status do
not apply to housing:
(1)
That
the Texas Workforce Commission determines is specifically designed
and operated to assist elderly individuals under a federal or state
program;
(2)
Intended
for, and solely occupied by, individuals 62 years of age or older;
or
(3)
Intended
and operated for occupancy by at least one individual 55 years of
age or older for each unit as determined by commission rules.
The city council shall appoint and confirm 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 to other city employees under
his direction.
(Ordinance 83-153-3, § 6,
adopted 8/23/1983)
(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 without charge to any
person, upon request.
(b)
If at
any time the administrator shall receive or discover credible evidence
and shall have probable cause to believe that any person has committed
or is 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 subsection (a) of this section.
(d)
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 person
named therein who allegedly committed or was 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.
(e)
All
complaints and answers shall be subscribed and sworn to before an
officer authorized to administer oaths.
(Ordinance 83-153-3, § 7,
adopted 8/23/1983)
(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)
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)
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 violation be prosecuted in the municipal court. With such
recommendation, 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 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.
(Ordinance 83-153-3, § 8,
adopted 8/23/1983)
This article is cumulative in its legal effect and is not in
lieu of any and all other legal remedies which the person aggrieved
may pursue.
(Ordinance 83-153-3, § 9,
adopted 8/23/1983)
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.
(Ordinance 83-153-3, § 10,
adopted 8/23/1983)
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 ordinance.
(Ordinance 83-153-3, § 11,
adopted 8/23/1983)
In order to further the objectives of this article, the administrator
may conduct educational and public information programs.
(Ordinance 83-153-3, § 12,
adopted 8/23/1983)
(a)
Any person, firm, or corporation violating any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined according to the general penalty found in section 1-13. 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 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.
(Ordinance 83-153-3, § 13,
adopted 8/23/1983)
