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(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
A person may not deny another 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 or national origin.
(1998 Code, § 66-38)
Statutory reference:
Similar provisions, see Tex. Property Code § 301.027
(A) This subchapter does not apply to:
(1) The sale or rental of a single-family house sold or rented by the owner if:
(a) The owner does not:
1. Own more than three single-family houses at any one time; or
2. Own any interest in, nor is there owned or reserved on the person’s 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.
(b) The house is sold or rented without:
1. The use of the sales or rental facilities or services of a real estate broker, agent or salesperson licensed under the Real Estate License Act (Tex. Occupations Code Ch. 1101), or of an employee or agent of a licensed broker, agent or salesperson, or the facilities or services of the owner of a dwelling designed or intended for occupancy by five or more families; or
2. The publication, posting or mailing of a notice, statement or advertisement prohibited by § 93.17 of this chapter.
(2) The sale or rental of the rooms or units in a dwelling containing living quarters occupied by or intended to be occupied by not 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.
(B) The exemption in division (A)(1) above applies only to 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) This subchapter does not prohibit a religious organization, association or society or a non-profit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from:
(1) 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
(2) Giving preference to persons of the same religion, unless membership in the religion is restricted because of race, color or national origin.
(D) This subchapter does not prohibit a private club that is not open to the public and 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 the lodging to its members or from giving preference to its members.
(E) This subchapter does not prohibit a person engaged in the business of furnishing appraisals of real property from considering in those appraisals factors other than race, color, religion, sex, disability, familial status or national origin.
(F) The provisions of this subchapter relating to familial status do not apply to housing:
(1) The Commission determines is specifically designed and operated to assist elderly individuals under a federal or state program;
(2) Intended for, and solely occupied by, individuals 62 years of age or older; or
(3) Intended and operated for occupancy by at least one individual 55 years of age or older for each unit as determined by Commission rules.
(1998 Code, § 66-39)
Statutory reference:
Similar provisions, see Tex. Property Code §§ 301.041 through 301.043
(A) The Mayor shall appoint and the commission shall confirm a Fair Housing Administrator, referred to in the subchapter as “Administrator”, who shall have the responsibility for implementing this subchapter.
(B) The Administrator may delegate his or her authority to investigate and conciliate complaints to other city employees under his or her direction.
(1998 Code, § 66-40)
(A) Only the 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, referred to in this subchapter as “person aggrieved”, may file a complaint with the Administrator. The 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 state the facts upon which the allegations of a discriminatory housing practice are based. The Administrator shall prepare complaint forms and furnish them without charge to any person, upon request.
(B) If, at any time, the Administrator shall receive or discover credible evidence and shall have probable cause to believe that any persons have committed or are committing a discriminatory housing practice as to which no complaint has been filed, the Administrator 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.
(C) The Administrator shall receive and accept notification and referral complaints from the U.S. Attorney General and the Secretary of Housing and Urban Development pursuant to the provisions of Title VIII, Fair Housing Act of 1968, Pub. Law No. 90-284, being 42 U.S.C. §§ 3601 et seq., and shall treat the complaints under this division (C) in the same manner as complaints filed pursuant to division (A) above.
(D) All complaints shall be filed within 60 days following the occurrence of an alleged discriminatory housing practice. Upon the filing or referral of any complaint, the Administrator shall provide notice of the complaint by furnishing a copy of the complaint to the persons named in the complaint who allegedly committed or were threatening to commit an alleged discriminatory housing practice. The accused may file an answer to the complaint within ten days of receipt of the written complaint.
(E) All complaints and answers shall be subscribed and sworn to before an officer authorized to administer oaths.
(1998 Code, § 66-41)
(A) Upon the filing or referral of a complaint as provided in this subchapter, the Administrator shall cause to be made a prompt and full investigation of the matter stated in the complaint.
(B) During or after the investigation, but subsequent to the mailing of the notice of complaint, the Administrator shall, if it appears that a discriminatory housing practice has occurred or is threatening to occur, attempt by informal endeavors to effect conciliation, including voluntary discontinuance of the discriminatory housing practice and adequate assurance of future voluntary compliance with the provisions of this subchapter. Nothing said or done in the course of the informal endeavors may be made public by the Administrator, by the complainant or by any other party to the proceedings without the written consent of all persons concerned.
(C) (1) Upon completion of the investigation and informal endeavors at conciliation by the Administrator, but within 100 days of the filing of the complaint with the Administrator, if the efforts of the Administrator to secure voluntary compliance have been unsuccessful, and if the Administrator has made a determination that a discriminatory housing practice has in fact occurred, the Administrator shall recommend to the City Attorney that the violation be prosecuted in the Municipal Court.
(2) The City Attorney shall make a determination as to whether to proceed with prosecution of the complaint in Municipal Court.
(3) If the City Attorney determines to prosecute, he or she shall institute a complaint and prosecute it to conclusion within 30 days after such determination, or as soon thereafter as possible.
(1998 Code, § 66-42)
A person commits an offense if the person, without regard to whether the person is acting under color of law, by force or threat of force intentionally intimidates or interferes with a person:
(A) Because of the person’s race, color, religion, sex, disability, familial status or national origin and because the person 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 a service, organization or facility relating to the business of selling or renting dwellings; or
(B) Because the person is or has been or to intimidate the person from:
(1) Participating, without discrimination because of race, color, religion, sex, disability, familial status or national origin, in any activity, service, organization or facility described by division (A) above;
(2) Affording another person opportunity or protection to so participate; or
(3) Lawfully aiding or encouraging other persons to participate, without discrimination because of race, color, religion, sex, disability, familial status or national origin, in any activity, service, organization or facility described by division (A) above.
(1998 Code, § 66-43)
Statutory reference:
Similar provisions, see Tex. Property Code § 301.171
The Administrator and the City Attorney are authorized to cooperate with the Secretary of Housing and Urban Development and the U.S. Attorney General pursuant to the provisions of Title VIII, Fair Housing Act of 1968, Pub. Law No. 90-284, being 42 U.S.C. §§ 3601 et seq., and may render such service to the Secretary as they shall deem appropriate to further the policies of this subchapter.
(1998 Code, § 66-44)
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