Chapter 46. Human Relations

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrator means the individual designated as the fair housing officer by the city manager.

Answer means a written response addressing the allegations made in the complaint.

Commission means the fair housing commission created pursuant to section 2-561 to exercise the powers and duties set forth in section 2-563.

Complainant means a person, including the administrator or the commission, who files a complaint under section 46-34.

Complaint means a written grievance, problem, difficulty, or concern submitted to the fair housing office or the commission.

Compliance means the act of following through with a wish or command.

Conciliation means the attempted resolution of issues raised by a complainant or by the investigation of the complaint, through informal negotiations involving the aggrieved person, the respondent, and the commission.

Conciliation agreement means a written agreement setting forth the resolution of the issues in complaint.

Disability means a mental or physical impairment that substantially limits at least one major life activity, a record of 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.

Discriminatory housing practice means an act that is unlawful under sections 46-30, 46-31, 46-32 and 46-33 or unlawful under the Federal Fair Housing Act.

Dwelling means any:

(1) Building, structure or portion thereof that is occupied as or designed and intended for occupancy as a residence by one or more families; or

(2) Any vacant land that is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof described in subsection (1) of this definition.

Family includes any group of persons desiring to reside together as well as a single person.

Familial status means the status resulting from:

(1) One or more persons who are under 18 years old being domiciled with an individual who is either the parent of the persons under 18 years old, the legal guardian or custodian of the persons under 18 years old, or the designee (with written authorization) of the persons under 18 years old;

(2) Being pregnant; or

(3) Being in the process of securing legal custody of a person who is under 18 years old.

Housing for older persons means housing:

(1) That is determined by the equal employment/fair housing officer, consistent with the federal department of housing and urban development's guidelines, to be specifically designed and operated to assist elderly persons under a federal or state program;

(2) Intended for, and solely occupied by, persons 62 years of age and older; or

(3) Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing meets this definition, the equal employment/fair housing officer shall consider at least the following factors:

a. The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or, if such improvements are not practicable, that such housing is necessary to provide important housing opportunities for older persons;

b. That at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and

c. The publication of and adherence to policies and procedures demonstrating an intent by the owner or manager to provide housing for persons 55 years of age or older.

Investigation means a formal or systematic examination or research of the complaint.

Respondent means:

(1) The person accused of a violation of this article in a complaint of discriminatory housing practice; or

(2) Any person identified as an additional or substitute respondent or an agent of an additional or substitute respondent.

Rent means to lease, to sublease, or to let or otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

(Ord. No. 13,226, § 2, 7-14-16)

(a) It is 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 race, color, religion, sex, disability, familial status or national origin.

(b) It is further declared that this policy is grounded upon a recognition of the inalienable right of each individual to provide for himself and his family a dwelling according to his own choosing and, further, that the denial of such rights through considerations based upon race, color, religion, sex, disability, familial status 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 such inalienable right which is within the power and proper responsibility of government to prevent.

(Ord. No. 13,226, § 2, 7-14-16)

(a) The following shall be exempted from the application of section 46-31:

(1) The sale or rental of any single-family house by the owner, provided that:

a. The sale or rental is made without the use in any manner of the sales or rental facilities or the services of any real estate broker, agent or salesperson licensed under the state Real Estate License Act ([Tex. Civ. Stat.,] art. 6573a) or of any employee or agent of a licensed broker, agent, or salesperson or of the owner of a dwelling designed or intended for occupancy for five or more families, but nothing in this subsection shall prohibit the use of attorneys, escrow agents, abstractors, title companies or other such professional assistance as necessary to perfect or transfer the title;

b. The sale or rental is made without the dissemination, publication, posting or mailing of any advertisement, statement or written notice;

c. The owner does not own more than three single-family houses, duplexes, condominium units or townhomes at the time of the sale;

d. The owner does not own any interest in nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or any portion of the proceeds from the sale or rental of more than three single-family houses, duplexes, condominium units or townhomes at any one time; and

e. If the owner was not the most recent resident of the house prior to the sale or rental, the exemption granted in subsections (c) and (d) of this section shall apply only with respect to one such sale or rental within any 24-month period.

(2) The sale or rental of rooms or units in a dwelling containing living quarters occupied or intended to be occupied by no more than four families living independently of each other if the owner maintains and occupies one of such living quarters as his residence.

(b) Nothing in this article 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:

(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 such religion is restricted because of race, color, or national origin.

(c) Nothing in this article shall prohibit a private club not open to the public, which as an incident to its primary purpose provides lodgings 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.

