80-13-Ordinance-Prohibiting Discrimination in the Sale, Rental, Financing of Housing-11/17/1980CITY OF SANGER , TEXAS
ORDINANCE NO 80-13
AN ORDINANCE DECLARING THE POLICY OF THE CITY; DEFINING TERMS;
PROHIBITING DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING;
PROHIBITING DISCRIMINATION IN THE FINANCING OF HOUSING: PRO-
HIBITING DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICES;
PROVIDING FOR CERTAIN EXEMPTIONS AND EXCLUSIONS; PROVIDING
FOR THE POSITION OF FAIR HOUSING ADMINISTRATOR; PROVIDING FOR
THE RECEIPT, INVESTIGATION AND CONCILIATION OF COMPLAINTS
ALLEGING DISCRIMINATION IN HOUSING; AUTHORIZING THE CITY
ATTORNEY TO INSTITUTE LEGAL PROCEEDINGS; FORBIDDING INTIMID-
ATION; PROVIDING FOR COOPERATION WITH THE SECRETARY OF HOUSING
AND URBAN DEVELOPMENT; PROVIDING FOR EDUCATION AND PUBLIC
INFORMATION; PROVIDING A PENALTY; AND PROVIDING A SEVERABILITY
CLAUSE.
WHEREAH, it is hereby declared to
through fair, orderly and lawful
to obtain housing without regard
- national origin; and
be the policy of the City to bring about,
procedures, the opportunity for each person
to his race, color, sex, religion or
WHEREAS, it is further declared that this policy is based upon a recognition
of the right of every person to have access to adequate housing of his own
choice without regard to race, color, sex, religion, or national origin; and
further that the denial of such right through considerations based on race,
color, sex, religion or national origin is detrimental to the health, safety
and welfare of the .inhabitants of the City and constitutes an unjust denial
or deprivation of such rights which is within the power and proper respon-
sibility of government to prevent,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
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SECTION 1: DEFINITIONS.
For the purpose of this Section the following terms, phrases, words and
their derivations shall have the meanings given herein. When not inconsistent
with the context, words so used in the present tense include the future;
words in the masculine gender include the feminine; words in the plural
number include the singular, and words in the singular number include the
plural.
A. "Discriminatory housing practice" means an act that is unlawful
under Sections 2, 3 or 4 of this ordinance.
B. "Dwelling" means any building, structure or portion thereof which
is occupied as, or designed and intended for occupancy as a residence
by one or more families or any vacant land which is offered for sale or
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lease for the construction or location thereon of any such building,
structure or portion thereof.
C. "Family" includes a single individual.
D. "Person" includes one or more individuals, corporations, partner-
ships, associations, labor organizations, legal representatives,
mutual companies, joint stock companies, trusts, unincorporated
organizations, trustees, fiduciaries, and any other organization or
entity of whatever character.
E. "To rent" includes to lease, to sublease, to let, and otherwise
to grant for a consideration the right to occupy premises not owned
by the occupant.
SECTION 2: DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING.
to;
Except as exempted by Section S, it shall be unlawful for any person
A. Refuse to sell or rent, after the making
to refuse to negotiate for the sale or rental
unavailable or deny, a dwelling to any person
sex, religion, or national origin;
f a bona fide offer, or
of, or otherwise make
be of race, color,
B. .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, sex, religion, or national origin;
C. Make, print, publish, or cause to be made, printed or published
any notice, statement or advertisement regarding the sale or rental
of a dwelling that indicates any preference, limitation or discrimin-
ation based on race, color, sex, religion or national origin, or an
intention to make any such preference, limitation or discrimination;
D. Represent to any person because of race, color, sex, religion 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 or with the hope or expectation of profit, induce or
attempt to induce any person to sell or rent any dwelling by represen-
tations regarding -the entry or prospective entry into -the neighborhood
of a person or persons of a particular race, color, sex, religion or
national origin.
F. For profit or with the hope or expectation of profit
or attempt to influence, by any words, acts, or failure
seller, purchaser, landlord or tennant of a dwelling so
the maintenance of racially segregated housing or as to
or discourage racially integrated housing.
to influence
to act, any
as to promote
retard, obstruct,
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SECTION 3: DISCRIMINATION IN THE 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 in part of the making of commercial
or residential real estate loans, to deny a loan or other financial
assistance to a person applying therefor for the purpose of purchasing,
constructing, improving, repairing or maintaining a dwelling: or to dis-
criminate against any such person in the fixing of the amount, interest
rate, brokerage points, duration, or other terms or •conditions of such
loan or other financial assistance, because of:
A. The race, color, sex, religion, or national origin of such
person or of any person associated with him i.n connection with
such loan or other financial assistance; or
B. The race, color, sex, religion, or national origin of the present
or prospective owners, lessees, tenants, or occupants of the dwelling
or dwellings for which such loan or other financial assistance is to
be made or given.
SECTION 4: DISCRIMINATION IN THE 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' or-
ganization or other service, organization or facility relating to the
business of selling or renting dwellings, or to discriminate in the terms
or conditions of such access, membership or participation, on account of
race, color, sex, religion or national origin.
SECTION 5: EXEMPTIONS AND EXCLUSIONS.
A. There shall be exempted
all transactions involving:
1. The rental of units
occupied or intended to
living independently of
and occupies one of such
from the ,application of Section 2 hereof
in dwellings containing living quarters
be occupied by no more than four families
each other if the owner actually maintains
units as his residence;
2. The rental of a single room in a dwelling containing living
quarters occupied or intended to be occupied by no more than one
family if the person offering such room for rental actually main-
tains and occupies the remainder of such dwelling as his resi-
dence and not more than four such rooms are offered.
