The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:
"Aggrieved person"
Includes any person who:
(1) 
Claims to have been injured by a discriminatory housing practice; or
(2) 
Believes that he/she will be injured by a discriminatory housing practice that is about to occur.
"Complainant"
A person, including the Fair Housing Officer for the City of Murphy, who files a complaint under § 24.12.008 of this article.
"Disability"
With respect to a person:
(1) 
A physical or mental impairment which substantially limits one or more of such person's major life activities;
(2) 
A record of having such an impairment; or
(3) 
Being regarded as having such an impairment; but such term does not include current, illegal use of or addiction to a controlled substance as defined under state or federal law.
"Discriminatory housing practice"
An act prohibited by § 24.12.002 of this article.
"Dwelling"
Any building, structure or part of a building or structure that is occupied as or designed or intended for occupancy as a residence by one or more families; or any vacant land that is offered for sale or lease for the construction or location of a building, structure or part of a building or structure designed or intended for occupancy as a residence by one or more families.
"Fair housing act"
The federal Fair Housing Act, 42 U.S.C. § 3601, et seq, as amended, (1977 & Supp. 1994).
"Fair housing officer" (FHO)
The City Manager or her designated representative authorized to administer the provisions of this article.
"Familial status"
The status of a person resulting from being:
(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;
(B) 
Has the written permission of the parent or legal custodian for domicile with that person; or
(C) 
Is in the process of obtaining legal custody of any individual younger than 18 years of age.
"Family"
Includes a single individual.
"Person"
Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under U.S.C. Title 11, receivers and fiduciaries.
"Respondent"
The person or other entity accused in a complaint of an unfair housing practice.
"Secretary"
The Secretary of the United States Department of Housing and Urban Development.
"To Rent"
To lease, to sublease, to let or to otherwise grant for a consideration the right to occupy premises not owned by the occupant.
[Ordinance 26-01-1403 adopted 1/20/2026]
(a) 
Sale or rental of housing.
A person engages in a prohibited discriminatory act if because of race, color, religion, sex, disability, familial status, or national origin, the person:
(1) 
Refuses to sell or to rent after the making of a bona fide offer;
(2) 
Refuses to negotiate for the sale or rental of, or otherwise makes unavailable or denies a dwelling to a person; or
(3) 
Discriminates 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.
(b) 
Sale or rental of housing - discrimination based on disability.
(1) 
A person engages in a prohibited discriminatory act if the person discriminates in the sale or rental, or otherwise makes unavailable or denies, a dwelling to any buyer or renter because of a disability of:
(A) 
That buyer or renter;
(B) 
A person residing in or intending to reside in that dwelling after it is sold, rented or made available; or
(C) 
Any person associated with that buyer or renter.
(2) 
For purposes of this subsection, discrimination includes:
(A) 
A refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises. Except, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; or
(B) 
A refusal to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.
(3) 
Nothing in this article shall be construed to invalidate or limit any ordinance of the City of Murphy from requiring dwellings to be designed and constructed in a manner that affords persons with disabilities greater access than is required by this article.
(4) 
Nothing in this subsection requires that a dwelling 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.
(c) 
Other prohibited discriminatory acts.
(1) 
Publication.
A person may not make, print or publish or cause to be made, printed or published any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion, sex, disability, familial status, or national origin, or an intention to make such a preference, limitation or discrimination.
(2) 
Inspection.
A person may not, because of race, color, religion, sex, disability, familial status, or national origin, represent to any person that a dwelling is not available for inspection, sale or rental when the dwelling is available for inspection, sale or rental.
(3) 
Entry into neighborhood.
A person may not, for profit, induce or attempt to induce, a person 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.
(4) 
Residential real estate related transactions.
(A) 
A person whose business includes engaging in residential real estate related transactions may not discriminate against a person 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, "residential real estate related transaction" means any of the following:
(i) 
The making or purchasing of loans or providing other financial assistance;
a. 
For purchasing, construction, improving, repairing or maintaining a dwelling; or
b. 
Secured by residential real estate;
(ii) 
The selling, brokering or appraising of residential real property.
(5) 
Brokerage services.
A person may not deny any person 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, or familial status, national origin.
[Ordinance 26-01-1403 adopted 1/20/2026]
(a) 
Certain sales and rentals exempted.
(1) 
The following transactions are exempt from all provisions of § 24.12.002, except § 24.12.002(c)(1):
(A) 
The sale or rental of a single-family house sold or rented by an owner is exempt if:
(i) 
The owner does not:
a. 
Own more than three single-family houses at any one time; or
b. 
Own any interest in, nor is there owned or reserved on his/her 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
(ii) 
The house was sold or rented without:
a. 
The use in any manner of the sales or rental facilities or the sale or rental services of a 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; and
b. 
Such house is sold or rented without the publication, posting or mailing, after notice, of any advertisement or written notice, of any advertisement or written notice in violation of § 24.12.002(c)(1) of this article.
(B) 
The exemption of Subsection (a)(1)(A) shall exempt only one such sale within any twenty-four (24) month period where:
(i) 
A single-family house is sold by a private individual owner:
a. 
Who did not reside in the house at the time of the sale; or
b. 
Who was not the most recent resident of the house prior to sale.
(C) 
The sale or rental of rooms or units in a dwelling containing living quarters occupied or intended to be occupied by no more than four families living independently of each other is exempt if the owner actually maintains and occupies one of the living quarters as the owner's residence.
(2) 
Nothing in this section shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer title.
(b) 
Business of selling or renting dwellings defined.
