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Home My WebLink AboutOrdinance 8673 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13A, "DISCRIMINATION", OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1964) , AS AMENDED, BY AMENDING SECTION 13A-48 TO PROVIDE FOR THE ISSUANCE OF SUBPOENAS DURING INVESTIGATION OF FAIR HOUSING COMPLAINTS IN THE CITY OF FORT WORTH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES OR PROVISIONS OF CHAPTER 13A; REPEALING ALL ORDINANCES AND PROVISIONS OF THE CODE OF THE CITY OF FORT WORTH IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 . That Section 13A-48(b) of Chapter 13A of the Code of the City of Fort Worth, Texas (1964) , as amended, be, and the same is hereby amended to read as follows: "(b) In connection with such investigation, the adminis- trator may question and take and record testimony and statements of such persons who appeal, and may examine, record and copy documents which are produced. If, after requesting production of witnesses, information 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 documents." SECTION 2. That Section 13A-48 of Chapter 13A of the Code of the City of Fort Worth, Texas (1964) , as amended, be, and the same is hereby amended by adding Section 13A-48(e) , to read as follows: " (e) No person shall fail or refuse to obey subpoenas issued by the Commission pursuant to subsection (b) of this Article. 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." SECTION 3. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1964) , 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of such ordinances and such code, in which event conflicting provisions of such ordinances and such code are hereby repealed. SECTION 4. That it is hereby declared to be the intention of the City Council of the City of Fort Worth, Texas, that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any section, paragraph, sentence, clause or phrase of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or unconsti- tutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this ordinance since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional section, paragraph, sentence, clause or phrase. SECTION 5. That any person, firm or corporation who violates, disobeys, 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 and Noj100 Dollars ($200.00) for 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 and penalty clause and effective date of this ordinance for five (5) days in the official newspaper of the City of Fort Worth, Texas, as authorized by the TEX. REV. CIV. STATS. , Art. 1176b-1. SECTION 7. This ordinance shall be in full force and effect from and after the date of passage and publication as above specified. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: U EFFECTIVE: //. /� �� } City of Fort Worth, Texas Mayor and Council Communication NCE PATE MUMDEPt SUBJECT. PAGE to Fair Housing Ordina e, �AOE ll/l/82 **G- 5469 No. 6885, as Amended 1 0 Z Background Under the Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968) , the United States Department of Housing and Urban Development (HUD) shall refer charges of housing discrimination to a local commission, such as the Fort Worth Human Relations Commission, which administers a local fair housing law that is substantially equivalent to the Title VIII. This requirement is set forth under Section 810(c) of Title VIII (42 U.S.C. 9 3610(c)) as follows: "Wherever a State or local fair housing law provides rights and remedies for alleged discriminatory housing practices which are substantially equivalent to the rights and remedies provided in this title,. . . the Secretra shall notify the appropriate State or local agency of any complaint filed under this title. . . which appears to constitute a violation of such State or local fair housing law, and the Secretary shall take no further action wity respect to such complaint if the appropriate State or local law enforcement official has, within thirty days from the date the alleged offense has been brought to his attention, commenced proceedings in the matter, or, having done so, carries forward such proceedings with reasonable promptness. In no event shall the Secretary take further action unless he certifies that in his judgment, under the circumstances of the particular case, the protection of the rights of the parties or the interests of justice require such action." Such an arrangement is very similar to the one that the Fort Worth Human Relations Commission has with the United States Equal Employment Opportunity Commission whereby the Commission is empowered to process locally charges of employment dis- crimination. The Fort Worth Human Relations Commission has been attempting for a number of years to obtain substantial equivalency with HUD whereby the Commission would be empowered to ,process locally charges of housing discrimination. HUD officials at both the regional and Washington level, including the General Counsel's Office, consistently have stated that the Commission would need to include language in the City's Fair Housing Ordinance which would insure that the Commission could obtain the necessary testimony and documents essential to the investigation of a housing discrimination complaint. The -Fort Worth Human Relations Commission processed under its local ordinance eleven charges of housing discrimination during the 1981-82 fiscal year. Under the new referral arrangement with HUD, it is anticipated that the number of charges to be processed by the Commission would not exceed twenty to twenty-five charges per year. Proposal The City Attorney has prepared language for an amendment to the Fort Worth Fair Housing Ordinance, Chapter 13A-41 through 56, as amended, technically would satisfy DATE NUMBER REFERENCE suIWECT: Amendment to Fair Housing Ordin ce, ►AGE l 'll/l/82 **G- 5469 No. 6885, as Amended 2 .0 2 HUD's requirements and the Federal Fair Housing Law. The specific section to be amended is Section 13A-48, by changing Subsection(b) thereof, and by adding Subsection(e) thereto. Financing This will not require any additional funds for the Fort Worth Human Relations Commission. Recommendation It is recommended that the City Council adopt the attached ordinance, amending Chapter 13A,' "Discrimination", of the Code of the City of Fort Worth, to meet Federal substantial equivalency requirements for processing locally housing discrimination complaints. RAM:jc Attachment APPROVED BYI CITY_ COUNCIL � N 0V I AIR ADOPTED ORDINANCE NO. FG 7j bespos"" ry my OrIP E fir. p "WOOVED oTlw,"TR>,c p OnIER to"mM oEP&RTrExT HEAD William Hale CITY VIECRUTART FoR ADDITIONAL INIORMA IQN CONTACT: Wiliam Hale Ext. 7525 DATE