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HomeMy WebLinkAboutOrdinance 11075T„ ~ • .- r t.,;s : ~, ORDINANCE N0. ,/~ AN ORDINANCE REVISING AND AMENDING ARTICLE III, DIVISION 4, "FAIR HOUSING", OF CHAPTER 17, "HUMAN RELATIONS", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, PROVIDING RIGHTS, PROCEDURES AND REMEDIES, INCLUDING JUDICIAL PROCEEDINGS IN STATE COURT THAT ARE SUBSTANTIALLY EQUIVALENT TO THOSE AVAILABLE UNDER FEDERAL AND STATE FAIR HOUSING LAWS, DELETING THE TERM "HANDICAP" IN FAVOR OF THE TERM "DISABILITY, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PRO- VIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION IN TARRANT COUNTY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Article III, Division 4, "Fair Housing", of Chapter 17, "Human Relations", is hereby revised and amended and, after said revision y and amendment, shall read as follows: DIVISION 4. FAIR HOUSING Sec. 17-86. Declaration of Policy. (a) 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/her race, color, religion, national origin, sex, disability or familial status. (b) It is further declared that this policy is grounded upon a recognition of the right of every person to have access to adequate housing of his/her own choice without regard to race, color, religion, national origin, sex, disability or familial status; and further, that the denial of such rights through considerations based upon race, color, religion, national origin, sex, disability or familial status is detrimental to the health, safety and welfare of the inhabitants of the city and consti- tutes an unjust denial or deprivation of such inalienable right which is within the power and the proper respon- sibility of government to prevent . o~~~C` ~~~®~~ "~ ~E '(yr . y~ a ~~a~ Y-9 • #.~ `~.:_ Sec. 17-87. Definitions: The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indi- cates a different meaning: Administrator means the individual designated execu- tive director of the Fort Worth Human Relations Commission. Aggrieved person includes any person who: (1) Claims to have been injured by a dis- criminatory housing practice; or (2) Believes that he/she will be injured by a discriminatory housing practice that is about to occur. Commission means the Fort Worth human Relations Commission. Committee means the housing committee of the Fort Worth Human Relations Commission. Complainant means a person, including the adminis- trator, who files a complaint under section 17-90 of this division. Conciliation means the attempted resolution of issues raised by a complaint or by the investigation of the complaint, through informal negotiations involving the aggrieved person, the respondent and the adminis- trator. Conciliation agreement means a written agreement setting forth the resolution of the issues in concilia- tion. Discriminatory housing practice means an act pro- hibited by section 17-88 of this division. Dwelling means: (1) Any building, structure, or part of a building or structure that is occupied as or designed or intended for occupancy as residency by one (1) or more families; or (2) Any vacant land that is offered for sale or lease for the construction or location of a building, 2 ~ ~~~~~~ ®~~~~ r-:, • ~. ~~... i~ structure or part of a building or structure described by subparagraph (1) immediately above. Familial status: In this division, a discriminatory act is committed because of familial status if the act is committed because the person who is the subject of dis- crimination is: (1) Pregnant; (2) Domiciled with an individual younger than eighteen (18) years of age in regard to whom the person: a. Is the parent or legal custodian; b. Has the written permission of the parent or legal custodian for domicile with that person; or c. Is in the process of obtaining legal custody of any individual younger than eighteen (18) years of age. Family includes a single individual. Disability: (1) "Disability" means, with respect to a person: a. A physical or mental impairment which substantially limits one or more of such person's major life activities, b. A record of having such an impairment, or c. Being regarded as having such an impair- ment, but such term does not include current, illegal use of or addiction to a controlled substance as defined under state or federal law. (2) "Discrimination on the basis of disability" means: a. To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of: 1. That buyer or renter; 3 ~~... 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 that buyer or renter. b. For purposes of this subsection, dis- crimination includes: 1. A refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such per- son full enjoyment of the premises except that, in the case of a ren- tal, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the con- dition that existed before the modi- fication, reasonable wear and tear excepted; 2. A refusal to make reasonable accom- modations in rules, policies, prac- tices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or 3. In connection with the design and construction of covered multi-family dwellings for first occupancy after March 12, 1991, a failure to design and construct those dwellings in a manner that: i. The public use and common use portions of such dwellings are readily accessible to and usable by persons with disabil- ities; ii. All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow 4 OEE~~~AE ~E~~R~ ~~~Y ~ECRE~~RY ~ ~T~ ~NR~N, Tom. passage by persons in wheel- cYiairs; and iii. All premises within such dwell- ings contain the following features of adaptive design: (A) An