(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)