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(a) Pursuant to the authority stated in Texas Local Government Code § 214.903, these ordinances related to fair housing are hereby adopted.
(b) 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 his or her race, color, religion, national origin, sex, disability, familial status, sexual orientation, transgender, gender identity or gender expression.
(c) 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 his or her own choice without regard to race, color, religion, national origin, sex, disability, familial status, sexual orientation, transgender, gender identity or gender expression; and further, that the denial of such rights through considerations based upon race, color, religion, national origin, sex, disability, familial status, sexual orientation, transgender, gender identity or gender expression is detrimental to the health, safety and welfare of the inhabitants of the city and constitutes an unjust denial or deprivation of such inalienable right which is within the power and the proper responsibility of government to prevent.
(Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; 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)
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)
(a) Sale or rental.
(1) A person may not refuse to sell or to rent after the making of a bona fide offer, refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion, sex, disability, familial status, national origin, sexual orientation, transgender, gender identity or gender expression.
(2) A person may not discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental, because of race, color, religion, sex, disability, familial status, national origin, sexual orientation, transgender, gender identity or gender expression.
(b) 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, national origin, sexual orientation, transgender, gender identity or gender expression, or an intention to make such a preference, limitation or discrimination.
(c) Inspection. A person may not represent to any person because of race, color, religion, sex, disability, familial status, national origin, sexual orientation, transgender, gender identity or gender expression that a dwelling is not available for inspection for sale or rental when the dwelling is available for inspection, sale or rental.
(d) 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, national origin, sexual orientation, transgender, gender identity or gender expression.
(e) Residential real estate related transaction.
(1) 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, national origin, sexual orientation, transgender, gender identity or gender expression.
(2) In this section,
RESIDENTIAL REAL ESTATE RELATED TRANSACTION means any of the following:
a. The making or purchasing of loans or providing other financial assistance:
1. For purchasing, construction, improving, repairing or maintaining a dwelling; or
2. Secured by residential real estate.
b. The selling, brokering or appraising of residential real property.
(f) 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, familial status, national origin, sexual orientation, transgender, gender identity or gender expression.
(Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; 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)
(a) Housing for older persons exempted.
(1) The provisions of this division relating to familial status do not apply to housing for older persons.
(2) In this section
HOUSING FOR OLDER PERSONS means housing:
a. That the Secretary of the United States Department of Housing and Urban Development determines is specifically designed and operated to assist elderly persons under a federal or state program;
b. Intended for, and solely occupied by, persons 62 years of age or older; or
c. Intended and operated for occupancy by at least one person 55 years of age or older per unit as determined by the Secretary of the United States Department of Housing and Urban Development. To the extent that such a determination falls within the jurisdiction of the commission, the following factors at minimum must be present for the dwelling(s) to qualify for the exemption:
1. 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; and
2. That at least 80% of the units are occupied by at least one person 55 years of age or older per unit; and
3. 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.
(b) Certain sales and rentals exempted.
(1) Subject to subsection (b)(2) below, § 17-88 does not apply to:
a. The sale or rental of a single-family house sold or rented by an owner if:
1. The owner does not:
i. Own more than three single-family houses at any one time; or
ii. Own any interest in, nor is there owned or reserved on his or 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.
2. The house was sold or rented without:
i. The use of the sales or rental facilities or services of a real estate broker, agent or salesman licensed under state law, or of an employee or agent of a licensed broker, agent or salesman, or the facilities or services of the owner of a dwelling designed or intended for occupancy by five or more families; or
ii. The publication, posting or mailing of a notice, statement or advertisement prohibited by § 17-88.
b. 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 if the owner maintains and occupies one of the living quarters as the owner’s residence.
(2) The exemption of subsection (b)(1)(a)1. of this section applies to only 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.
(c) Religious organization, nonprofit organization and private club exemption.
(1) This division 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:
a. 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
b. Giving preference to persons of the same religion, unless membership in the religion is restricted because of race, color or national origin.
(2) This division does not prohibit a private club not open to the public 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 that lodging to its members or from giving preference to its members.
(d) Appraisal exemption. This division does not prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, sex, disability, familial status, national origin, sexual orientation, transgender, gender identity or gender expression.