accessible route into and through the dwelling; (B) Light switches, electri- cal outlets, thermostats, and other environmental controls in accessible locations; (C) Reinforcements in bath- room walls to allow later installation of grab bars; and (D) Usable kitchens and bath- rooms such that an indi- vidual in a wheelchair can maneuver about the space. c. Compliance with the appropriate require- ments of the American National Standard for buildings and facilities providing accessibility and usability for people with physical disabilities (commonly cited as "ANSI-A117.1) suffices to sat- isfy the requirements of paragraph b.3 above. d. "Covered multifamily dwelling" means: 1. Buildings consisting of four (4} or more units if such buildings have one or more elevators; and 2. Ground floor units in other build- ings consisting of four (4) or more units. e. Nothing in this division shall be con- strued to invalidate or limit any law of a state or political subdivision of a state, or other jurisdiction in which this division shall be effective that requires dwellings to be designed and 5 ~, r, constructed in a manner that affords per- sons with disabilities greater access than is required by this division. f. Nothing in this subsection requires that a dwelling be made available to an indi- vidual 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. Person includes an individual, corporation, organi- zation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. Respondent means: (1) The person accused in a complaint of discrimi- natory housing practice; or (2) Any person identified as an addition or sub- stitute respondent under section 17-90 of this division. To rent includes to lease, to sublease, to let, or to otherwise grant for a consideration the right to occupy premises not owned by the occupant. Sec. 17-88. Discrimination prohibited. (a) Sale or rental. (1) A person may not refuse to sell or to rent after the making of a bona fide offer, refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, relig- ion, sex, disability, familial status or national origin. (2) A person may not discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in pro- viding services or facilities in connection with the sale or rental, because of race, color, religion, sex, disability, familial status or national origin. b) Publication. A person may not make, print or publish or cause to be made, printed or published any W,At~ i notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any pref- erence, limitation or discrimination based on race, color, religion, sex, disability, familial status or national origin, or an intention to make such a pref- erence, limitation, or discrimination. (c) Inspection. A person may not represent to any person because of race, color, religion, sex, disability, familial status or national origin that a dwelling is not available for inspection, sale, or rental when the dwelling is available for inspection, sale or rental. (d) Entry into neighborhood. A person may not, for profit, induce or attempt to induce, a person 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, famil- ial status or national origin. (e) Residential real estate related transaction. (1) A person whose business includes engaging in residential real estate related transactions may not discriminate against a person 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. (2) In this section, "residential real estate related transaction" means any of the fol- lowing: a. The making or purchasing of loans or providing other financial assistance: 1. For purchasing, construction, improving, repairing or maintaining a dwelling; or 2. Secured by residential real estate; b. The selling, brokering or appraising of residential real property. (f) Brokerage services. A person may not deny any person access to, or membership or participation in, a multiple-listing service, real estate brokers' organiza- tion or other service, organization or facility relating to the business of selling or renting dwellings, or ~ ~F~~~~~ ~C~~~D ~~~~~~~~~~rRY Y l9 s ~~4'~tli 6 BBg ~• discriminate against a person in the terms or conditions of access, membership or participation in such an organi- zation, service or facility because of race, color, religion, sex, disability, familial status or national origin. Sec. 17-89. Exemptions; exclusions. (a) Housing for elderly exempted. (1) The provisions of this division relating to familial status do not apply to housing for older persons. (2) In this section "housing for older persons" means housing: a. That the appropriate Federal, State or local official, agency or authority determines is specifically designed and operated to assist elderly persons under a federal or state program; b. Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or c. Intended and operated for occupancy by at least one person fifty-five ( 55 ) years of age or older per unit as determined by the appropriate Federal, State or local official, agency or authority. To the extent that such a determination falls within the jurisdiction of the commis- sion, the following factors at minimum must be present for the dwelling(s) to qualify for the exemption: 1. The existence of significant facil- ities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and 2. That at least 80 units are occupied person 55 years of unit; and 8 percent of the by at least one age or older per ~~CR~~R~ fTa ~~ORT~, TAX. 3. The publication of, and adherence to policies and procedures which demon- strate an intent by the owner or manager to provide housing for per- sons 55 years of age or older. (b) Certain sales and rentals exempted. (1) Subject to subparagraph (2) of this paragraph, section 17-88 does not apply to: a. The sale or rental of a single-family house sold or rented by an owner if: 1. The owner does not: i. Own more than three (3} single-family houses at any one time; or ii. 