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HomeMy WebLinkAboutOrdinance 10747~`'~J ORDINANCE NO. ~ ~ , AN ORDINANCE AMENDING SECTIONS 17-86, 17-87, 17-88, 17-89 AND 17-90 AND CONFORMABLY RENUMBERING THE REMAINING SECTIONS OF DIVISION 4, "FAIR HOUSING", ARTICLE III, "DISCRIMINATION", OF CHAPTER 17, "HUMAN RELATIONS", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED; PROVIDING A DECLARATION OF POLICY; PROVIDING DEFINITIONS; PROHIBITING DISCRIMINA- TORY HOUSING PRACTICES AGAINST PERSONS ON ACCOUNT OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, HANDICAP, OR FAMILIAL STATUS, WITH APPROPRIATE EXEMPTIONS AND EXCLUSIONS; PROVIDING AMENDED COMPLAINT PROCEDURES; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1, Division 4, "Fair Housing", of Article III, "Discrimina- tion", of Chapter 17, "Human Relations", of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended and renumbered and, after amendment and renumbering, shall read as follows: DIVISION 4. FAIR HOUSING Sec. 17-$6. 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, reli- gion, national origin, sex, handicap 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, handicap or familial status; and further, that the denial of such rights through con- siderations based upon race, color, religion, national origin, sex, handicap or familial status is detrimental to the health, safety and welfare of the inhabitants of the City and constitutes an unjust denial or depriva- tion of such inalienable right which is within the power and the proper responsibility of government to prevent. Sec. 17-87. Definitions. (1) "Administrator" means the individual designated executive director of the Fort Worth Human Relations Commission. (2) "Aggrieved Person" includes any person who: (a) claims to have been injured by a discrimina- tory housing practice; or (b) believes that he/she will be injured by a discriminatory housing practice that is about to occur. (3} "Complainant" means a person, including the Commission, who files a complaint under Section 17-90 of this division. (4) "Commission" means the Fort Worth Human Relations Commission. (5) "Committee" means the Housing Committee of the Fort Worth Human Relations Commission. (6) "Conciliation" means the attempted resolution of issues raised by a complaint or by the investiga- tion of the complaint, through informal negotia- tions involving the aggrieved person, the respondent and the Commission. (7) "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation (8) "Discriminatory housing practice" means an act prohibited by Section 17-88 of this division. (9) "Dwelling" means: (a) any building, structure, or part of a build- ing or structure that is occupied as or designed or intended for occupancy as a resi- dency by one or more families; or 2 (b) any vacant land that is offered for sale or lease for the construction or location of a building, structure or part of a building or structure described by Subparagraph (a) immed- iately above. (10) "Family" includes a single individual. (11) "Person" includes an individual, corporation, organization, government or governmental subdivi- sion or agency, business trust, estate, trust, partnership, association, and any other legal entity. (12) "Respondent" means: (a) the person accused in a complaint of discrimi- natory housing practice; or (b ) any person identified as an additional or substitute respondent under Subsection 17-90 ' of this division. (13) "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 occu- pant. (14) "Familial status": In this division, a discrimina- tory act is committed 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 (3) is in the process of obtaining legal custody of an individual younger than 18 years of age. (15) "Handicap": (a) "Handicap" means: 1. a mental or physical impairment that substantially limits at least one major life activity; or 3 2. a record of such an impairment; or 3. a perception of such an impairment. The term does not include a condition of addiction to the use of alcohol or to the use of any controlled substance under state or federal law or to any drug. (b) Discrimination on the basis of handicap means: 1. To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of: (i) that buyer or renter, (ii) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or (iii) any person associated with that buyer or renter 3. For purposes of this subsection, discrim- ination includes: (i) a refusal to permit, at the expense of the handicapped person, reasonable modification of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises; (ii) a refusal to make reasonable accom- modations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal oppor- tunity to use and enjoy a dwel- ling; or (iii} in connection with the design and construction of covered multi- family dwellings for first occu- pancy after September 12, 1991, a failure to design and construct those dwellings in such a manner that: 4 (a) the public use and common use portions of such dwellings are readily accessible to and usable by handicapped per- sons; (b) all the doors designed to allow passage into and within all premises within such dwel- lings are sufficiently wide to allow passage by handi- capped persons in wheel- chairs; and (c) all premises within such dwel- lings contain the following features of adaptive design: (I) an accessible route into and through the dwelling; (II) light switches, elec- trical outlets, thermo- stats, and other environmental controls in accessible loca- tions; (III) reinforcements in bath- room walls to allow later installation of grab bars; and (IV} usable kitchens and bathrooms such that an individual in a wheelchair can maneu- ver about the space. 