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(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)
(a) If at any time following the filing of a complaint the director concludes that prompt judicial action is necessary to carry out the purposes of this division, the director may request the city attorney to initiate a civil action in the state district court of Tarrant County, Texas for appropriate temporary or preliminary relief pending final disposition of the complaint.
(b) On receipt of the director’s request, the city attorney shall promptly file the action in the state district court. Venue is in Tarrant 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. 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)
(a) During the period beginning with the filing of a complaint and ending with the issuance of a charge, the dismissal of the complaint, or the dismissal of the criminal action in municipal court, the director shall try to conciliate the complaint. In conciliating a complaint, the director 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 director issue a charge against a party, for the discriminatory housing practice specified in the agreement under subsection (d)(1) below unless the director 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 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 director who shall indicate approval by signing the agreement. 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) above and the identification of any other discriminatory housing practice and the respondent that the parties agree to make subject to the limitation on prosecution of subsection (b) above;
(2) An identification of the housing accommodation subject to the conciliation agreement; and
(3) A statement that each party entering into conciliation agreement agrees:
a. Not to violate this chapter or the conciliation agreement; and
b. That the respondent shall file with the director a periodic activity report, if required by the terms of the conciliation agreement and/or any applicable state or federal laws or regulations.
1. The party who prepares the activity report must sign and verify the report.
2. An activity report must be filed each month on the date specified in the conciliation agreement for the period specified by the conciliation agreement, or by applicable law or regulations if different.
(e) In addition to the requirements of subsection (d) above, 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 or done, or documents produced, during the course of conciliation efforts 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 or the respondent requests nondisclosure and the director determines that disclosure is not required to further the purposes of this division. Notwithstanding a determination that disclosure of a conciliation agreement is not required, the director 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 director shall terminate efforts to conciliate the complaint unless the court specifically requests assistance from the director. The director may also terminate efforts to conciliate the complaint if:
(1) The respondent fails or refuses to confer with the director;
(2) The aggrieved person or the respondent fails to make a good faith effort to resolve any dispute; or
(3) The director finds, for any reason, that voluntary agreement is not likely to result.
(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)
(a) A person commits an offense if, after the person executes a conciliation agreement under § 17-94, he or she materially 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 § 17-94:
(1) The respondent did not commit the discriminatory housing practice; or
(2) The director did not have probable cause to believe the discriminatory housing practice was committed.
(c) If the director determines that a conciliation agreement has been materially violated, the director shall give written notice to all parties subject to the agreement.
(d) When the director has reasonable cause to believe that respondent has materially breached a conciliation agreement, the director shall refer the matter to the city attorney’s office with a recommendation that a civil action be filed for the enforcement of the agreement. The director shall also file a criminal action in municipal court for a violation of the agreement.
(Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)
(a) Upon completion of the investigation and informal endeavors at conciliation by the director, but within 100 days of the filing of the complaint with the director and if conciliation has not been effected, the director may refer the matter complained of to the committee, together with the answer of the respondent, if any, and a full report of his or her investigation and activities in the matter.
(b) In lieu of a hearing before the committee as set out in § 17-96(c) below, a complainant, respondent or an aggrieved person on whose behalf a charge is filed, may elect in writing to have the claims asserted in the complaint decided in state district court provided in § 17-98 of this code or as provided for under Article II, §§ 2.06 and 2.08 of the Texas Fair Housing Act Texas Property Code, Chapter 301, as amended or any successor statute and Chapter 819 of the Texas Workforce Commission Civil Rights Division adopted rules. This election may be made at any reasonable time under the foregoing laws but must be made not later than 20 days after the receipt by the electing person of notice that a hearing under subsection (c) has been requested.
(c) The committee shall order a hearing if respondent or complainant requests same. If respondent or complainant does not request a hearing, same shall be deemed to have been waived and the committee shall direct the director to issue a determination of reasonable cause and a charge, if it finds the preponderance of the credible evidence so warrants.
