(A) Declaration of policy.
(1) 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, sex, religion or national origin.
(2) It is further declared that this policy is based upon a recognition of the inalienable right of every person to provide for himself or herself and his or her family a dwelling according to his or her own choosing; and further that the denial of those rights through consideration based on race, color, sex, religion or national origin is detrimental to the health, safety and welfare of the inhabitants of the city and constitutes an unjust denial or deprivation of that inalienable right which is within the power and proper responsibility of government to prevent.
(B) Definitions of terms. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISCRIMINATORY HOUSING PRACTICE. An act that is unlawful under divisions (C), (D) and (E) below.
DWELLING. Any building, structure or portion thereof which is occupied as, or designed and intended for occupancy as a residence by one or more families or any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.
FAMILY. Includes any group of persons desiring to reside together or one individual person.
PERSON. Includes one or more individuals, corporations, partnerships, associations, labor organizations, trustees, trustees in bankruptcy, receivers, fiduciaries and any other organization or entity of whatever character.
TO RENT. Includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
(C) Discrimination in the sale or rental of housing. Except as exempted by division (F) below, it shall be unlawful:
(1) To refuse to sell or rent, after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, sex, religion or national origin;
(2) To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, sex, religion or national origin;
(3) To make, print, 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 indicated any preference, limitation or discrimination;
(4) To represent to any person because of race, color, sex, religion or national origin that any dwelling is not available for inspection, sale or rental when the dwelling is in fact so available; and
(5) For profit or with the hope or expectation of profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of any person or persons of a particular race, color, sex, religion or national origin.
(D) Discrimination in the financing of housing. It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part of the making of commercial or residential real estate loans to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling; or to discriminate against any such person the fixing of the amount, interest rate, duration or other terms or conditions of the loan or other financial assistance, or of the present or prospective owners, lessees, tenants or occupants of the dwelling or dwellings in relation to which the loan or other financial assistance is to be made or given.
(E) Discrimination in the provision of brokerage services. It shall be unlawful for any person to deny access to or membership or participation in any multiple listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate in the terms or conditions of such access, membership or participation, on account of race, color, sex, religion or national origin.
(F) Exemptions and exclusions.
(1) There shall be exempted from the application of division (C) above:
(a) Any single-family house sold or rented by an owner; provided, that the private individual owner does not own more than three such single-family houses, wherever located, at any one time; provided, further, that in the case of the sale of any such single-family house by a private individual owner not residing in the house at the time of the sale or who was not the most recent resident of the house prior to the sale, the exemption granted by this division shall apply only with respect to one such sale with any 24-month period; provided, further, that the bona fide private individual owner does not 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 all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time; provided, further, the sale or rental of any such single-family house shall be excepted from the application of this section only if the house is sold or rented without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesperson, or the facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesperson or person; and without the publication, posting or mailing of any advertisement or written notice in violation of division (C)(3); but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title; and
(b) The rental of rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other if the owner actually maintains and occupies one of the living quarters as his or her residence.
(2) Nothing in this section shall prohibit a religious organization, association or society or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to those persons, unless membership in the religion is restricted on account of race, color, sex or national origin.
(3) Nothing in this section shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the lodgings to its members.
(G) Complaints.
(1) Any person who claims to have been injured by a discriminatory housing practice or who believes he or she will be irrevocably injured by a discriminatory housing practice that has occurred or is occurring (hereafter referred to as "person aggrieved") may file a complaint with the City Manager. These complaints shall be in writing and shall identify the person alleged to have committed or alleged to be committing a discriminatory housing practice and shall set forth the particulars thereof. The City Manager is directed to prepare from time to time standard complaint forms and to furnish them without charge to any person aggrieved. The City Manager and employees of his or her office may assist in the clerical preparation of these complaints.
(2) The City Manager shall receive and accept notification and referral complaints from the Secretary of Housing and Urban Development pursuant to the provisions of Title VIII, Fair Housing Act of 1968, Pub. Law 90-284, being 42 U.S.C. §§ 3601 et seq., and shall treat the complaints in the same manner as complaints filed directly by the person aggrieved.
(3) If, in the course of any investigation as provided in division (H) hereof on a complaint filed with, or referred to, the City Manager, he or she shall receive credible evidence and shall have probable cause to believe that the person or persons named in the complaint has committed a discriminatory housing practice on grounds not stated in the complaint, the City Manager may prepare and file a supplementary complaint upon his or her own motion and in his or her own name and the supplementary complaint shall thereafter be treated, in the same manner as an original complaint filed by a person aggrieved.
(4) If at any time the City Manager shall receive or discover credible evidence and shall have probable cause to believe that any person or persons have committed a discriminatory housing practice as to which no complaint has been filed or is about to be filed, the City Manager may prepare and file a complaint upon his or her own motion and in his or her own name and the complaint shall thereafter be treated in the same manner as a complaint filed by a person aggrieved.