4. Compliance with the appropriate require- ments of the American National Standard for buildings and facilities providing accessibility and usability for physi- cally handicapped people (commonly cited as "ANSI-A117.1") suffices to satisfy the requirements of Paragraph 3(iii) above. 5. As used in this subsection, the term "covered multi-family dwellings" means: 5 (i) buildings consisting of 4 or more units if such buildings have one or more elevators; and (ii) ground floor units in other build- ings consisting of 4 or more units. 6. Nothing in this title shall be construed to invalidate or limit any law of a state or political subdivision of a state, or other jurisdiction in which this title shall be effective, that requires dwellings to be designed and constructed in a manner that affords handicapped persons greater access than is required by this title. 7. 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. 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, reli- gion, sex, handicap, familial status, or national origin. (2) A person may not discriminate against any person in the terms, conditions, or privi- leges of sale or rental of a dwelling, or in providing services or facilities in connec- tion with the sale or rental, because of race, color, religion, sex, handicap, familial status, or national origin. b. PUBLICATION A person may not 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, sex, handicap, familial 6 status, or national origin, or an intention to make such a preference, limitation, or discrimina- tion. c. INSPECTION A person may not represent to any person because of race, color, religion, sex, handicap, familial status, or national origin that a dwelling is not available for inspection far sale or rental when the dwelling is available for inspection. 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 particu- lar race, color, religion, sex, handicap, familial 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, handicap, familial status, or national origin. (2) In this section, "residential real estate related transaction" means: (a} making or purchasing loans or providing other financial assistance: (i) to purchase, construct, improve, repair, or maintain a dwelling; or (ii) to secure residential real estate; (b) selling, brokering, or appraising resi- dential real property. e BROKERAGE SERVICES A person may not deny any person 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 dis- criminate against a person in the terms or condi- 7 tions of access, membership, or participation in such an organization, service, or facility because of race, color, religion, sex, handicap, familial status, or national origin. f. BROKERAGE SERVICES A person may not deny any person 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 dis- criminate against a person in the terms or condi- tions of access, membership, or participation in such an organization, service, or facility because of race, color, religion, sex, handicap, 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 Commission determines is spe- cifically designed and operated to assist elderly persons under a federal or state program; (bj intended for, and solely occupied by, persons 62 years of age or older; or (c) intended and operated for occupancy by at least one person 55 years of age or older per unit as determined by the Commission. b. Certain sales and Rentals Exempted (1) Subject to Subparagraph (2) of this para- graph, 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 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 rental of more than three single-family houses at any one time; and 2. the house was sold or rented with- out: (i) the use of the sales or rental facilities or services of a real estate broker, agent, or salesman licensed under The Real Estate License Act (Article 6573a, Vernon's Texas Civil Statutes), or of an employee or agent of a licensed broker, agent, ar 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, state- ment, or advertisement pro- hibited by Section 17-88; or (b) 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 indepen- dently of each other if the owner maintains and occupies one of the living quarters as the owner's residence. (2) The exemption of Subsection b-1-(a)(1) of this section applies to only 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. Religious Organization, Nonprofit Organization and Private Club Exemption. 1. This division does not prohibit a religious organization, association, or society, or a nonprofit 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 persons 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 inci- dent 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 prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, religion, sex, handicap, familial status, or national origin. e. Effect on Other Law. (1) This division does not affect reasonable maxi- mum 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. Complaint Procedure. a. Any person who claims to have been injured by a discriminatory housing practice or who believes that he/she will be irrevocably injured by a discriminatory housing practice that is about to occur (hereafter referred to as "person aggrieved"} may file a complaint with the administrator Such complaint shall be in writing, shall be under oath 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 10 is directed to prepare and adopt from time to time standard complaint forms and to furnish them without charge to any person aggrieved. c. The administrator shall receive and accept notification and referral to complaints form the secre- tary of Housing and Urban Development pursuant to the provisions of Title VIII, Fair Housing Act of 1968, Public Law 90-284, as amended, and shall treat such complaints in the same manner as complaints filed directly by the person aggrieved. c. If, upon receipt