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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 Page 2 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 Page 3 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 Page 4 (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. Page 5 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 Page 6 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 Page 7