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1981-033AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ADDING THERETO A CHAPTER 27 ENTITLED "FAIR HOUSING" BY PROVIDING A SHORT TITLE, DECLARING THE POLICY OF THE CITY AGAINST DISCRIMINATION IN HOUSING, DEFINING TERMS, PROHIBITING DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING, PROVIDING FOR CERTAIN EXEMPTIONS AND EXCLUSIONS, PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER, PROVIDING FOR REMEDIES, FORBIDDING INTERFERENCE, COERCION, OR INTIMIDATION, PROVIDING FOR COOPERATION WITH FEDERAL AND STATE AGENCIES, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY, PROVIDING FOR PUBLICATION, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS PART I That the Code of Ordinances of the City of Denton, Texas, as amended, is hereby amended by adding a Chapter 27 to the contents thereof, which said Chapter shall read as follows CHAPTER 27 FAIR HOUSING TABLE OF CONTENTS Section 27-1 Short Title Section 27-2 Declaration of Policy Section 27-3 Definitions Section 27-4 Discriminatory Housing Practices Section 27-5 Discrimination in Financing of Housing Section 27-6 Discrimination in Provision of Brokerage Services Section 27-7 Exemptions ~ Exclusions Section 27-8 Administration Section 27-9 Enforcement Section 27-10 Cumulative Legal Effect Section 27-11 Interference, Coercion, or Intimidation Section 27-12 Cooperation with Federal and State Agencies Section 27-13 Education ~ Public Information SECTION 27-1 SHORT TITLE This Chapter may be cited as the Denton Fair Housing Ordinance ~CTION 27-2 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 insuring the opportunity for every person to obtain housing without regard to race, color, sex, religion, or national origin SECTION 27-5 DEFINITIONS As used ~n this Chapter, unless the context requires a different definition 1 "Administrator" means the individual serving as the Fair Housing Administrator and includes the assistants, agents, or employees designated by the administrator 2 "Dwelling" means any building, structure, or portion thereof which ~s occupied as, or designed or Intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof 3 "Family" Includes a single individual 4 "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries, and any other organization or entity of whatever character S "To Rent" ~ncludes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant 6 "Discriminatory Housing Practice" means an act that is unlawful under Section 27-4 of this Chapter SECTION 27-4 DISCRIMINATORY HOUSING PRACTICES Except as exempted by Section 27-7 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, 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 prowslon of services or facilities in connection PAGE 2 therewith, because of race, color, religion, sex, or national or,gin (c) To make, print, or publish, or cause to be made, printed, or published any not~ce, 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, 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, or national orlg~n that any dwelling ~s not available for ~nspectlon, sale, or rental when such dwelling ~s in fact so available (e) For profit, to induce or attempt to ~nduce any person to sell or rent any dwelling by representatives regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, or national origin SECTION 27-S DISCRIMINATION IN FINANCING OF HOUSING It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or part in the making of commercial real estate loans, to deny a loan or other f~nanc~al assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to d~scnm~nate against any such person in the f~xlng of the amount, interest rate, duration, or other such terms or conditions of such loan or other financial assistance, because of (a) the race, color, religion, sex, or national or,gin of such person or of any person associated w~th h~m ~n connection with such loan or other f~nanc~al assistance or the purposes of such loan or other financial assistance, or (b) the race, color, religion, sex, or national or~g~n of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings ~n relation to which such loan or other f~nanc~al assistance ~s to be made or g~ven PAGE SECTION 27-6 DISCRIMINATION IN PROVISION OF BROKERAGE SERVICES It shall be unlawful for any person to deny access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, 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 in partlclpatlon~ on account of race, color, religion, sex, or national origin SECTION 27-7 EXEMPTIONS ~ EXCLUSIONS (a) Nothing in Section 27-4 of this Chapter {other than subsection (c)) shall apply to 1 Any single-family house sold or rented by an owner, provided, (a) that such private individual owner does not own more than three such single-family houses at any one time, (b) that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale w~thln any twenty-four month period, (c) that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time, {d) the sale or rental of any such single- family house shall be excepted from the application of this section only if such house is sold or rented [1) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and {2) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of Section PAGE 4 27-4(c) of this Chapter, but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such pro£esslonal assistance as necessary to perfect or transfer the title 2 Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence $ Rental of a single room in a dwelling containing living quarters occupied by no more than one family if the person offering such room for rental actually maintains and occupies the remainder of such dwelling as his residence and not more than four such rooms are offered {b) For the purposes of section [a) of this section, a person shall be deemed to be in the business of selling or renting dwellings if 1 the person has, within the preceedlng twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or 2 the person has, within the preceedlng twelve months, participated as agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or 5 the person is the owner of any dwelling designed or intended for occupancy by, five or more families (c) Nothing in this Chapter shall prohibit a religious organization, association, or society, or any nonprofit Institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from llmltlng the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color or national origin (d) Nothing in this Chapter shall prohibit a private club not in fact open to the public, which as an incident to its PAGE 5 primary purpose or purposes prowdes lodging which ~t owns or operates for other than a commercial purpose, from l~m~t~ng the rental or occupancy of such lodgings to ~ts members or from g~wng preference to ~ts