of credible evidence pre- sented to it, the Commission shall have probable cause to believe that a discriminatory housing practice has occurred or is about to occur, it may, by majority vote, direct the administrator to file a complaint on behalf of the Commission. Said complaint shall there- after be forwarded to the appropriate state or federal agency for action. d. If, in the course of an investigation as pro- vided in Section 17-91 on a complaint filed with or referred to the Administrator, he/she shall receive credible evidence and shall have probable cause to believe that the person or persons named in such com- plaint have committed a discriminatory housing practice on grounds not stated in such complaint, the Administrator may prepare and file a supplementary com- plaint upon his/her own motion on behalf of the Commission, and such supplementary complaint shall thereafter be treated in the same manner as an original complaint filed by a person aggrieved. e. Upon the filing or referral of any complaint, the Administrator shall furnish a copy of the same to the person or persons named in the complaint. f. Complaints under Subsections (a), (c), (d) and (e) of this section shall be filed within one hundred eighty (180) days after the alleged discriminatory housing practice occurred. Complaints shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reason- ably and fairly amended at any time. Respondents may be added or substituted if so indicated by the facts and the interests of justice. A respondent may file an answer to the complaint against him/her and, with the leave of the Administrator, which shall be granted when- ever it would be reasonable and fair to do so, may amend his/her answer at any time. A copy of an amend- ment to a complaint or an answer shall be furnished to the opposing party. Both complaints and answers shall be signed by the person making them. 11 Sec. 17-91. Investigation. a. Upon the filing of a complaint as provided in this division, the Administrator shall cause to be made a prompt investigation of the matter stated in the com- plaint. b. In connection with such investigation, the Administrator may question and take and record testi- mony and statements of such persons who appear, and may examine, record and copy documents which are produced. If, after requesting production of witnesses, informa- tion and documents from the parties, such witnesses, information and documents are not forthcoming, the Administrator may notify the Commission. After approval of the City Attorney, the Commission may issue such notices and subpoenas as are necessary to assure production of such witnesses, information and docu- ments. c. During or after the investigation, the Administrator shall, if it appears that a discrimina- tory housing practice act has occurred or is about to occur, attempt by informal endeavors to effect concilia- tion, including voluntary discontinuance or rectifica- tion of the discriminatory housing practice and voluntary compliance and adequate assurance of future voluntary compliance with the provisions of this divi- sion. d. No person shall fail or refuse to obey subpoenas issued by the Commission pursuant to Subsection (b) of this section Any person charged with failure to obey a subpoena may defend by showing that the act or failure to act complained of was done under circumstances which would have excused such act or failure to act if the same had been in disobedience of an order, direction or command of a court. Sec. 17-92. committee Hearing. a. Upon completion of the investigation and informal endeavors at conciliation by the Administrator but within ninety (90) days of the filing of the com- plaint with the Administrator and if conciliation has not been effected, the Administrator may refer the matter complained 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 may set a date for a hearing convenient to the parties if respondent or complainant requests same. If respondent or complainant does not request a hearing, same shall be deemed to have been waived and the matter may then be submitted to the City 12 Attorney. At least five (5) days' prior written notice of the setting of any such hearing shall be given to the person or persons alleged to have committed or to be about to commit the discriminatory housing practice. Members of the hearing panel shall include members of the Human Relations Commission in whole or in part. 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 complainant and the person or persons alleged to have committed or to be about to commit the discrimina- tory housing practice may appear personally or by representative and with or without counsel and shall have the right to present proof and cross-examine witnesses 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 per- sons. c. If, after such hearing, a majority of the Committee shall determine on the basis of the evidence at the hearing that the complaint is well founded, the committee shall forthwith by persuasion, education and entreaty diligently attempt to secure within a reason- able time, not to exceed thirty (30) days, voluntary discontinuance of any discriminatory housing practice. Sec. 17-93. Prosecution of violations. If the Committee shall determine that a discrimina- tory housing practice has occurred and if a hearing before the committee on the complaint alleging such violation has been waived or if the Committee has held a hearing and the efforts of the Committee to secure voluntary compliance have been unsuccessful, the Committee shall refer the complaint to the Human Relations Commission with its recommendations. Upon a majority vote, the Human Relations Commission shall cause the Administrator to certify in writing, recom- mending to the City Attorney the prosecution of