(5) Upon the filing or referral of any complaint, the City Manager shall furnish a copy of the same to the person or persons named in the complaint.
(6) A complaint under divisions (G)(1), (3) and (4) shall be filed within 180 days after the alleged discriminatory housing practice occurred. Complaints shall state the facts upon which the allegations of a discriminatory housing practice is based. Complaints may be reasonable and fairly amended at any time. A respondent may file an answer to the complaint against him or her and, with the leave of the City Manager, which shall be granted whenever it would be reasonable and fair to do so, may amend his or her answer at any time. Both complaints and answers shall be signed.
(H) Investigation.
(1) Upon the filing of a complaint as herein provided, the City Manager shall cause to be made a prompt and full investigation of the matter stated in the complaint.
(2) In connection with the investigation, the City Manager may question and take and record testimony and statements of the persons who appear and may examine, record and copy documents which are produced.
(3) During or after the investigation, the City Manager shall, if it appears that a discriminatory housing practice has occurred or is about to occur, attempt by informal endeavors to effect conciliation, including voluntary discontinuance or recertification of the discriminatory housing practice and voluntary compliance with the provisions of this section.
(4) In the event conciliation is effected, the City Manager shall disclose nothing the or done in the course of the conciliation in such a way as to make public identification of the person or persons named in the complaint without the written consent of the persons concerned.
(I) Committee hearing.
(1) Upon completion of the investigation and informal endeavors at conciliation by the City Manager, but within 30 days of the filing of the complaint with City Manager, he or she shall refer the complaint to the City Council, together with the answer of the respondent, if any, and a full report of his or her investigation and activities in the matter.
(2) The City Council shall promptly set a date for the hearing. This date shall be within 30 days of the date on which the City Manager referred the complaint. At least five-days' prior written notice of the hearing shall be given to the person or persons alleged to have committed or to be about to commit the discriminatory housing practice along with notice that he or she may appear personally or by representative and with or without legal counsel and shall have the right to present proof and cross examine witnesses in all matters relating to the complaint and subsequent related matters. In the event that a person or persons alleged to have committed or to be about to commit a discriminatory housing practice shall fail to appear at the City Council hearing either personally or by representative, after notice as provided above, then the hearing shall be deemed waived by those person or persons.
(3) If, after the hearings, a majority of the City Council shall determine on the basis of the evidence at the hearing that the complaint is well founded, the City Council shall forthwith by persuasion, education and entreaty diligently attempt to secure within a reasonable time, not to exceed 30 days, voluntary discontinuance of any discriminatory housing practice.
(J) Certification to City Attorney. If the City Council shall determine that a discriminatory housing practice has occurred and if a hearing before the City Council on the complaint alleging the violation has been waived or if the City Council has held a hearing and the effort of the City Council to secure voluntary compliance have been unsuccessful, the City Council shall cause the City Manager to certify in writing to the city attorney that such discriminatory housing practice has occurred and request the city attorney to forthwith prosecute the violation in the municipal court of the city.
(K) Legal proceedings.
(1) Upon certification by the City Manager pursuant to the direction of the City Council, the city attorney shall institute a charge in municipal court and prosecute the same to final conclusion.
(2) The certification to the City Attorney and the actions to be taken by the City Attorney shall be cumulative of all other remedies and the procedures for the effectuation and enforcement of this section and the prosecution of alleged violators of this section.
(L) Cooperation with secretary of housing and urban development . The City Council and the City Manager are authorized and encouraged to cooperate with the Secretary of Housing and Urban Development pursuant to the provisions of the Title VIII, Fair Housing Act of 1968, Pub. Law 90-284, being 42 U.S.C. §§ 3601 et seq., and may render the service to the Secretary as they shall deem appropriate to further the policies of this section and may accept reimbursement from the Secretary for services rendered to assist him or her in carrying out the provisions of the above cited federal law.
(M) Unlawful intimidation. It shall be unlawful for any person, whether or not acting under color of law, by force or threat of force to willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with:
(1) Any person because of his or her race, color, religion, sex or national origin and because he or she is or has been selling, purchasing, renting, financing, occupying or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling or applying for or participating in any service, organization or facility relating to the business of selling or renting dwellings;
(2) Any person because he or she is or has been, or in order to intimidate the person or any other person or class of persons from:
(a) Participating, without discrimination on account of race, color, religion, sex or national origin, in any of the activities, services, organization or facilities described in division (M)(1) above; or
(b) Affording another person or class of persons opportunity or protection so to participate.
(3) Any person because he or she is or has been or in order to discourage the person or any other person from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex or national origin, in any of the activities, services, organization or facilities described in division (M)(1) above, or participating lawfully in speech or peaceable assembly opposing any denial of the opportunity so to participate.
(1989 Code, Ch. 4, § 5) Penalty, see § 10.99
Statutory reference:
Tex. Gov't. Code, Ch. 461