members (e) Nothing in th~s Chapter shall prohibit any person from owning and operating a dwelling ~n which a room or rooms are leased, subleased or rented only to persons of the same sex, when such dwelling contains one common lavatory and k~tchen facility available for the use of all persons occupying such dwelling SECTION 27-8 ADMINISTRATION (a) The authority and responsibility for administering th~s Chapter shall be the ~nd~wdual appointed as the Fair Housing Administrator by the C~ty Manager of the C~ty of Denton, Texas (b) The Administrator may delegate any of h~s functions, duties, and powers to employees of the C~ty of Denton under h~s d~rect~on, ~nclud~ng functions, duties and powers w~th respect to ~nvest~gat~ng, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, bus,ness, or matter under th~s Chapter SECTION 27-9 ENFORCEMENT (a) Any person who claims to have been ~n3ured by a d~scr,m~natory housing practice or who believes that he w~ll be ~rrevocably ~n3ured by a d,scr~m~natory housing practice that ~s about to occur (hereinafter "person aggrieved") may f~le a complaint w~th the Administrator Complaints shall be ~n writing and shall contain such ~nformat~on and be ~n such form as the Adm~n,strator requires Upon receipt of such complaint the Administrator shall furnish a copy of the same to the person or persons who allegedly committed or are about to commit the alleged discriminatory housing practice A copy of all written complaints received by the Adm~n,strator shall be forwarded to the Fair Housing and Equal Opportunity D~v~s~on of the Region VI Off~ce of the Department of Housing and Urban Development W~thin thirty (50) days after rece~wng a PAGE 6 complaint, the Administrator shall investigate the complaint the complaint and give notice ~n writing to the person aggrieved whether he intends to resolve it If the Administrator dec~des to resolve the complaint, he shall proceed to try to eliminate or correct the alleged d~scrm~natory housing practice by ~nformal methods of conference, conciliation, and persuasion Nothing sa~d or done ~n the course of such ~nformal endeavors may be made public or used as evidence ~n a subsequent proceeding under th~s Chapter w~thout the written consent of the persons concerned (b) A complaint under subsection (a) of this section shall be flied within thirty (30) days after the alleged d~scnmxnatory housing practice occurred Complaints shall be ~n writing and shall state the facts upon which the allegations of a discriminatory housing practice are based Complaints may be reasonably and fairly amended at any t~me A respondent may f~le a written answer to the complaint against h~m w~th~n ten (10) days of receipt of notification, and may amend his answer at any t~me Both complaints, answers, and amendments shall be verified (c) If within s~xty (60) days after a complaint ~s filed w~th the Administrator, the Administrator has been unable to obtain voluntary complzance w~th th~s Chapter, and ~f the Administrator reasonably believes that a dzscr~m~natory housing practice or practices have occurred, the Administrator shall refer such violation or wolatlons to the City Attorney for prosecution If the City Attorney determines to prosecute, he shall commence proceedings ~n the matter ~n the Municipal Court and carry forward such proceedings w~th reasonable promptness (d) The Municipal Court ~n which a proceeding is instituted under th~s Chapter shall asszgn the case for hearing at the earliest practzcable date and cause the case to be ~n every way expedited (e) The Administrator shall receive and accept notification and referral complaints from the U S Attorney General and the PAGE 7 Secretary of Housing and Urban Development pursuant to the prowslons of t~tle VIII, Fair Housing Act of 1968, Public Law 90-284, as amended (42 U S C Sec $610), and shall treat such complaints ~n the same manner as other complaints f~led pursuant to th~s section (f) Whenever the Administrator has reasonable cause to believe that any person or group of persons ~s engaged ~n a pattern or practice of resistance to the full enjoyment of any of the r~ghts granted by th~s Chapter, or that any group of persons has been den~ed any of the r~ghts granted by th~s Chapter, he may prepare and f~le a complaint setting forth the facts ~n h~s own name and such complaint shall be treated ~n the same manner as a complaint f~led by a person aggrieved SECTION 27-10 CUMULATIVE LEGAL EFFECT Th~s Chapter is cumulative ~n ~ts legal effect and ~s not ~n l~eu of any and all other legal remedies which the person aggrieved may pursue SECTION 27-11 INTERFERENCE, COERCION, OR INTIMIDATION It shall be unlawful to coerce, ~nt~m~date, threaten, or interfere w~th any person ~n the exercise or enjoyment of, or on account of h~s hav~ng exercised or enjoyed, or on account of h~s having a~ded or encouraged any other person ~n the exercise or enjoyment of, any right granted or protected by Section 27-4, 27-5, 27-6, or 27-7 of th~s Chapter SECTION 27-12 COOPERATION WITH FEDERAL AND STATE AGENCIES The Administrator and C~ty Attorney are authorized to cooperate w~th federal and state agencies charged w~th the administration of fair housing laws S~CTION 27-15 EDUCATION AND PUBLIC INFORMATION In order to further the ~ntent and objectives of th~s Chapter, the Administrator may conduct educational and public ~nformatlon programs PART II If any provision, section, subsection, sentence clause, phrase or word ~n th~s ordinance, or application thereof to any PAGE 8 person or circumstances is held invalid, unconstitutional, or for any reason unenforceable by a court of competent 0ur~sdlctlon, such holding shall not affect the validity of the remaining portions of th~s ordinance, and the application of the provision, section, subsection, sentence, clause, phrase or word to other persons or c~rcumstances shall not be affected thereby, ~t being the ~ntent of the C~ty Council of the C~ty of Denton, Texas, ~n adopting and approwng th~s ordinance that all provisions, sections, subsections, sentences, clauses, phrases or words be severable PART III A person who wolates th~s ordinance ~s guilty of a separate m~sdemeanor offense for each day or port~on of a day on which the wolat~on ~s committed, and each offense ~s punishable by a f~ne of not more than Two Hundred Dollars ($Z00 00) PART IV That thxs ordxnance shall become effective fourteen days from the date of its passage, and the Cxt¥ Secretary xs hereby dxrected to cause the captxon of thxs ordxnance to be publxshed twxce xn the Denton Record-Chronxcle, the offxclal newspaper of the Cxty of Denton, Texas, wxthxn ten (10) days of the date of its passage PASSED AND APPROVED th~s the ~f~ day of f~/~ , 1981 AR~, MAYOR TEXAS CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS PAGE 9