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 any part of the proceeds from the sale or ren- tal of more than three (3) single-family houses at any one (1) time; and 2. The house was sold or rented without: i. The use of the sales or xental facilities or services of a real estate broker, agent, or salesman licensed under state law, or of an employee or agent of a licensed broker, agent or salesman, or the facilities or services of the owner of a dwelling designed or intended for occupancy by five or more families; or ii. The publication, posting, or mailing of a notice, statement or advertisement prohibited by section 17-88; or b. The sale or rental of rooms or units in a dwelling containing living quarters occu- _ ~ /~~~~CgRp~~~~~ , ~~0 99 ~~ 9 n8~ e pied or intended to be occupied by no more than four (4) families living inde- pendently of each other if the owner maintains and occupies one (1} of the living quarters as the owner's residence. (2) The exemption of subsection (b)(1)a.l. of this section applies to only one (1) sale or rental in a twenty-four month period if the owner was not the most recent resident of the house at the time of the sale or rental. (c) Religious organization, nonprofit organization and private club exemption. (1) This division 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: a. Limiting the sale, rental or occupancy of dwellings that it owns or operates for other than a commercial purpose to per- sons of the same religion; or b. Giving preference to persons of the same religion, unless membership in the reli- gion is restricted because of race, color or national origin. (2) This division does not prohibit a private club not open to the public 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 that lodging to its members or from giving preference to its members. (d) Appraisal Exemption. This division does not pro- hibit a person engaged in the business of furnishing appraisals of real property from taking into considera- tion factors other than race, color, religion, sex, disability, familial status or national origin. (e) Effect on other law. (1} This division does not affect reasonable maximum safe occupancy regulations for dwellings. (2) This division does not affect any requirement of nondiscrimination in any other local, state or federal law. Sec. 17-90 Enforcement by Human Relations Commission (a) It is the intention of the City Council that the Human Relations Commission shall be authorized to enforce the provisions of this division under the super- vision of the City Manager as provided under Section 2 of Chapter V of the charter, as further provided herein- after, and as further provided under state and federal law. (b) The commission shall delegate to the adminis- trator the duty of day-to-day implementation and enforce- ment of this division, subject to its policy directives and its approval of any rules and regulations recommended by the administrator to aid implementation and enforce- ment. (c) The administrator is encouraged to cooperate with the Secretary of Housing and Urban Development and the Attorney General of the United States in the enforce- ment of the Fair Housing Act of 1968, 42 U.S.C. §3601, et seq., as amended, and may assist the secretary or attorney general in any way consistent with the policy of this division. The administrator is encouraged to coop- erate with the Texas Commission on Human Rights in the enforcement of the Texas Fair Housing Act, and may assist the Texas Commission on Human Rights in any way consis- tent with the policy of this division. (d) The administrator may order discovery in aid of investigations under this division. Such discovery may be ordered to the same extent and is subject to the same limitations as would apply if the discovery were ordered in aid of a civil action in a state district court of Tarrant County, Texas. Sec. 17-91 Complaint and Answer (a) An aggrieved person, or any authorized repre- sentative of an aggrieved person, may file a complaint with the administrator not later than one year after an alleged discriminatory housing practice has occurred or terminated. A complaint may also be filed by the admin- istrator, not later than one year after an alleged dis- criminatory housing practice has occurred or terminated, if the administrator has reasonable cause to believe that a person has committed a discriminatory housing practice. C9~~ ~~~~E~'~~` TT YgA@ `yy`ApA~yyee gggg¢¢~~~~yyAA i G e ~~ C tl1~ TbAe ~~ (b) The administrator 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 Texas Commission on Human Rights under the Texas Fair Housing Act, Article lf, Vernon's Texas Revised Civil Statutes, as amended, as a complaint filed under Subsection (a). No action will be taken under this division against a person for a dis- criminatory 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 com- plainant. (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 accom- modation involved in the discriminatory housing practice, if appropriate. (6) Concise statement of the facts of the dis- criminatory housing practice, including the basis of the discrimination (race, color, sex, religion, disability, familial status, or national origin). (d) Upon the filing of a complaint, the administra- tor shall, in writing: (1) notify