(e) Effect on other law.
(1) This division does not affect reasonable maximum safe occupancy regulations for dwellings.
(2) This division does not affect any requirement of nondiscrimination in any other local, state or federal law.
(Ord. 11075, § 1, passed 4-21-1992; Ord. 11384, § 1(A), passed 8-17-1993; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; 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)
(a) It is the intention of the city council that the diversity and inclusion department and its staff supervised by its director shall be the agency (the “agency”) authorized to enforce the provisions of this division under the supervision of the city manager or his or her designee as provided under § 2 of Chapter V of the Charter, as further provided hereinafter, and as further provided under state and federal law.
(b) The director 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 division. The director is encouraged to cooperate with the Civil Rights Division of the Texas Workforce Commission in the enforcement of the Texas Fair Housing Act, and may assist the civil Rights Division of the Texas Workforce Commission in any way consistent with the policy of this division.
(c) The director may order discovery in aid of investigations under this division. 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 Texas State District Court.
(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. 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)
(a) An aggrieved person, or any authorized representative of an aggrieved person, may file a complaint with the director not later than one year after an alleged discriminatory housing practice has occurred or terminated. A complaint may also be filed by the director, not later than one year after an alleged discriminatory housing practice has occurred or terminated, if the director has reasonable cause to believe that a person has committed a discriminatory housing practice.
(b) The director 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 Civil Rights Division of the Texas Workforce Commission under the Texas Fair Housing Act, Texas Property Code, Chapter 301, as amended, as a complaint filed under subsection (a) above. No action will be taken under this division 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; and
(6) Concise statement of the facts of the discriminatory housing practice, including the basis of the discrimination (race, color, sex, religion, disability, familial status, national origin, sexual orientation, transgender, gender identity or gender expression).
(d) Upon the filing of a complaint, the director 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 division.
(e) Not more than ten days after the filing of a complaint, the director 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 ten 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 division.
(f) Not later than the tenth day after service of the notice and copy of the complaint, unless an extension is granted by the director, 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; and
(2) Concise statement of facts in response to the allegations in the complaint and facts of any defense or exemption.
(3) Advise that retaliation against any person who files a complaint or assists or otherwise participates in the investigation of a complaint is a discriminatory housing practice.
(g) A complaint or answer may be amended at any reasonable time prior to a determination as to reasonable cause as hereinafter provided. The director shall furnish a copy of each amended complaint, to the respondent and complainant, and any aggrieved person if different from the complainant, as promptly as is practicable.
(h) The director may not disclose or permit to be disclosed to the public the identity of a respondent 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 director shall notify the complainant, the aggrieved person if different from the complainant, and the respondent, in writing, of the reasons for the delay.
(Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; 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)
(a) Not more than 30 days after the filing of a complaint by an aggrieved person or by the director, the director 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 director 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 director may, at the director’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 attendance of a witness or the production of relevant materials or documents, pursuant to the authority of the city under Chapter V, § 7 of the City Charter. Failure to comply with a subpoena issued under this subsection (c) is a criminal offense and is punishable as provided by ordinance.
(d) An investigation shall remain open until as provided in this division, a determination as to reasonable cause is made, a conciliation agreement is executed and approved or the complaint is dismissed. Unless impracticable to do so, the director shall complete the investigation within 100 days after the date of filing of the complaint. If the director is unable to complete the investigation within the 100-day period, the director shall notify the complainant, the aggrieved party if different from the complainant, and respondent, in writing, of the reasons for the delay.
(e) This section does not limit the authority of the director to conduct such other investigations or to use such other enforcement procedures, otherwise lawful, as the director considers necessary to enforce this chapter.
(f) The director 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.
(g) Prohibitions and requirements with respect to disclosure of information.
(1) Nothing said or done, or documents produced, in the course of conciliation efforts under this division may be made public or used as evidence in a subsequent proceeding without the written consent of the persons involved.
(2) Notwithstanding paragraph (a), the director shall make available to the aggrieved person and the respondent, at any time, upon request following the completion of the investigation, information derived from an investigation and any final investigative report relating to that investigation.
(Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; 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)
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