The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
AGENCY. The diversity and inclusion department and its staff supervised by its director.
AGGRIEVED PERSON. Includes any person who:
(1) Claims to have been injured by a discriminatory housing practice; or
(2) Believes that he or she will be injured by a discriminatory housing practice that is about to occur.
COMMISSION. The Fort Worth human relations commission.
COMMITTEE. The housing committee of the Fort Worth human relations commission.
COMPLAINANT. A person, including the director or the commission, who files a complaint under § 17-90 of this division.
CONCILIATION. The attempted resolution of issues raised by a complainant or by the investigation of the complaint, through informal negotiations involving the aggrieved person, the respondent and the director.
CONCILIATION AGREEMENT. A written agreement setting forth the resolution of the issues in conciliation.
DIRECTOR. The individual designated by the city manger as director of the diversity and inclusion department, or the director’s designee.
DISABILITY.
(1) DISABILITY means, with respect to a person:
a. A physical or mental impairment which substantially limits one or more of such person’s major life activities;
b. A record of having such an impairment; or
c. 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.
(2) DISCRIMINATION ON THE BASIS OF DISABILITY means:
a. To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of:
1. That 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 that buyer or renter.
b. For purposes of this definition,
DISCRIMINATION includes:
1. 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 that, 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;
2. 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; or
3. In connection with the design and construction of covered multifamily dwellings for first occupancy after March 12, 1991, a failure to design and construct those dwellings in a manner that:
i. The public use and common use portions of such dwellings are readily accessible to and usable by persons with disabilities;
ii. All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by persons in wheelchairs; and
iii. All premises within such dwellings contain the following features of adaptive design:
A. An accessible route into and through the dwelling;
B. Light switches, electrical outlets, thermostats and other environmental controls in accessible locations;
C. Reinforcements in bathroom walls to allow later installation of grab bars; and
D. Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
c. Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for people with physical disabilities (commonly cited as “ANSI-A117.1") suffices to satisfy the requirements of subsection (2)(b)(3) above.
d. COVERED MULTI-FAMILY DWELLING means:
1. Buildings consisting of four or more units if such buildings have one or more elevators; and
2. Ground floor units in other buildings consisting of four or more units.
e. Nothing in this division shall be construed to invalidate or limit any law of a state or political subdivision of a state, or other jurisdiction in which this division shall be effective that requires dwellings to be designed and constructed in a manner that affords persons with disabilities greater access than is required by this division.
f. Nothing in this subsection (2)f. of this definition 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.
DISCRIMINATORY HOUSING PRACTICE. An act prohibited by § 17-88 of this division.
DWELLING.
(1) 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
(2) 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 described by subsection (1) immediately above.
FAMILIAL STATUS. In this division, 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;
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 an individual younger than 18 years of age.
FAMILY. Includes a single individual or group of individuals living together under one common roof.
GENDER EXPRESSION. A person’s external characteristics and behaviors including, but not limited to, dress, grooming, mannerisms, speech patterns and social interactions that are socially identified with a particular gender.
GENDER IDENTITY. A person’s innate, deeply felt sense of gender, which may or may not correspond to the person’s body or sex listed on their original birth certificate.
PERSON. Includes an individual, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity.
RESPONDENT.
(1) The person accused in a complaint of discriminatory housing practice; or
(2) Any person identified as an addition or substitute respondent under § 17-90 of this division.
TO RENT. Includes to lease, to sublease, to let or to otherwise grant for a consideration the right to occupy premises not owned by the occupant.
TRANSGENDER. A person who experiences and/or expresses their gender differently from conventional or cultural expectations including, but not limited to those who express a gender that does not match the sex listed on their original birth certificate or who physically alter their sex.
(Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 16032, § 1, passed 7-13-2004; Ord. 18909-11-2009, § 1, passed 11-10-2009; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)