(d) The provisions of this article relating to familial status do not apply to housing:

(1) Specifically designed and operated to assist elderly persons 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 per unit as determined by the rules of the state commission on human rights.

(e) This article does not prohibit discrimination against a person because the person has been convicted under federal law or of the law of any state of the illegal manufacture or distribution of a controlled substance.

(Ord. No. 13,226, § 2, 7-14-16)

The administrator is authorized and encouraged to cooperate with the Secretary of Housing and Urban Development pursuant to Title VIII, Federal Fair Housing Act of 1968, PL 90-284, as well as the Texas Commission on Human Rights pursuant to the Texas Fair Housing Act, V.T.C.A., Property Code ch. 301, and may render such service to the secretary and the commission as shall be deemed appropriate to further the policies of this article.

(Ord. No. 13,226, § 2, 7-14-16)

It shall be unlawful for any person, whether or not acting under color of law:

(1) To intentionally intimidate or interfere with another by force or threat of force because of such person's race, color, religion, sex, disability, familial status or national origin while such person is or has been:

a. Selling, purchasing, renting, financing, or occupying any dwelling;

b. Contracting or negotiating for the sale, purchase, rental, financing or occupancy of any dwelling; or

c. Applying for or participating in a service, organization, or facility relating to the business of selling or renting dwellings; or

(2) To intentionally interfere with or intimidate by force or threat of force another person in order to keep such person from:

a. Participating, without discrimination because of race, color, religion, sex, disability, familial status or national origin, in an activity, service, organization or facility relating to the business of selling or renting dwellings;

b. Affording another person the opportunity or protection to participate, without discrimination because of race, color, religion, sex, disability, familial status or national origin, in an activity, service, organization or facility relating to the business of selling or renting dwellings; or

c. Lawfully aiding or encouraging other persons to participate, without discrimination because of race, color, religion, sex, disability, familial status or national origin, in an activity, service, organization, or facility relating to the business of selling or renting dwellings.

(Ord. No. 13,226, § 2, 7-14-16)

(a) Except as exempted by section 46-28, it shall be unlawful for any person to:

(1) Refuse to sell or rent after the making of a bona fide offer or refuse to negotiate for the sale or rental of or otherwise make unavailable or deny a dwelling to another because of race, color, religion, national origin, sex, disability or familial status.

(2) 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 therewith because of race, color, religion, national origin, sex, disability or familial status.

(3) Make, print or 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 indicates any preference, limitation or discrimination based on race, color, religion, national origin, sex, disability or familial status or an intention to make any such preference, limitation or discrimination.

(4) Represent to any person because of race, color, religion, national origin, sex, disability or familial status that any dwelling is not available for inspection, sale or rental when such dwelling is so available.

(5) For profit or with the hope or expectation of profit, 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 a person of a particular race, color, religion, national origin, sex, disability or familial status.

(6) Discriminate because of familial status if the act is committed because the person who is the subject of discrimination is:

a. Pregnant;

b. Domiciled with an individual younger than 18 years of age in regard to whom the person:

1. Is the parent or legal custodian; or

2. Has the written permission of the parent or legal custodian for domicile with that person; or

c. In the process of obtaining legal custody of an individual younger than 18 years of age.

(7) Discriminate in the sale or rental of, or make unavailable or deny, a dwelling to any buyer or renter because of a disability of:

a. The buyer or renter;

b. A person residing in or intending to reside in that dwelling after it is sold, rented or made available; or

c. Any person associated with the buyer or renter.

(8) 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:

a. The other person;

b. A person residing in or intending to reside in that dwelling after it is sold, rented or made available;

c. Any person associated with the other person.

(9) Accept any payments under any written lease on the premises until the landlord or agent has given a fully executed copy of the lease to all the parties to the lease.

(10) Refuse, at the request of a tenant who has provided sufficient proof that he/she is a victim of domestic violence, sexual assault or stalking, to permit the tenant to terminate the lease regardless of the lease term and without penalty for early termination, provided:

a. The request is made in writing within 90 days of the reporting of an incident of domestic violence, sexual assault or stalking, the issuance of a protection from abuse order, or the approval of a consent agreement, and at least 15 days before the requested termination date;

b. The victim vacates the premises no later than the early termination date; and

c. At the time the request is made for termination of the lease, the tenant provides a court order; approved consent agreement for protection from abuse pursuant to the domestic or family violence laws of the jurisdiction; incident report from the police department stating that a domestic violence, sexual assault or stalking complaint was filed by the tenant; or written certification from a health care professional or professional guidance counselor, licensed under the laws of the State of Texas, or a victim's services organization stating that the tenant sought assistance as a victim of domestic violence, sexual assault or stalking.