(d) The commission shall adopt rules and procedures for the conduct of hearings. The hearing panel shall be appointed by the commission chair and include members of the human relations commission in whole or in part. Reasonable notice and opportunity for discovery shall be given to all parties. The hearing shall be conducted in a fair and impartial manner and shall be public as required by Tex. Government Code Chapter 551. Witnesses appearing at such hearing may be required to present testimony under oath or by solemn affirmation. Evidence of the matter alleged within the complaint may be presented by the city attorney or his or her assistant. The complainant, and the person or persons alleged to have committed or to be about to commit the discriminatory housing practice, may appear personally or by representative and with or without counsel and shall have the right to present proof and cross-examine witnesses in all matters relating to the complaint and subsequent related matters. If a person or persons alleged to have committed or to be about to commit a discriminatory housing practice shall fail to appear at the committee hearing either personally or by representative after notice as provided above, then such hearing shall be deemed waived by such person or persons.
(e) The hearing panel shall make such findings as a majority of its members deem are supported by the preponderance of the credible evidence. Such findings shall be in writing and shall be forwarded to the director together with the hearing panel’s determination that reasonable cause or no reasonable cause exists to believe that a discriminatory housing practice has been committed.
(f) A charge shall be issued by the director upon a panel finding of reasonable cause and:
(1) Shall consist of a short and plain written statement of the facts upon which the committee has found reasonable cause to believe that a discriminatory housing practice has occurred;
(2) Shall be based on the final investigative report, the evidence adduced at the hearing, if any; and
(3) Need not be limited to the facts or grounds alleged in the complaint filed with the commission under this division.
(g) Any charge issued by the director will be forwarded within ten days to the city attorney for action as hereinafter provided. Copies of the charge will be served on the complainant, the aggrieved person, if different from the complainant, and any respondents.
(h) The director 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 director 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 director shall notify the complainant, the aggrieved person if different from the complainant, and any respondents, in writing.
(i) Any final action, together with the findings or orders thereon, of the hearing panel, commission and/or the director are subject to judicial review as provided by state law.
(Ord. 11075, § 1, passed 4-21-1992; Ord. 11167, § 1(A), passed 9-8-1992; Ord. 11384, § 1(B), passed 8-17-1993; 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) A complaint may be dismissed by the director during the investigation and prior to referral to the committee when the director determines that:
(1) The complaint was not filed within the required time period;
(2) The location of the alleged discriminatory housing practice is not within the city’s jurisdiction;
(3) The alleged discriminatory housing practice is not a violation of this division;
(4) The complainant or aggrieved person refuses to cooperate with the director in the investigation of the complaint or enforcement of the executed conciliation agreement;
(5) The complainant, or the aggrieved person if different from the complainant, cannot be located after the director has performed a reasonable search; or
(6) A conciliation agreement has been executed by the respondent, complainant and aggrieved person if different from the complainant.
(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 before the trial begins in municipal court.
(c) The director 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.
(d) The complainant may appeal a no reasonable cause determination to the commission within 20 days of the date the determination is signed by the director by filing a written statement of appeal with the director. If a complainant expresses a desire to file an appeal, the director must allow the complainant reasonable access to review, but not copy, non-confidential materials in the case file. The determination of what is considered confidential shall be made by the director or director’s designee.
(1) The director must receive the written statement within 20 days of the date that the decision was issued. If the director does not receive the written appeal within 20 days the case will be dismissed and the same shall be entered on the records of the department.
(2) The only grounds for appeal of a no reasonable cause decision is that the evidence in the case file does not support the no reasonable cause decision. The appeal letter must contain a written statement describing the reasons for the appeal, a description of the evidence in the case file that the complainant believes the commission should consider, and why consideration of that evidence should have resulted in a reasonable cause determination.
(e) The director shall promptly notify the commission and respondent of the appeal. Within 10 days after being notified of the appeal, the respondent can file a statement of why the no reasonable cause decision should be upheld. The respondent will not be granted access to review the materials in the case file.
(f) The commission can only consider whether the evidence in the case file supports the director’s finding. The commission does not re-investigate the complaint or look at new information.
(g) The commission shall promptly consider and act upon such appeal by (1) affirming the director’s determination; (2) reversing the decision and directing the director to enter a cause determination; or (3) if the commission believes the director should investigate further, remand the complaint to the director with a request for specific further investigation.
(h) In the event no appeal is taken, or such appeal results in affirmance or if the commission has not decided the appeal within 60 days from the date the appeal statement is filed, the determination of the director shall be final and the complaint deemed dismissed and the same shall be entered on the records of the department. Any party aggrieved by the final dismissal may appeal the order to an appropriate court.
(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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