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(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)
(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 chapter, the administrator may request the city attorney to 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 shall 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. (Ord. 20780)
(a) During the period beginning with the filing of a complaint and ending with the issuance of a charge under Section 20A-12, the dismissal of the complaint under Section 20A-13, 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 a 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 approval of the administrator who shall indicate approval by signing the agreement. A 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 gives 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 prosecution in Subsection (b);
(2) an identification of the housing accommodation subject to the conciliation agreement; and
(3) a statement that each party entering into the conciliation agreement agrees:
(A) not to violate this chapter 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 Subsection (a) 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 20A-4(d):
(i) Unless the discriminatory housing practice involves a violation of Section 20A-4(c)(1), the activity report must state, with respect to each person of the specified class (the race, color, sex, religion, handicap, familial status, national origin, or source of income 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 renting 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 20A-4(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 chapter 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 chapter. 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:
(1) the respondent fails or refuses to confer with the administrator;
(2) the aggrieved person or the respondent fails to make a good faith effort to resolve any dispute; or
(3) the administrator finds, for any reason, that voluntary agreement is not likely to result. (Ord. Nos. 13456; 14809; 20652; 20780; 30246)
(a) A person commits an offense if, after the person executes a conciliation agreement under Section 20A-10, he violates any term or condition contained in the agreement.
(b) It is no defense to criminal prosecution 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 20A-10:
(1) the respondent did not commit the discriminatory housing practice; or
(2) the administrator did not have probable cause to believe the discriminatory housing practice was committed.
(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 20A-14 for the enforcement of the agreement. The administrator shall also file a criminal action in municipal court for a violation of the agreement. (Ord. Nos. 13456; 14809; 20652; 20780)
(a) Upon notification by the administrator that a conciliation agreement has not been executed by the complainant and the respondent and approved by the administrator in accordance with Section 20A-10, the city attorney, within the time limits set forth in Subsection (b), shall 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 shall 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 impracticable to do so. If the city attorney is unable to make the 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) A charge issued by the administrator:
(1) shall consist of a short and plain written statement of the facts upon which the city attorney has found reasonable cause to believe that a discriminatory housing practice has occurred;
(2) shall be based on the final investigative report; and
(3) need not be limited to the facts or grounds alleged in the complaint filed under Section 20A-7 of this chapter.
(e) If the city attorney determines 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 upon 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 state district court for an 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 issued by the administrator or a civil action may not be brought or maintained by the city attorney because of the 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. (Ord. Nos. 13456; 14809; 20652; 20780; 21055)
(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 chapter;
(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 aggrieved person if different from the complainant; or
(2) within 10 days after receipt of a statement of no reasonable cause from the city attorney.
(b) A criminal action may be dismissed by a municipal 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 20A-10 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 complaint, 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. (Ord. Nos. 13456; 14809; 20652; 20780)
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