If the accused perpetrator of the abuse is a cotenant, the landlord or agent may, upon the victim's request, bifurcate the lease in order to evict the alleged perpetrator while allowing the victim to remain in the premises;

Nothing in subsection (10) shall limit the authority of the landlord or agent to evict a tenant who is the victim of domestic violence, sexual assault or stalking for any violation of the lease.

(b) For purposes of subsections (a)(7) and (a)(8) of this section only, 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;

(3) The failure to design and construct a covered multifamily 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;

(4) A refusal to permit service or assistance animals, with sufficient written proof from a healthcare provider familiar with the tenant's disability, regardless of the property's pet policy; or

(5) A refusal to permit a live-in care-giver, with sufficient written proof from a healthcare provider familiar with the tenant's disability, regardless of the property's policy regarding unrelated tenants within the same unit.

(c) Compliance with the appropriate requirements of the American National Standards Institute 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 subsection (b)(3) of this section.

(d) Subsection (b)(3) of this section does not apply to a building the first occupancy of which occurred on or before March 13, 1991.

(e) 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.

(f) In this section, the term "covered multifamily dwellings" means:

(1) Buildings consisting of four or more units if the buildings have one or more elevators; or

(2) Ground floor units in other buildings consisting of four or more units.

(Ord. No. 13,226, § 2, 7-14-16)

(a) It shall be unlawful for a person whose business includes engaging in residential real estate related transactions to 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 to:

a. Purchase, construct, improve, repair or maintain a dwelling; or

b. Secure residential real estate; or

(2) The selling, brokering or appraising of residential real property.

(Ord. No. 13,226, § 2, 7-14-16)

It shall be unlawful to deny any person 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 against any person in the terms or conditions of such access, membership or participation because of race, color, religion, national origin, sex, disability or familial status.

(Ord. No. 13,226, § 2, 7-14-16)

(a) Generally. The city intends to ensure that all persons with a disability have equal opportunity to use and enjoy a dwelling by providing such persons with reasonable accommodations in rules, policies, practices, and procedures promulgated under this article consistent with the Federal Fair Housing Act and other applicable laws.

(b) Request. The method of submitting a request for reasonable accommodation is as follows:

(1) A request for a reasonable accommodation may be submitted at any time that the accommodation may be necessary to ensure equal access to housing.

(2) A request for a reasonable accommodation may be submitted by an individual with a disability, the person's representative, or a permit holder providing housing for one or more individuals with disabilities.

(3) A request for a reasonable accommodation must be submitted in writing to the administrator on the form provided by the administrator.

(4) There is no fee for an application requesting a reasonable accommodation.

(5) If an individual needs assistance in making a request for a reasonable accommodation, the city will provide assistance to ensure that the application process is accessible to the individual.

(c) Application. An applicant shall submit the following information before an application for a reasonable accommodation is considered to be complete:

(1) The applicant's name, mailing address, street address, telephone number, and email address;

(2) The applicant's relation to the individual(s) with a disability, if applicable;

(3) The address of the property to which the requested reasonable accommodation would apply;

(4) A disability determination by the Social Security administration or the department of veteran's affairs, or other substantially equivalent determination, that substantiates that the individual who would obtain the benefit of the reasonable accommodation is:

a. An individual with a physical or mental impairment that substantially limits one or more major life activities;

b. An individual who is regarded as having such an impairment; or

c. An individual with a record of such impairment.

(5) The section(s) of the code from which a reasonable accommodation is being requested; and

(6) A brief explanation of why the requested accommodation is necessary for the individual or individuals with disabilities to have equal access to housing.

(d) Administrator determination.

(1) Before making a decision, the administrator may request an inspection of the residential board and care facility and the property on which it is located. If the administrator makes such a request, the applicant must make the property, the facility, and its records available for the inspection within 20 days after the date of the request or the application is automatically denied.

(2) If the administrator deems it necessary to request additional information from the applicant consistent with federal and state law, the administrator shall contact the applicant in writing and specify the additional information that is required. If the administrator makes such a request, the applicant must provide the additional information to the administrator within 20 days after the date of the request or the application is automatically denied.

(3) After receipt of a complete application for a reasonable accommodation and an inspection of the facility and/or its records, the administrator shall issue a written ruling that grants, grants with conditions, or denies the requested accommodation, which decision shall be submitted to the city attorney for legal review to determine compliance with local, state, and federal laws and regulations prior to its release to the applicant.