For the purpose of this section, a person shall be deemed to be in the business of selling or renting dwellings if:
(1) 
The person has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;
(2) 
The person has, within the preceding 12 months, participated as agent, other than in the sale of his/her own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or
(3) 
The person is the owner of any dwelling designed or intended for occupancy by, or occupied by five or more families.
[Ordinance 26-01-1403 adopted 1/20/2026]
(a) 
The provisions of this article relating to familial status do not apply to housing for older persons.
(b) 
In this section, "housing for older persons" means:
(1) 
Housing provided under any state or federal program that the Secretary of HUD determines is specifically designed and operated to assist elderly persons, as that term is defined in the state or federal program;
(2) 
Housing intended for, and solely occupied by persons 62 years of age or older; or
(3) 
Housing intended and operated for occupancy by at least one person 55 years of age or older per unit. As determined by regulations developed by the Secretary of HUD, the following minimum requirements must be present for the dwelling(s) to qualify as housing for older persons:
(A) 
The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons; or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons;
(B) 
That at least 80% of the units are occupied by at least one person 55 years of age or older per unit; and
(C) 
The publication of and adherence to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.
(c) 
Housing shall not fail to meet the requirements for classification as housing for older persons by reason of:
(1) 
The presence of persons residing in such housing who do not meet the age requirements of Subsection (b)(2) or (3) and who were in residence as of September 13, 1988. New occupants of such housing must meet the age requirements of Subsection (b)(2) or (3); or
(2) 
The presence of unoccupied units where such units are reserved for occupancy by persons who meet the age requirements of Subsection (b)(2) or (3).
[Ordinance 26-01-1403 adopted 1/20/2026]
(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, sex, or national origin.
(b) 
Subsection (a) does not apply to the sale, rental, or occupancy of a dwelling that is a single-family house, duplex, triplex, or quadruplex located on a subdivided lot in a parcel of land 25 acres or greater owned by 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.
(c) 
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.
[Ordinance 26-01-1403 adopted 1/20/2026]
(a) 
This article does not affect any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling or relating to health or safety standards.
(b) 
This article does not affect any requirement of nondiscrimination in any other local, state or federal law.
[Ordinance 26-01-1403 adopted 1/20/2026]
(a) 
Duties.
It shall be the duty of the City's Fair Housing Officer (FHO) to implement the provisions of this article and to facilitate compliance with its provisions. The FHO shall perform this duty in accordance with the policy directives of the City Council, and may recommend rules and regulations to aid in the implementation and facilitation of the Fair Housing Policy of the City of Murphy, such rules and regulations being subject to the approval of the City Council.
(b) 
Cooperation with state and federal agencies.
(1) 
The Fair Housing Officer 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.C. § 3601, et seq., as amended, and may assist the Secretary or Attorney General in any way consistent with the policy of this article.
(2) 
The Fair Housing Officer is encouraged to cooperate with the Texas Commission on Human Rights in the enforcement of the Texas Fair Housing Act,[1] and may assist the Texas Commission on Human Rights in any way consistent with the policy of this article.
[1]
Editor's Note—See Texas Property Code, chapter 301.
[Ordinance 26-01-1403 adopted 1/20/2026]
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 the 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, religion, sex, disability, familial status, or national origin).
[Ordinance 26-01-1403 adopted 1/20/2026]
(a) 
An aggrieved person, or any authorized representative of an aggrieved person, may file a complaint with the Fair Housing Officer no later than one year after an alleged discriminatory housing practice has occurred or terminated.
(b) 
A complaint may be filed by the FHO with the Department of Housing and Urban Development no later than one year after an alleged discriminatory housing practice has occurred or terminated, if the FHO has reasonable cause to believe that a person has committed a discriminatory housing practice.
(c) 
Upon the filing of a complaint, the FHO 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.
[Ordinance 26-01-1403 adopted 1/20/2026]
Upon the receipt of information from any person attempting to obtain housing within the City of Murphy that a discriminatory act or practice has occurred, the Fair Housing Officer may provide the complainant with information and assistance in the filing of a discrimination complaint as requested by such aggrieved person.
[Ordinance 26-01-1403 adopted 1/20/2026]
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. An aggrieved person may seek a private enforcement remedy as allowed by Section 3613 of the Fair Housing Act.[1]
[Ordinance 26-01-1403 adopted 1/20/2026]
[1]
Editor's Note—See 42 U.S.C. § 3613.
Relief granted under § 24.12.011 does not affect a contract, sale, encumbrance or lease that:
(1) 
Was consummated before the granting of the relief; and
(2) 
Involved a bona fide purchaser, encumbrancer or tenant who did not have actual notice of the filing of a complaint under this article or a civil action filed under the authority of the Fair Housing Act.
[Ordinance 26-01-1403 adopted 1/20/2026]
It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of his/her having exercised or enjoyed, or on account of his/her having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this article, including the giving of testimony or provision of information in aid of investigation or discovery under this article.
[Ordinance 26-01-1403 adopted 1/20/2026]
(a) 
A person who violates a provision of § 24.12.002 of this article commits a misdemeanor criminal offense. A person is guilty of a separate offense for each day or part of a day during which a violation is committed, continued or permitted.
(b) 
A criminal offense under this article is punishable in Municipal Court. An offense is punishable by fine only, and the amount of fine assessed shall not exceed $500.
[Ordinance 26-01-1403 adopted 1/20/2026]
If any provision of this article or the application thereof to any person or circumstance is held invalid, the remainder of the article and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby.
[Ordinance 26-01-1403 adopted 1/20/2026]