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:
Administrator
means the individual designated fair housing administrator by the city manager.
Discriminatory housing practice
means an act that is unlawful under sections 24-50 through 24-57.
Disability
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.
Dwelling
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, and 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.
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.
(Code 1973, § 8-53(B); Code 1997, § 98.02; Ordinance 74-11, adopted 4/17/1974; Ordinance 83-68, adopted 8/17/1983)
(a) 
It is hereby declared to be the policy of the city to bring about, through fair, orderly, and lawful procedures, the opportunity for each person to obtain housing without regard to race, color, religion, sex, national origin, handicap, or familial status.
(b) 
It is further declared that this policy is grounded upon a recognition of the right of every person to have access to adequate housing of their own choice without regard to race, color, religion, sex, national origin, handicap, or familial status; and that the denial of such rights through considerations based on race, color, religion, sex, handicap, familial status, or national origin is detrimental to the health, safety, and welfare of the inhabitants of the city and constitutes an unjust denial or deprivation of such rights which is within the power and proper responsibility of government to prevent.
(Code 1973, § 8-53(A); Code 1997, § 98.01; Ordinance 74-11, adopted 4/17/1974; Ordinance 83-68, adopted 8/17/1983; Ordinance 95-15, adopted 3/15/1995)
A discriminatory act is committed because of familial status if the act is committed because the person who is the subject of discrimination is:
(1) 
Pregnant;
(2) 
Domiciled with an individual younger than 18 years of age in regard to whom the person:
a. 
Is the parent or legal custodian; or
b. 
Has the written permission of the parent or legal custodian for domicile with that person; or
(3) 
In the process of obtaining legal custody of an individual younger than 18 years of age.
(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.
(Code 1973, § 8-53(C); Code 1997, § 98.03; Ordinance 74-11, adopted 4/17/1974; Ordinance 83-68, adopted 8/17/1983; Ordinance 95-15, adopted 3/15/1995)
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:
(1) 
The buyer or renter;
(2) 
A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
(3) 
Any person associated with the buyer or renter.
(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:
(1) 
The other person;
(2) 
A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
(3) 
Any person associated with the other person.
(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.
(g) 
In this section, the term "covered multifamily dwellings" means:
(1) 
Buildings consisting of four or more units if the buildings have one or more elevators; and
(2) 
Ground floor units in other buildings consisting of four or more units.
(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:
(1) 
The making or purchasing of loans or the provision of other financial assistance:
a. 
To purchase, construct, improve, repair, or maintain a dwelling; or
b. 
To secure residential real estate; or
(2) 
The selling, brokering, or appraising of residential real property.
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.
(a) 
This article does not apply to:
(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 Texas 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 Texas 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.
(b) 
The exemption in subsection (a)(1) of this section applies only to one sale or rental in a 24-month period if the owner was not the most recent resident of the house at the time of the sale or rental.
(a) 
This article does not prohibit a religious organization, association, or society, or a nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from:
(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 article 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 article 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 state agency having jurisdiction 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 applicable state rules.
This article does not affect a reasonable local or state restriction on the maximum number of occupants permitted to occupy a dwelling or a restriction relating to health or safety standards.
(a) 
The city manager shall appoint a competent person as fair housing administrator who shall have the responsibility for implementing this article.
(b) 
The city manager shall provide the administrator sufficient staff support to perform his duties as required by this article.
(Code 1973, § 8-53(G); Code 1997, § 98.07; Ordinance 74-11, adopted 4/17/1974; Ordinance 83-68, adopted 8/17/1983)
(a) 
Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur (hereafter referred to as "person aggrieved") may file a complaint with the administrator. Any complaints shall be in writing and shall identify the person alleged to have committed or alleged to be about to commit the discriminatory housing practice and shall set forth the particulars thereof. The administrator is directed to prepare and adopt, from time to time, standard complaint forms and to furnish them upon request, without charge, to any person aggrieved. The administrator and employees of his office may assist in the clerical preparation of such complaints.
(b) 
The administrator shall receive and accept notification and referral of complaints from the secretary of housing and urban development pursuant to the provisions of Title VIII - Fair Housing Act, as amended, Public Law 90-284, 100 - 430, and shall treat such complaints in the same manner as complaints filed directly by the person aggrieved.
(c) 
If, in the course of any investigation as provided in section 24-64 on a complaint filed with or referred to the administrator, he shall receive credible evidence and shall have probable cause to believe that the persons named in such complaint has committed a discriminatory housing practice not stated in such complaint, the administrator may prepare and file a supplementary complaint upon his own and in his own name and such supplementary complaint shall thereafter be treated in the same manner as an original complaint filed by a person aggrieved.
(d) 
If at any time the administrator shall receive or discover credible evidence and shall have probable cause to believe that any persons have committed a discriminatory housing practice as to which no complaint has been filed nor is about to be 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) 
Upon the filing or referral of any complaint, the administrator shall furnish a copy of the same to the person or persons named in the complaint.