such violation in the Municipal Court of the City Sec. 17-94. Legal proceedings. It is the intent of this division to increase the available remedies which citizens may have to ensure 13 their rights under federal, state or local statutory or case law. Nothing in this division shall be construed as an administrative prerequisite to a citizen pursuing his/her rights under any other federal, state or local statutes, case decision or administrative ruling. Sec. 17-95. Cooperation with federal government. The Committee, the Administrator and the City Attorney are authorized and encouraged to cooperate with the Secretary for Housing and Urban Development, pursuant to the provisions of Title III, Fair Housing Act of 1968, Public Law 90-284, as amended, and may render such service to the Secretary as they shall deem appropriate to further the policies of this division and may accept reimbursement from the Secretary for services rendered to assist him/her in carrying out the provisions of the above-cited federal law. Sec. 17-96. Unlawful intimidation. It shall be unlawful intentionally or willfully to injure, intimidate, interfere with or retaliate against any person because such person has opposed any practice made unlawful by this division, or because such person has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this division. Sec. 17-97. Education, public information programs In order to further the objectives of this divi- sion, the Administrator may conduct educational and public information programs, including but not limited to the following: 1. the conducting of seminars, conferences, insti- tutes and symposia for the purpose of providing information and advice which will further the aims and objectives of this division; 2. the publication and dissemination of information concerning equal housing opportunities in the City. Sec. 17-98. Enforcement. It is the intention of Human Relations Commission enforce the provisions of thi vision of the City Manager in sions of Section 2 of Chapter the City Council that the shall be authorized to s division under the super- compliance with the provi- V of the Charter. 14 SECTION 2. 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 unconstitutional 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 3. 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 this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordi- nances and such Code are hereby repealed. SECTION 4. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provi- sions of Ordinance No. or any other ordinances affecting housing which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and ail pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected 15 by the ordinance but may be prosecuted until final disposition by the courts. SECTION 5. 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 ordinance shall be fined not more than Two Hundred Dollars ($200) far each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effec- tive date of this ordinance for two (2) days in the official news- paper of the City of Fort Worth, Texas, as authorized by Texas Local Government Code, Section 52.013. SECTION 7. That the City Secretary of the City of Fort Worth, Texas, is hereby directed to engross and enroll this ordinance by copying the caption, penalty clause and effective date in the minutes of the City Council and by filing this ordinance in the ordinance records of said City. SECTION 8. That this ordinance shall take effect immediately from and after its passage and publication as required by law, in accor- 16 dance with the provisions of the Charter of the City of Fort Worth, and it is accordingly so ordained. APPROVED AS TO FORM AND LEGALITY: ~' ~. ~Cit Attorney {~c~ Date : ~' ~ l~~yr~ ADOPTED: ~~'"~~-~~ EFFECTIVE: 17 ~~, DATE REFERENCE SUBJECT ADOPTION OF FAIR HOUSING PAGE NUMBER ORDINANCE AMENDMENTS TO CHAPTER 17 1 12-11-90 G-8956 ~ ~f^.__ "HUMAN RELATIONS" ~~T~iE E T CITY OF FORT WORTH RECOMMENDATION: The Fort Worth Human Relations Commission recommends that the City Council adopt the attached ordinance amending Chapter 17 "Human Relations" of the Code of the City of Fort Worth to outlaw housing discrimination on the basis of Handicap and Familial Status. DISCUSSION: In 1988, the United States Congress amended the Federal Fair Housing laws to include familial status and handicap as additional protected classes against which housing discrimination was impermissible. The amendments mandated, as one of the conditions for local governments to retain substantial equivalency and thus eligibility for federal funding, that local anti-discrimination laws must have similar protections. This ordinance is a necessary first step toward the Human Relations Commission's retention of substantial equivalency status, which was conferred on the Commission over a decade ago. Additional amendments will probably be necessary to complete the process. The HRC is currently in contact with the Federal Department of Housing and Urban Development and other local and state agencies and will forward other legislative proposals as they become necessary. The Human Relations Commission voted unanimously on August 28, 1990 to forward this ordinance to the City Council with its recommendation for adoption. FINANCING• No particular financial impact on the City appears indicated by this. RG:o 070RD APPROVED BY CITY CQ~I~C~L * Amended Section 17-89a (2) (a) by adding the word "or'' after the semi-colon. DEC 11 1990 City Secretary of tha City of Fort Worth, Texaa SUBMITTED FOR !Ht CITY MANAGER'S d G 6191 DISPOSITION BY COUNCIL. ^ APPROVED PROCESSED BY UFFICE BY Ramon uajar o ORIGINATING OTHER (DESCRIBE) DEPARTMENT HEAD Alma Anderson 7525 ~ "~'~ CITY SECRETARY FOR ADDITIONAL INFO ATIO l~~ma ~nderson 7525 Ado ted Ordinance No, ~~ P DATE CONTACT