the complainant, and the aggrieved per- son if different from the complainant, that a complaint has been filed; and (2) advise the complainant, and the aggrieved per- son 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. -- ~~~~~~ ~~ 12 ~~~~~~~ `~ 66 M 4.ro,e ~~a ~ 9 (e) Not more than 10 days after the filing of a complaint, the administrator 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 respon- dent; (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 10 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 10th day after service of the notice and copy of the complaint, a 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. (2) Concise statement of facts in response to the allegations in the complaint and facts of any defense or exemption. (g) A complaint or answer may be amended at any reasonable time prior to a determination as to reasonable cause as hereinafter provided. The administrator shall furnish a copy of each amended complaint or answer, respectively, to the respondent or complainant, and any aggrieved person if different from the complainant, as promptly as is practicable. (h) The administrator 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 investi- gated and prior to completion of all negotiations rela- tive to a conciliation agreement. (i) A complaint, except a referred complaint described in Subsection (b) of this 13 DEE6~~AE RE~OR~ ~ SE~RET~R~ ETo ~RTH, TEX. 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 administrator shall notify the com- plainant, the aggrieved person if dif- ferent from the complainant, and the respondent, in writing, of the reasons for the delay. Sec. Z7-92 Investigation (a) Not more than 30 days after the filing of a complaint by an aggrieved person or by the administrator, the administrator shall commence an investigation of the complaint to determine whether there is reasonable cause to believe a discriminatory housing practice was com- mitted and the facts of the discriminatory housing prac- tice. (b) The administrator 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 further- ance of the investigation. (c) The administrator may, at the administrator's discretion or at the request of the respondent, the com- plainant, or the aggrieved person if different from the complainant, issue a subpoena or subpoena daces tecum to compel attendance of a witness or the production of relevant materials or documents, pursuant to the auth- ority of the city under Chapter V, Section 7 of the city charter. Failure to comply with a subpoena issued under this subsection 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 reason- able cause is made, a conciliation agreement is executed and approved or the complaint is dismissed. Unless impracticable to do so, the administrator shall complete the investigation within 100 days after the date of filing of the complaint. If the administrator is unable to complete the investigation within the 100 day period, the administrator 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 administrator to conduct such other investigations or to use such other enforcement procedures, otherwise law- ful, as the administrator considers necessary to enforce this chapter. (f) The administrator shall prepare a final inves- tigative report showing: (1) the names of and dates of contact with wit- nesses; (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. Sec. 17-93 Temporary or Preliminary Relief. (a) If at any time following the filing of a com- plaint the administrator concludes that prompt judicial action is necessary to carry out the purposes of this division, the administrator may request the city attorney to initiate a civil action in the state district court of Tarrant County, Texas for appropriate temporary or pre- liminary relief pending final disposition of the com- plaint. (b) On receipt of the administrator'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. 15 C~ ~~~~~T~~~~ ~ ~To ~~ORTNs T~~. Sec. 17-94 Conciliation. (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 crimi- nal action in municipal court, the administrator shall try to conciliate the complaint. In conciliating a complaint, the administrator 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 prac- tices. (b) If a conciliation agreement is executed under this section, a party to the agreement may not be prose- cuted in municipal court, nor may the administrator issue a charge against a party, for the discriminatory housing practice specified in the agreement under Subsection (d)(1) unless the administrator determines that the agree- ment 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 com- plainant, and the aggrieved person if different from the complainant, subject to approval of the administrator 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) 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); (2) an identification of the housing accommodation subject to the conciliation agreement; and (3) a statement that each party entering into con- ciliation agreement agrees: a. not to violate this chapter or the con- ciliation agreement; and ~E~~ ~To ORS", T~,X. F • b. that the respondent shall file with the administrator a periodic activity report, if required by the terms of the concilia- tion 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), 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 ser- vices and facilities in connection with a housing accommodation. (f) Nothing said during the course of conciliation 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 administrator determines that dis- closure is not required