(4) The administrator may impose reasonable conditions on any accommodation granted consistent with the purpose of this article.

(5) The written decision or conciliation agreement as applicable must be consistent with the Federal Fair Housing Act, as amended, and based on a consideration of the following factors:

a. Whether the housing that is the subject of the request will be used by one or more individuals with a disability;

b. Whether the requested accommodation is necessary to make specific housing available to one or more individuals with a disability;

c. Whether the requested accommodation would impose an undue financial or administrative burden on the city;

d. Whether the requested accommodation would require a fundamental alteration in the nature of city regulations;

e. The potential impacts of the requested accommodation on the applicant, the other residents of the residential board and care facility, and the surrounding neighborhood;

f. Whether a failure to grant an accommodation would result in the property having no economically viable use; and

g. Whether there are alternative accommodations that are reasonable and have an equal, or less of an impact on the city, applicant, other residents of the residential board and care facility, and the surrounding neighborhood.

(6) The administrator's written decision must explain in detail the basis of the decision and notify the applicant of the right to appeal the administrator's decision to the city council.

(e) Appeal. If the administrator denies the request for a reasonable accommodation, the applicant may appeal that decision in writing to the city council within ten days of the administrator's action.

(Ord. No. 13,693, § 5, 2-8-18)

(a) Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur (referred to in this section as "person aggrieved") may file a complaint with the administrator. Such complaint shall be in writing and shall identify the person alleged to have committed or alleged to be about to commit the discriminatory housing practice and shall set forth the particulars thereof. The administrator is directed to prepare and adopt from time to time standard complaint forms and to furnish them without charge to any person aggrieved.

(b) The administrator shall receive and accept notification and referral of complaints from the Secretary of Housing and Urban Development pursuant to Title VIII, Fair Housing Act of 1968, PL 90-284, as well as from the Texas Commission on Human Rights pursuant to V.T.C.A., Property Code § 301.068, and shall treat such complaints in the same manner as complaints filed directly by the person aggrieved.

(c) The administrator shall notify the commission of all complaints received and the commission will review and convene a time for discussion of the allegations.

(d) If at any time the administrator or the commission shall receive or discover credible evidence and shall have probable cause to believe that any person has committed a discriminatory housing practice as to which no complaint has been filed or is about to be filed, the administrator may prepare and file a complaint upon his own motion and in his own name or in the name of the commission, and such complaint shall thereafter be treated in the same manner as a complaint filed by a person aggrieved.

(e) Upon the filing or referral of any complaint, the administrator, on behalf of the commission, shall furnish a copy of the complaint to the person named in the complaint.

(f) A complaint under subsections (a) and (d) of this section shall be filed within 180 days after the alleged discriminatory housing practice occurred. Complaints shall be in writing and state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. A respondent may file a written answer to the complaint against him/her. Both complaints and answers shall be signed under oath.

(Ord. No. 13,226, § 2, 7-14-16)

(a) Upon the filing or referral of a complaint as provided in section 46-34, the administrator shall cause to be made a prompt investigation of the matter stated in the complaint.

(b) In connection with such investigation, the administrator and the commission may question and take and record testimonies and statements of such persons who appear and may examine, record and copy documents that are produced.

(c) During or after the investigation, the administrator, on behalf of the commission, 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 compliance, and adequate assurance of future voluntary compliance with this article.

(d) If conciliation is effected, the administrator and commission members shall disclose nothing said or done in the course of such conciliation in such a way as to make public identification of the person named in the complaint without the written consent of the persons concerned.

(Ord. No. 13,226, § 2, 7-14-16)

If the administrator shall determine after the completion of the investigation that a discriminatory housing practice has occurred and the efforts of the administrator to secure voluntary compliance have been unsuccessful, the administrator shall certify in writing to the city attorney that such discriminatory housing practice has occurred and request the city attorney to prosecute such violation in the municipal court of the city.

(Ord. No. 13,226, § 2, 7-14-16)

Any person who shall violate this article shall, upon conviction be punished as provided in section 1-14.

(Ord. No. 13,226, § 2, 7-14-16)

(a) Based upon certification by the administrator, the city attorney may institute a charge in municipal court and prosecute the charge. In addition, the city may forward the complaint to the federal department of housing and urban development for further investigation. The complainant may also file suit against the respondent to recover appropriate damages.

(b) The certification to the city attorney and the actions to be taken by the city attorney shall be cumulative of all other remedies and procedures for the effectuation and enforcement of this article and the prosecution of alleged violators.

(Ord. No. 13,226, § 2, 7-14-16)