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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGRIEVED PERSON. Includes any person who:
(1) Claims to have been injured by a discriminatory housing practice; or
(2) Believes that the person will be injured by a discriminatory housing practice that is about to occur.
CONCILIATION. The informal negotiations among an aggrieved person, the respondent and the Administrator to resolve issues raised by a complaint or by the investigation of the complaint.
CONCILIATION AGREEMENT. A written agreement resolving the issues in conciliation.
DISABILITY. A mental or physical impairment that substantially limits at least one major life activity, a record of the impairment or being regarded as having the impairment. The term does not include current illegal use or addiction to any drug or illegal or federally controlled substance and does not apply to an individual because of an individual’s sexual orientation or because that individual is a transvestite.
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.
FAMILIAL STATUS. A person’s status where a discriminatory act 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; or
(b) Has the written permission of the parent or legal custodian for domicile with that person
(3) In the process of obtaining legal custody of an individual younger than 18 years of age.
FAMILY. Includes a single individual.
PERSON. Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, 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.
(1998 Code, § 66-31)
(A) A person may not refuse to sell or rent, after the making of a bona fide offer, refuse to negotiate for the sale or rental of, or in any other manner make unavailable or deny a dwelling to another because of race, color, religion, sex, familial status or national origin.
(B) A person may not discriminate against another in the terms, conditions or privileges of sale or rental of a dwelling or in providing services or facilities in connection with a sale or rental of a dwelling because of race, color, religion, sex, familial status or national origin.
(C) This section does not prohibit discrimination against a person because the person has been convicted under federal law or the law of any state of the illegal manufacture or distribution of a controlled substance.
(1998 Code, § 66-32) Penalty, see § 93.99
Statutory reference:
Similar provisions, see Tex. Property Code § 301.021
A person may not make, print or publish or effect the making, printing or publishing of a notice, statement or advertisement that is about the sale or rental of a dwelling and that indicates any preference, limitation or discrimination or the intention to make a preference, limitation or discrimination because of race, color, religion, sex, disability, familial status or national origin.
(1998 Code, § 66-33)
Statutory reference:
Similar provisions, see Tex. Property Code § 301.022
A person may not represent to another because of race, color, religion, sex, disability, familial status or national origin that a dwelling is not available for inspection for sale or rental when the dwelling is available for inspection.
(1998 Code, § 66-34)
Statutory reference:
Similar provisions, see Tex. Property Code § 301.023
A person may not, for profit, induce or attempt to induce another 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 or national origin.
(1998 Code, § 66-35)
Statutory reference:
Similar provisions, see Tex. Property Code § 301.024
(A) A person may not discriminate in the sale or rental of, or make unavailable or deny, a dwelling to any buyer or renter because of a disability of:
(1) The 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 the buyer or renter.
(B) A person may not discriminate against another in the terms, conditions or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with the dwelling because of a disability of:
(1) The other person;
(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 the other person.
(C) In this section, a
DISCRIMINATION includes:
(1) A refusal to permit, at the expense of the person having a disability, a reasonable modification of existing premises occupied or to be occupied by the person if the modification may be necessary to afford the person full enjoyment of the premises;
(2) A refusal to make a reasonable accommodation in rules, policies, practices or services if the accommodation may be necessary to afford the person equal opportunity to use and enjoy a dwelling; or
(3) The failure to design and construct a covered multi-family dwelling in a manner that:
(a) Allows the public use and common use portions of the dwellings to be readily accessible to and usable by persons having a disability;
(b) Allows all doors designed to allow passage into and within all premises within the dwellings to be sufficiently wide to allow passage by a person who has a disability and who is in a wheelchair; and
(c) Provides all premises within the dwellings contain the following features of adaptive design:
1. An accessible route into and through the dwelling;
2. Light switches, electrical outlets, thermostats and other environmental controls in accessible locations;
3. Reinforcements in bathroom walls to allow later installation of grab bars; and
4. Kitchens and bathrooms that are usable and have sufficient space in which an individual in a wheelchair can maneuver.
(D) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for persons having physical disabilities, commonly cited as “ANSI A 117.1", satisfies the requirements of division (C)(3)(c) above.
(E) Division (C)(3) above does not apply to a building the first occupancy of which occurred on or before 3-13-1991.
(F) This section does not require a dwelling to 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.
(G) In this section, the term
COVERED MULTI-FAMILY DWELLINGS means:
(1) Buildings consisting of four or more units if the buildings have one or more elevators; and
(2) Ground floor units in other buildings consisting of four or more units.
(1998 Code, § 66-36)
Statutory reference:
Similar provisions, see Tex. Property Code § 301.025
(A) A person whose business includes engaging in residential real estate related transactions may not discriminate against another 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 or national origin.
(B) In this section,
RESIDENTIAL REAL ESTATE RELATED TRANSACTION means:
(1) The making or purchasing of loans or the provision of other financial assistance:
(a) To purchase, construct, improve, repair or maintain a dwelling; or
(b) To secure residential real estate.
(2) The selling, brokering or appraising of residential real property.
(1998 Code, § 66-37)
Statutory reference:
Similar provisions, see Tex. Property Code § 301.026
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