to further the purposes of this division. Notwithstanding a determination that dis- closure of a conciliation agreement is not required, the administrator 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 administrator shall terminate efforts to conciliate the complaint unless the court specifically requests assistance from the administrator. ~~ E~~E ~ECOR~ ~EE~ET~~~' Eta ~J~~~sn ~~ The administrator may also terminate efforts to con- ciliate the complaint if: (1) the respondent fails or refuses to confer with the administrator; (2) the aggrieved person or the respondent fails to make a good faith effort to resolve any dispute; or (3) the administrator finds, for any reason, that voluntary agreement is not likely to result. Sec. 17-95. Violation of Conciliation Agreement (a) A person commits an offense if, after the person executes a conciliation agreement under Section 17-94, he 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 dis- criminatory housing practice that gave rise to the con- ciliation agreement under Section 17-94: (1) the respondent did not commit the dis- criminatory housing practice; or (2) the administrator did not have probable cause to believe the discriminatory housing practice was committed. (c) If the administrator determines that a con- ciliation agreement has been violated, the administrator shall give written notice to all parties subject to the agreement. (d) When the administrator has reasonable cause to believe that respondent has breached a conciliation agreement, the administrator shall refer the matter to the city attorney's office with a recommendation that a civil action be filed for the enforcement of the agree- ment. The administrator shall also file a criminal action in municipal court for a violation of the agreement. Sec.. 17-96 Referral of Complaint to Hearing; Reasonable Cause Determination and Charge (a) Upon completion of the investigation and informal endeavors at conciliation by the administrator, but within 100 days of the filing of the complaint with a 18 ~ ~~~~~~~ ~~~0~~~ ~~~~~~~i ~~. ~~~~, TES. . the administrator and if conciliation has not been effected, the administrator may refer the matter com- plained of to the committee, together with the answer of the respondent, if any, and a full report of his/her investigation and activities in the matter. (b) The committee shall order a hearing if respon- dent 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 administrator to issue a determination of reasonable cause and a charge, if it finds the preponderance of the credible evidence so warrants. (c) 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 Article 6252-17 of the Revised Civil Statutes. 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 assistant. The complaint and the person or person 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 wit- nesses 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 repre- sentative after notice as provided above, then such hearing shall be deemed waived by such person or persons . (d) The hearing panel shall make such findings as a majority of its members deem are supported by the pre- ponderance of the credible evidence. Such findings shall be in writing and shall be forwarded to the administrator together with the hearing panel's determination that reasonable cause or no reasonable cause exists to believe that a discriminatory housing practice has been com- mitted. (e) A charge shall be issued by the administrator upon a panel finding of reasonable cause and: r ~~~~~~ ~~~~ 19 ~~ E~~ETAR~ ~To ~'~T~, TEX. v (1) shall consist of a short and plain written statement of the facts upon which the com- mittee 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 com- mission under this division. (f) Any charge issued by the administrator will be forwarded within 10 days to the City Attorney for action as hereinafter provided. Copies of the charge will be served on the complainant, the aggrieved person if dif- ferent from the complainant and any respondents. (g) The administrator may not issue a charge and the City Attorney may not bring or maintain a civil action in state district court for an alleged discrimina- tory 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 administrator 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 administrator shall notify the complainant, the aggrieved person if different from the complainant, and any respondents, in writing. Sec. 17-97. Dismissal of Complaint (a) A complaint may be dismissed by the adminis- trator during the investigation and prior to referral to the committee when the administrator 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 administrator in the inves- 20 ~~~~~ ~~~~~ ~~~~ ~~~~~~R~ ~; FTs ~~~~~, ~~~ ~ tigation 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 administrator 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 munici- pal 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 agree- ment is executed before the trial begins in municipal court.. (c) The administrator 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. Sec. 17-98. Civil Action in State District Court. (a) If a respondent has been found by the adminis- trator and the city attorney to have breached an executed conciliation agreement or if the administrator has issued a charge, the city attorney, upon the request of the administrator, shall initiate and maintain a civil action on behalf of the aggrieved person in the state district court seeking relief under this chapter. Venue is in Tarrant County, Texas. (b) An aggrieved person may intervene in the action. (c) If the court finds in the civil action that the conciliation agreement has been violated or a discrimina- tory housing practice has occurred, the court may award: (1) actual and punitive damages to the aggrieved person; (2) civil penalties to the city for vindication of the public interest in an amount that does not exceed: 21 ~~~~~~~~. ~~~Q~ ~~ ~~~~t~~~~r~ ~ ~~a ~~~~ 8 BYg Y 6.