1990-083AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 9 1/2
("FAIR HOUSING") OF THE CODE OF ORDINANCES BY PROVIDING THAT
DISCRIMINATORY HOUSING PRACTICES BASED ON HANDICAP OR FAMILIAL
STATUS, AS DEFINED HEREIN, ARE UNLAWFUL; PROVIDING FOR A MAXIMUM
FINE OF $500.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Section 9 1/2-2 of the Code of Ordinances is
amended to read as follows:
Sec. 9 1/2-2. Declaration of policy.
It is the policy of the City of Denton, Texas, to provide
within constitutional limitations, for fair housing throughout
the City of Denton by ensuring the opportunity for every
person to obtain housing without regard to race, color, sex,
handicap, familial status, religion, or national origin.
SECTION II. That Section. 9 1/2-3 ("Definitions") of the Code
of Ordinances is amended by adding the following definitions:
Familial status means one or more individuals (who have not
attained the age of 18 years) being domiciled with:
1. a parent or another person having legal custody of
such individual or individuals; or
2. the designee of such parent or other person having
such custody, with the written permission of such
parent or other person.
The protections afforded against discrimination on the basis
of familial status shall apply to any person who is pregnant
or is in the process of securing legal custody of any
individual who has not attained the age of 18 years.
Handicap means, with respect to a person:
1. a physical or mental impairment which substantially
limits one or more of such person's major life
activities,
2. a record of having such an impairment, or
3. being regarded as having such an impairment,
but such term does not include current, illegal use of or
addiction to a controlled substance [as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802)].
SECTION III. That Section 9 1/2-4 of the Code of Ordinances
is amended to read as follows:
Sec. 9 1/2-4. Discriminatory housing practices.
Except as exempted by Section 9 1/2-7 of this chapter, it
shall be unlawful for any person:
(a) To refuse to sell or rent after the making of a bona fide
offer, or to refuse to negotiate for the sale or rental of, or
otherwise make unavailable or deny, a dwelling to any person
because of race, color, religion, sex, familial status, or
national origin.
(b) To discriminate against any person in the terms,
conditions, or privileges of sale or rental of a dwelling, or
in the provision of services or facilities in connection
therewith, because of race, color, religion, sex, familial
status, or national origin.
(c) To 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 status, or national
origin, or an intention to make any such preference,
limitation, or discrimination.
(d) To represent to any person because of race, color,
religion, sex, handicap, familial status, or national origin
that any dwelling is not available for inspection, sale, or
rental when such dwelling is in fact so available.
(e) For profit, to induce or attempt to induce any person to
sell or rent any dwelling by representations regarding the
entry or prospective entry into the neighborhood of a person
or persons of a particular race, color, religion, sex,
handicap, familial status, or national origin.
(f) (1) To discriminate in the sale or rental, or to
otherwise make unavailable or deny a dwelling to any
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buyer or renter because of a handicap of:
(A) that buyer or renter;
(B) a person residing in or intending to reside in
that dwelling after it is so sold, rented, or make
available; or
(C) any person associated with that buyer or
renter.
(2) To discriminate against any person in the terms,
conditions, or privileges of sale or rental of a
dwelling, or in the provision of services or facilities
in connection with such dwelling, because of a handicap
of:
(A) that person; or
(B) a person residing in or intending to reside in
that dwelling after it is so sold, rented, or made
available; or
(C) any person associated with that person.
(3) For purposes of this subsection, discrimination
includes:
(A) A refusal to permit, at the expense of the
handicapped person, reasonable modifications 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 except that, in the case of a rental, 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 condition that existed before the
modification, reasonable wear and tear excepted;
(B) a refusal to make reasonable accommodations in
rules, policies, practices, or services, when such
accommodations may be necessary to afford such
person equal opportunity to use and enjoy a
dwelling; or
(C) in connection with the design and construction
of covered multifamily dwellings for first
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occupancy after the date that is 30 months after
the date of enactment of the Fair Housing
Amendments Act of 1988 [enacted Sept. 13, 1988], a
failure to design and construct those dwellings in
such a manner that:
(i) the public use and common use portions of
such dwellings are readily accessible to and
usable by handicapped persons;
(ii) all the doors designed to allow passage
into and within all premises within such
dwellings are sufficiently wide to allow
passage by handicapped person in wheelchairs;
and
(iii) all premises within such dwellings
contain the following features of adaptive
design:
(I) an accessible route into and through
the dwelling;
(II) light switches, electrical outlets,
thermostats, and other environmental
controls in accessible locations;
(III) reinforcements in bathroom walls to
allow later installation of grab bars;
and
(IV) usable kitchens and bathrooms such
that an individual in a wheelchair can
maneuver about the space.