(f) 
A complaint under subsections (a) and (c) through (e) of this section shall be filed within 180 days after the alleged discriminatory housing practice occurred. Complaints shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against him and, with the leave of the administrator, which shall be granted whenever it would be reasonable and fair to do so, may amend his answer at any time. A copy of any amendment to a complaint or an answer shall be furnished to the opposing party. Both complaints and answers shall be signed by the person making them.
(Code 1973, § 8-53(H); Code 1997, § 98.08; Ordinance 74-11, adopted 4/17/1974; Ordinance 83-68, adopted 8/17/1983; Ordinance 95-15, adopted 3/15/1995)
(a) 
Upon the filing of a complaint as herein provided, the administrator shall cause to be made a prompt investigation of the matter stated in the complaint.
(b) 
In connection with such investigation, the administrator may question and take and record testimony and statements of such persons who appear and may examine, record, and copy documents which are produced.
(c) 
During or after the investigation, the administrator shall, if it appears that a discriminatory housing practice act has occurred, or is about to occur, attempt by informal endeavors to effect conciliation, including voluntary discontinuance or rectification of the discriminatory housing practice and voluntary compliance and adequate assurance of future voluntary compliance with the provisions of this article.
(d) 
In the event conciliation is effected, the administrator shall disclose nothing said or done in the course of such conciliation in such a way as to make public identification of the person or persons named in the complaint without the written consent of the persons concerned.
(Code 1973, § 8-53(I); Code 1997, § 98.09; Ordinance 74-11, adopted 4/17/1974; Ordinance 83-68, adopted 8/17/1983)
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, and if the administrator has concluded that a discriminatory housing practice has occurred, and the efforts of the administrator to secure voluntary compliance have been unsuccessful, the administrator shall certify in writing to the city attorney that such discriminatory housing practice has occurred and request the city attorney to forthwith prosecute such violation in the municipal court of the city.
(Code 1973, § 8-53(J); Code 1997, § 98.10; Ordinance 74-11, adopted 4/17/1974; Ordinance 83-68, adopted 8/17/1983)
(a) 
Upon certification by the administrator, the city attorney shall, within 30 days, institute a charge in municipal court and prosecute the same to final conclusion as rapidly as practicable.
(b) 
It is the intent of this chapter to increase the available remedies which citizens may have to ensure their rights under federal, state, or local statutory or case law. Therefore nothing in this article shall be construed as an administrative prerequisite to a citizen pursuing rights under any other federal, state, or local statute, case decision, or administrative ruling.
(Code 1973, § 8-53(K); Code 1997, § 98.11; Ordinance 74-11, adopted 4/17/1974; Ordinance 83-68, adopted 8/17/1983)
(a) 
In order to further the objectives of this article, the administrator may conduct educational public information programs, including, but not limited to, the following:
(1) 
The making of studies appropriate to effectuate the purposes and policies of this article, and the making of the results of such studies available to the public.
(2) 
The conducting of seminars, conferences, institutes, and symposia for the purpose of providing information and advice which will further the aims and objectives of this article.
(3) 
The publication and dissemination of information concerning equal housing opportunities in the city.
(b) 
The city manager may contract with other entities to provide the services and goods authorized under this article. Such entities may include private individuals or organizations and federal, state, regional, or local governments or their agencies.
(Code 1973, § 8-53(L); Code 1997, § 98.12; Ordinance 74-11, adopted 4/17/1974; Ordinance 83-68, adopted 8/17/1983)
The administrator is authorized and encouraged to cooperate with the secretary of housing and urban development pursuant to the provisions of Title VIII - Fair Housing Act as amended, Public Law 90-284, 100 - 430, and may render such service to the secretary as they shall deem appropriate to further the policies of this article; the city manager may accept reimbursement from the secretary for services rendered to assist him in carrying out the provisions of the above cited federal law.
(Code 1973, § 8-53(M); Code 1997, § 98.13; Ordinance 74-11, adopted 4/17/1974; Ordinance 83-68, adopted 8/17/1983; Ordinance 95-15, adopted 3/15/1995)
It shall be unlawful for any person, whether or not acting under color of law, by force or threat of force to injure, intimidate, or interfere with, or attempt to injure, intimidate, or interfere with:
(1) 
Any person because of his race, color, religion, sex, national origin, disability, or familial status and because he is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings.
(2) 
Any person because he is or has been or in order to intimidate such person or any other person or class of persons from:
a. 
Participating, without discrimination on account of race, color, religion, sex, national origin, disability, or familial status, in any of the activities, services, organizations, or facilities described in subsection (a) of this section; or
b. 
Affording another person or class of persons opportunity or protection so to participate.
(3) 
Any person because he is or has been, or in order to discourage such persons or any other person from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, national origin, disability, or familial status, participating, in any of the activities, services, organizations, or facilities described in subsection (a) of this section, or participating lawfully in speech or peaceable assembly opposing any denial of the opportunity to so participate.
(Code 1973, § 8-53(N); Code 1997, § 98.14; Ordinance 74-11, adopted 4/17/1974; Ordinance 83-68, adopted 8/17/1983; Ordinance 95-15, adopted 3/15/1995)