HomeMy WebLinkAboutOrdinance 11384~~ _ _ ;
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ORDINANCE N0. ~~
AN ORDINANCE REVISING AND AMENDING SECTION 17-96 AND
SUBSECTION (a) OF 17-98 OF ARTICLE ITI, DIVISION 4, "FAIR
HOUSING", OF CHAPTER 17, "HUMAN RELATIONS", OF THE CODE
OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED,
DEFINING THE AUTHORITY FOR DESIGNATING EXEMPTIONS FOR
HOUSING FOR THE ELDERLY, PROVIDING FOR THE ELECTION OF A
STATE COURT REMEDY IN LIEU OF A COMMITTEE HEARING;
PROVIDING APPROPRIATE PROCEDURES FOR THE EXERCISE OF SAID
ELECTION; PROVIDING FOR JUDICIAL REVIEW; PROVIDING THAT ',`
THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
C
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, ~.t
TEXAS:
SECTION 1.
A. Subsections (a)(2)a and (a)(2)c of Section 17-89 of
Article III, Division 4 "Fair Housing," of Chapter 17, "Human
Relations," are hereby amended and after said amendment shall read
as follows:
Sec. 17-89 Exemptions; exclusions.
(a) Housing for elderly exempted.
(1) The provisions
familial status
persons.
(2} In this section
housing:
of this division relating to
do not apply to housing for older
"housing for older persons" means
a. That the Secretary of the United States
Department of Housing and Urban Development
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 (1) person fifty-five (55) years of
age or older per unit as determin ~ O.
[appropriate federal, state or local ~ 1
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agency or authority, Secretary of the United
States Department of Housing and Urban
Development.] To the extent that such a
determination falls within the jurisdiction of
the commission, the following factors at
minimum must be present for the dwelling(s) to
qualify for the exemption:
B. Section 17-96 of Article III, Division 4, "Fair Housing",.
of Chapter 17, "Human Relations", is hereby revised and amended
and, after said revision and amendment, shall read as follows:
Sec. 17-96 Referral of complaint to hearing;
election of court proceeding; 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
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) In lieu of a hearing before the committee as set out
in Section 17-96(c) below, a complainant, respondent or an
aggrieved person on whose behalf a charge is filed, may elect
in writing to have the claims asserted in the complaint
decided in State District Court provided in Section 17-98 of
this Code or as provided for under Article II, Sections 2.06
and 2.08 of the Texas Fair Housing Act (Vernon's Tex. Rev.
Civ. Stat. Ann. Art. lf, as amended) and Chapter 337 of the
Texas Commission on Human Rights Procedural Rules. This
election may be made at any reasonable time under the
foregoing laws but must be made not later than ZO days after
the receipt by the electing person of notice that a hearing
under Section 17-96(c) has been requested.
(c ) 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 b
appointed by the commission chair and include members C~~ ~~
the human relations commission in whole or in par
Reasonable notice and opportunity for discovery shall e~~ ~~~~~~A~~
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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.
(e) 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
committed.
(f) A charge shall be issued by the administrator
upon a panel finding of reasonable cause and:
(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
(3j need not be limited to the facts or grounds
alleged in the complaint filed with the com-
mission under this division.
(g) 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
different from the complainant and any respondents.
(h ) The administrator may not issue a charge an OF~~~~ R~C~H~
the City Attorney may not bring or maintain a civi
action in state district court for an alleged discrimina cm sEe~~TRR~
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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.
(i) Any final action, together with the findings or
orders thereon, of the hearing panel, commission and/or the
administrator are subject to judicial review as provided by
State law.
C. Subsection (a) of Section 17-98 of Article III, Division
4, "Fair Housing", of Chapter 17, "Human Relations", is hereby
amended and, after said amendment, shall read as follows:
(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, or if a party has elected under Section 17-
96(bj to have the claims raised by the complaint resolved
in court, 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.
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
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 phr s(~e~s~~!jo~f~ ~a -
this Ordinance are severable, and, if any phrase, clause, se t~f~~°€~' ~~y~~o
C1TY SECR~fA~Y
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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.
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. 11075 or any other ordinances affecting fair housing
which have accrued at the time of the effective date of this
Ordinance; and, as to such accrued violations and all pending
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 5.
This Ordinance shall take effect and be in full force and
effect from and after its passage, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
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~~~ i y ttorney
Date; ~ S~q3
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ADOPTED : ~'~~ /~J ~~
EFFECTIVE : ~ "~/ / '- ~~
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':5iER FILE 1 r-
ACCOUNTINQ•2 City of Fort worth, Texas
TRANSPOR7A710NfPUBLlC .WORKS+4
NefER A~~MIN{SlRayOr and Cou~;cil Communication
~~~inF~R~NG
HUMAN R
~_~~~~- 08/17/93 I a.C,riaau+awc, .....-.....+..G-10294 I --- ---- p7HRC I 1 of 2
sUS~cT SUBSTANTIAL EQUIVALENCY AMENDMENT FOR THE HUMAN RELATIONS I
COMMISSION _ _ _ J
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 arrangements with
the U S Department of Housing and Urban Development. Despite Council approval of M&C G-
9624 on April 24, 1992, substantially amending the City's Fair Housing law, and after a
protracted review process, HUD refused to grant recertification and the Commission's
substantially-equivalent status expired in September of that year
HUD's refusal to recertify was based on their perception of deficiencies in the City's ordinance
having to do with the following issues
The lack of an explicitly expressed option for a complaining party to proceed immediately
to court (instead of an in-house administrative hearing panel) following the Commission's
investigation of that person's complaint,
2 The lack of an explicitly stated appeal process from a final administrative determination by
the Commission, and
3 The failure of the City ordinance to specify that only the Secretary of Housing and Urban
Development had the authority to determine what criteria for "housing for older persons"
sufficed to create an exemption to the anti-age discrimination provisions of the ordinance
While issues 1 and 2 may involve matters within the province of the Texas Legislature, all have
been specifically addressed in the amendments The result is this proposed ordinance, which
has been informally (favorably) reviewed by HUD, and will be submitted to them for formal
approval if adopted by the Council Adoption should ensure that the F
Relations Commission will be recertified as a substantially equivalent agency ~~i~`h
CITY SEC~~TARY
fT
City of Fort Worth, Texas
Mayor and Council Communication
DATE
08/17/93 REFERENCE NUMBER
G-10294 LOG NAME
07HRC PAGE
2 of 2
SUBJECT SUBSTANTIAL EQUIVALENCY AMENDMENT FOR THE HUMAN RELATIONS
COMMISSION
effect of regaining HRC's eligibility for HUD funding (estimated to be approximately 556,000 for
fiscal year 93-94) for its Fair Housing work, and allow the Commission to expand its efforts in
fulfillment of its Fair Housing mission
The Human Relations Commission unanimously approved this recommendation at a Special
Called Meeting July 7, 1993
Upon recertification, the Commission will again be eligible for grant funding in the approximate
range stated above
FISCAL INFORMATION/CERTIFICATION.
The Director of Fiscal Services certifies that no expenditure of City funds will be required for this
action
CB b
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (m) OVED
APPR
Ramon Guajardo 6143 CITY ~ou~c~
Originating Depart,nent Head: v
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Mike Ivey 7525 (from)
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For Additional Information- ~'~
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Contact: Cite Sa~~~~
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Ramon Guajardo ~ 6143 fly o
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