(4) Compliance with the appropriate requirements of the
American National Standard for buildings and facilities
providing accessibility and usability for physically
handicapped people (commonly cited as "ANSI All7.1")
suffices to satisfy the requirements of paragraph
(3) (C)(iii).
(5) As used in this subsection, the term "covered
multifamily dwellings" means:
(A) buildings consisting of 4 or more units if
such buildings have one or more elevators; and
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(B) ground floor units in other buildings
consisting of 4 or more units.
(6) Nothing in this subsection requires that a dwelling
be made available to an individual whose tenancy would
constitute a direct threat to the health or safety of
other individuals or whose tenancy would result in
substantial physical damage to the property of others.
SECTION IV. That Section 9 1/2-5 of the Code of Ordinances is
amended to read as follows:
Sec. 9 1/2-5. Discrimination in financing of housing.
(a) It shall be unlawful for any person or other entity whose
business includes engaging in residential real estate-related
transactions to discriminate against any person in making
available such a transaction, or in the terms or conditions of
such a transaction, because of race, color, religion, sex,
handicap, familial status, or national origin.
(b) As used in this section, the term "residential real
estate-related transaction" means any of the following:
(1) The making or purchasing of loans or providing other
financial assistance:
(A) for purchasing, constructing, improving,
repairing, or maintaining a dwelling; or
(B) secured by residential real estate.
(2) The selling, brokering, or appraising of residential
real property.
(c) Nothing in this chapter prohibits a person engaged in the
business of furnishing appraisals of real property to take
into consideration factors other than race, color, religion,
national origin, sex, handicap, or familial status.
SECTION V. That Section 9 1/2-6 of the Code of Ordinances is
amended to read as follows:
Sec. 9 1/2-6. Discrimination in provision of brokerage
services.
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It shall be unlawful to deny any person access to or
membership or participation in any multiple-listing service, real
estate brokers' organization or other services, organization, or
facility relating to the business of selling or renting dwellings,
or to discriminate against him in the terms or conditions of such
access, membership, or participation, on account of race, color,
religion, sex, handicap, familial status, or national origin.
SECTION VI. That Section 9 1/2-7 of the Code of Ordinances
("Exemptions and Exclusions") is amended by adding new paragraphs
(f) and (g) to read as follows:
Sec. 9 1/2-7. Exemptions and Exclusions
(f) Nothing in this chapter limits the applicability of any
other ordinance or State or Federal law restricting the
maximum number of occupants permitted to occupy a dwelling.
Nor does any provisions in this chapter regarding familial
status apply with respect to housing for older persons. As
used in this section, "housing for older persons" means
housing:
(1) provided under any State or Federal program that the
Secretary of Housing and Urban Development determines is
specifically designed and operated to assist elderly
persons (as defined in the State or Federal program); or
(2) intended for, and solely occupied by, persons 62
years of age or older; or
(3) intended and operated for occupancy by at least one
person 55 years of age or older per unit.
(g) Nothing in this chapter prohibits conduct against a
person because such person has been convicted by any court of
competent jurisdiction of the illegal manufacture or
distribution of a controlled substance as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802).
SECTION VII. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$500.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION VIII. That this ordinance shall become effective
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fourteen (14) days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the ~-~day of ~~ , 1990.
BOB CASTLEBERRY, ~R
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FO~:
DEB~ AD~I D~YOVITCH, CITY ATTORNEY
fairh~.ord
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