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In accordance with Section 250.007(c) of the Texas Local Government Code, as amended, the city hereby creates and implements the following voluntary program to encourage acceptance of housing vouchers, including vouchers directly or indirectly funded by the federal government.
(a) Subsidy or financial award. All housing accommodations that benefit from a subsidy or financial award, as defined in Section 20A-3, approved by the city council on or after the effective date of this ordinance must:
(1) not discriminate against holders of any housing vouchers, including vouchers directly or indirectly funded by the federal government; and
(b) Financial award. Multifamily housing accommodations that benefit from a financial award approved by the city council on or after the effective date of this ordinance must make best efforts to lease up to 10 percent of the dwelling units to holders of housing vouchers, including vouchers directly or indirectly funded by the federal government, for a minimum of 15 years from the date of the initial issuance of the housing accommodation's certificate of occupancy. Multifamily has the meaning assigned in Section 51A-4.209
(b)(5) of the Dallas Development Code, as amended. In this section, best efforts means compliance with Section 20A-4.1
(a), compliance with the incentive agreement related to the financial award, and submission of the evidence of compliance to the director of the department administering the financial award. (Ord. Nos. 30246
; 32195
)
(a) It is a defense to criminal prosecution or civil action under Section 20A-4 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, national origin, or source of income.
(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:
(i) discrimination other than on the basis of sex; or
(ii) a sale of the housing accommodation; or
(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:
(i) the organization owns, controls, or manages the housing accommodation for a commercial purpose; or
(ii) the offense involves a sale of the housing accommodation; or
(2) compliance with this chapter would violate a federal, state, or local law restricting the maximum number of occupants permitted to occupy a dwelling unit.
(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 20A-4 as it relates to handicap that occupancy of a housing accommodation by the aggrieved person would constitute a direct threat to the health or safety of another person or result in physical damage to another person’s property.
(d) It is a defense to criminal prosecution or civil action under Section 20A-4 as it relates to familial status that the housing accommodation is:
(1) provided under a state or federal program that is specifically designed 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.
(e) It is a defense to criminal prosecution or civil action under Section 20A-4(d) that the person, in the purchasing of 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, national origin, or source of income.
(f) It is a defense to criminal prosecution under Section 20A-4 that the aggrieved person has been convicted 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.
(g) It is a defense to criminal prosecution under Section 20A-4(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, national origin, or source of income.
(1) the minimum required percentage or number of reserved dwelling units as defined in Section 20A-24, as required by the applicable zoning district;
(2) the minimum required percentage or number of affordable dwelling units, as required by the subsidy or financial award; or
(3) if neither (1) nor (2) applies, at least 10 percent of the dwelling units in a multifamily use, as defined in Section 51A-4.209(b)(5) of the Dallas Development Code, as amended.
(i) Nothing in this chapter 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
(a) The administrator shall implement and enforce this chapter 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.C. § 3601, et seq., as amended, and may assist the secretary or attorney general in any way consistent with the policy of this chapter. The administrator is encouraged to cooperate with the Texas Commission on Human Rights in the enforcement of the Texas Fair Housing Act, Article 1f, Vernon’s Texas Revised Civil Statutes, as amended, and may assist the commission in any way consistent with the policy of this chapter.
(c) The administrator may order discovery in aid of investigations under this chapter. 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. (Ord. Nos. 13456; 14809; 17393; 20652; 20780)
(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 an 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. § 3601, et seq., as amended, or by the Texas Commission on Human Rights under the Texas Fair Housing Act, Article 1f, Vernon’s Texas Revised Civil Statutes, as amended, as a complaint filed under Subsection (a). No action will be taken under this chapter 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 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, sex, religion, handicap, familial status, national origin, or source of income).
(d) Upon the filing of a 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 chapter.
(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 the aggrieved person under this chapter.
(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. The answer must be in writing, made under oath or affirmation, and contain the following information:
(1) Name, address, telephone number, and signature of the respondent or the respondent’s attorney, if any.
(2) Concise statement of facts in response to the allegations in the complaint and facts of any defense or exemption.
(g) A complaint or answer may be amended at any time before the administrator notifies the city attorney under Section 20A-12 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 the 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 20A-12 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 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. (Ord. Nos. 13456; 14809; 20652; 20780; 30246)
(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:
(1) obtain access to premises, records, documents, individuals, and any other possible source of information;
(2) examine, record, and copy necessary materials; and
(3) take and record testimony or statements of any person reasonably necessary for the furtherance of the investigation.
(c) The administrator, in consultation with the city attorney, may, at the administrator's discretion or at the request of the respondent, the complainant, or the aggrieved person if different from the complainant, issue a subpoena or subpoena duces tecum to compel the attendance of a witness or the production of relevant materials or documents in accordance with Section 2-8 of Chapter 2 of the city code. 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 20A-12, a conciliation agreement is executed and approved under Section 20A-10, or the complaint is dismissed under Section 20A-13. 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 chapter.
(f) The administrator shall prepare a final investigative report showing:
(1) the names of and dates of contact with witnesses;
(2) a summary, including dates, of correspondence and other contacts with the aggrieved person and the respondent;
(3) a summary description of other pertinent records;
(4) a summary of witness statements; and
(5) answers to interrogatories. (Ord. Nos. 13456; 14809; 20652; 20780; 32157)
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