~. ' a. $10,000 if the respondent has not been adjudged by a court to have committed a prior discriminatory housing practice; b. except as provided by Subparagraph d. of this paragraph, $25,000 if the respondent has been adjudged by a court to have com- mitted one other discriminatory housing practice during the five-year period ending on the date of the filing of the charge; and c. except as provided by Subparagraph d. of this paragraph, $50,000 if the respon- dent, has been adjudged by a court to have committed two (2) or more discrimi- natory housing practices during the seven-year period ending on the date of the filing of the charge. d. If the acts constituting the discrimi- natory housing practice that is the subject of the charge are committed by the same individual who has been pre- viously adjudged to have committed acts constituting a discriminatory housing practice, the civil penalties in Subparagraphs b. and c. of this paragraph may be imposed without regard to the <period of time within which any -other dis- criminatory housing practice occurred; (3) reasonable attorney's fees to the city and the aggrieved person; (4) costs of court, including witness and expert witness fees; and (5} any permanent or temporary injunction, tempo- rary restraining order, or other order, including an order enjoining the defendant from engaging in the discriminatory housing practice or ordering appropriate affirmative action. (d) If actual damages are sought for the benefit of an aggrieved person who does not intervene in the civil action, the court may not award the actual damages if the aggrieved person has not complied with discovery orders entered by the court. ~EE~~~ RE~~~~ 22 ~EC~ET~~~ f3. ~~~RT~, T. (e) The city shall not be subject to orders for sanctions for the failure of the complainant, if other than the administrator, or aggrieved person to comply with discovery requests of the defendant or discovery orders of the court. (f ) Any resolution of a charge before a f final order is signed by the state district court under this section requires the consent of the aggrieved person on whose behalf the charge is issued. Sec. 17-99. Enforcement By Private Persons. (a) An aggrieved person may file a civil action in state district court not later than two years after the occurrence or termination of an alleged discriminatory housing practice or after the breach of a conciliation agreement entered into under this chapter, whichever occurs last, to obtain appropriate relief with respect to the discriminatory housing practice or the breach of the conciliation agreement. (b) An aggrieved person may file an action under this section whether or not a complaint has been filed under this division and without regard to the status of any complaint filed under this division, except as pro- vided in subsection (c). (c) An aggrieved person may not file an action under this section for an alleged discriminatory housing practice that forms the basis of a charge issued by the administrator if: (1) the administrator has obtained a conciliation agreement with the consent of the aggrieved person; or (2) the city attorney has filed a civil action on the charge in state district court on behalf of the aggrieved person. (d) In an action under this section, if the court finds that a discriminatory housing practice has occurred, the court may award to the plaintiff: (1) actual and punitive damages; (2) reasonable attorney's fees; (3) court costs; and (4} subject to Section 17-100 of this division, any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in the discriminatory housing practice or ordering appropriate affirmative action. (e) A court in a civil action brought under this section may award reasonable attorney's fees to the prevailing party and assess court costs against the non-prevailing party. Sec. 17-100. Effect of Civil Action on Certain Con- tracts. Relief granted under Section 17-98 or 17-99 does not affect a contract, sale, encumbrance, or lease that: (a) was consummated before the granting of the relief; and (b) involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the filing of a complaint under this chapter or a civil action under Section 17-101. Sec. 17-101. Service of Notice and Computation of Time. (a) For purposes of this chapter, any notice, paper, or document required to be served on any person under this chapter may be served in person or by United States mail to the person's last known address. (b) When service is by mail, three days will be added to the prescribed time period allowed under this chapter for timely filing. (c) Service is complete and time periods begin to run at the time the required notice, paper, or document is delivered in person or deposited in a United States postal receptacle. Sec. 17-102. Additional Remedies. The procedures prescribed by this division do not constitute an administrative prerequisite to another action or remedy available to the city or to an aggrieved person under federal or state law. 2 4 ~~~~~~ ~~~~R~ a, ~. ~- ~ ~ ~ Sec. 17-103. Education and Public Information. The administrator may conduct educational and public information activities that are designed to promote the policy of this division. Sec. 17-104. Effect On Other Law This ordinance does not affect any local, state, or federal restriction: (1) on the maximum number of occupants permitted to occupy a dwelling unit; or (2) relating to health or safety standards. Sec. 17-105. Interference with Exercise of Rights Unlawful It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of his/her having exercised or enjoyed, or on account of his/her having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this division, including the giving of testimony or provision of information in aid of investigation or discovery under this division. Sec. 17-106. Criminal Penalties For Violation. (a) A person who violates a provision of Section 17-88, 17-95 or 17-105 of this chapter commits a misde- meanor criminal offense. A person is guilty of a sepa- rate offense for each day or part of a day during which a violation is committed, continued, or permitted. {b) A criminal offense under this division is pun- ishable in municipal court as provided by Section 1-6 of this Code. SECTION 2. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of the Ordinance are in direct conflict with the provisions of such ordinances and such 2 5 ~~~~~~. ~~~~a~ . Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconsti- tutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining ,phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Code shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 10747 or any other ordinances affecting human relations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending ~~ ~~~a~~~~Y FTo ~~~T~9 T. _~ ! ~ litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption, effective date and penalty clause in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 7. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, effective date and penalty clause of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTION 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FO AND LEGALITY: City Attorney q Date : ~ ~ ~ ~~ l ADOPTED : _ ~"~~ / ~ ~p2- EFFECTIVE: ~'~~~~~ Rid . 27 ~Te Q~~°k'~ ~ ~~~ City ~ Fort Worth, Texa~.s Mayor and Council Communication DATE 04/21/92 EF R E N N ER 6_9624 L NAM 02FAIR E 1 of 2 SUBJECT SUBSTANTIAL E DIVALENCY AMENDMENT FOR THE HUMAN RELATIONS COMMISSION RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending the Fair Housing Division of the Human Relations Chapter of the City Code to provide rights, procedures and remedies to victims of housing discrimination which are substantially equivalent to those provided under federal and state fair housing laws. DISCUSSION: In April 1988, the federal government passed the Fair Housing Amendments Act which expanded protected categories to include familial status and disability, expanded the administrative procedures for processing housing complaints, and enlarged the remedies available to charging parties. Apart of the Fair Housing Amendments Act required agencies like the Fort Worth Human Relations Commission (the Commission), which had previously been certified as substantially equivalent, to be recertified in order to continue their contractual arrangement with the U.S. Department of Housing and Urban Development (HUD). In order for the Commission to maintain its equivalency status, HUD procedures required that: the local ordinance contain familial status and disability as protected categories, have administrative procedures for complaints to select from, and have the ability to impose penalties up to $50,000 per occurrence for violations. Although the City passed an amendment to the Fair Housing Ordinance in December 1990 and subsequently added optional administrative procedures, the penalties could not be imposed until there was a change in state law. In the summer of 1991, there were changes in state law which permitted local municipalities to utilize state law enforcement procedures and remedies, and enforce the local fair housing laws in the state courts, either independently, or through contractual arrangements with the Texas Commission on Human Rights. The proposed ordinance, which will be submitted to HUD upon approval by the City Council, addresses the required areas outlined in the 1988 Fair Housing Amendments Act and should insure that the Fort Worth Human Relations Commission will be recertified as a substantially equivalent agency. This will have the effect of retaining HRC's eligibility for HUD funding (current FY $56,000) for its Fair Housing work, and prevent the possibility of the City of Fort Worth from being disqualified as a HUD Community Development Block Grant recipient (current FY ca. $5.1 million). y g€~,~o Printed on regded paper ~ity of Fort Worth,~+exas Mayor and Council Communication DATE 04/21/92 REFERENCE NUMBER G-9624 LOG NAME 02FAIR PAGE 2 of 2 SUBJECT SUBSTANTIAL E DIVALENCY AMENDMENT FOR THE HUMAN RELATIONS COMMISSION FISCAL INFORMATION/CERTIFICATION: No immediate impact on the General Fund is anticipated. Long-term impact is contingent on many factors such as number of complaints, HUD funding criteria, choice of remedies, etc. and is therefore impossible to predict. As indicated above, not passing the amendment will almost certainly result in the loss of HUD grant funding for the Commission and jeopardize the City's CDBG Funding. BT:t Submitted for City Manager's FUNQ ACCOUNT CENTER AMOUNT CITY SECRETARY. Office by to A1~~++ C~YY COUN41l Ramon Guajardo 6143 ~ Originating Department Head: C:~l~~~~ Qf~itCt8f1CQ ~D• ~ --~ APR 21 1992 Alma Anderson 7525 from ~ For Additional Information ~ ~~ ~ Contact Ramon Guajardo 6143 pdp 5eccetazT of ~• s +o~i Printed on recycled paper