3. The sale or rental of any single house by a private individual
who ownes such house, provided that:
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CITY SECRETARY
QRlfNG COPY
a. The sale or rental is made 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
b. The sale is made without the publication, posting or mail-
, ing of any advertisement or written notice in violation of
Section 2 (C) of this ordinance (this shall not prohibit the
use of attorneys, escrow agents, abstractors, title companies,
and other such professional assistance as necessary to perfect
or transfer the title); and
c. The owner does not own more than three single family houses
• at the time of the sale; and
d. The owner does not own any interest in, nor is there owned
or reserved on his behalf, under any express or voluntary
agreement, title to or any right to all or any portion of the
proceeds from the sale or rental of more than three such
single family houses at any one time.
_ e. If the owner does not reside in the house at the time of
sale or was not the most recent resident of such house prior
to the sale, the exemption granted by this subsection shall
apply only with respect to one such sale within any twenty-
four month period.
B. Nothing is this ordinance shall prohibit a religious organization,
association, or society or any non-profit institution or organization
operated, supervised, or controlled by or in conjunction with a
religious association, or society from limiting 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, sex, or national origin.
C. Nothing is this ordinance shall prohibit a bona fide private
club, not in fact open to the public, which as an incident to its
primary purpose, provides lodging which it owns or operates for other
than a commercial purpose, from limiting the rental or occupancy of
such lodgings to its members or from giving preference to its members.
D. Nothing in this ordinance shall bar any person from owning and
operating a housing accommodation in which a room or rooms are leased,
subleased or rented only to persons of the same sex, when such
housing accommodation contains common lavatory, kitchen or similar
facilities available for the use of all persons occupying such
housing accommodation.
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SECTION 6: FAIR HOUSING ADMINISTRATOR.
The Mayor shall appoint and Council shall confirm a Fair Housing
Administrator (hereinafter referred to as "Administrator"), who shall
have the responsibility for implementing this ordinance. The Admini-
strator may delegate his authority to investigate and conciliate com-
plaints to other city employees under his direction.
SECTION 7: COMPLAINTS.
A. Only the person who claims to have been injured by a discriminatory
housing practice who believes he will be irrevocably injured by a
discriminatory housing practice that has occurred or is occurring
(hereinafter referred to as "person aggrieved") may file a complaint
with the Administrator. Such complaints shall be in writing and shall
identify the person alleged to have committed or alleged to be commit-
ting a discriminatory housing practice and shall state the facts upon
which the allegations of a discriminatory housing practice are based.
The Administrator shall prepare complaint forms and furnish them with-
out charge to any person, upon request.
B. If at any time the Administrator shall receive or discover credible
evidence and shall have probable cause to believe that any person or
persons, have committed or are committing a discriminatory housing
practice as to which no complaint has been filed, the Administrator
may prepare and file a complaint upon his own motion and in his own name
and such complaint shall thereafter be treated in the same manner as
a complaint filed by a•person aggrieved.
C. The Administrator shall receive and accept notification and referral
complaints from the U. S. Attorney General and the Secretary of Housing
and Urban Development pursuant to the provisions of Title VIII, Fair
Housing Act of 1968, Public Law 90-284, and shall treat such complaints
hereunder in the same manner as complaints filed pursuant to paragraph
(A) of this Section.
D. All complaints shall be filed within sixty (60) days following
the occurrence of an alleged discriminatory housing practice. Upon
the filing or referral of any complaint, the Administrator shall
provide notice of the complaint by furnishing a copy of such complaint
to the persons named therein who allegedly committed or were threatening
to commit an alleged discriminatory housing practice. The accused may
file an answer to the complaint within fifteen (15) days of receipt of
the written complaint.
E. All complaints and answers shall be subscribed and sworn to before
an officer authorized to administer oaths.
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SECTION 8: INVESTIGATION.
A. Upon the filing or referral of a complaint as herein provided,
the Administrator shall cause to be made a prompt and full investi-
gation of the matter stated in the complaint.
B. During or after the investigation, but subsequent to the mailing
of the notice of complaint, the Administrator shall, if it appears
that a discriminatory housing practice has occurred or is threatening
to occur, attempt by informal endeavors to effect conciliation, in-
cluding voluntary discontinuance of the discriminatory housing practice
and adequate assurance of future voluntary compliance with the pro-
visions of this ordinance. Nothing said or done in the course of such
informal endeavors may be made public by the Administrator, by the
complaintant or by any other party to the proceedings without the
written consent of all persons concerned.
C. Upon completion of the investigation and informal endeavors at
conciliation by the Administrator, but within thirty (30) days of the
filing of the complaint with the Administrator, if the efforts of the
Administrator to secure voluntary compliance have been unsuccessful,
and if the Administrator has made a determination that a discriminatory
housing practice has in fact occurred, the Administrator shall recommend
to the City Attorney that such violation be prosecuted in the Municipal
Court of the City. With such recommendation, the Administrator shall
refer his entire file to the City Attorney. The City Attorney shall,
within thirty (30) days after such referral make a determination as
to whether to proceed with prosecution of such complaint in Municipal
Court. If the City Attorney determines to prosecute, he shall institute
a complaint and prosecute same to conclusion within thirty (30) days
after such determination or as soon thereafter as practible.
SECTION 9: CUMULATIVE LEGAL EFFECT.
This ordinance is cumulative in its
any and all other legal remedies which
SECTION 10: UNLAWFUL INTIMIDATION.
legal effect and is not in lieu of
the person aggrieved may pursue.
It shall be unlawful for any person to harass, threaten, harm, damage
or otherwise penalize any individual, group or business because he or they
have complied with the provisions of this ordinance, because he or they have
exercised his or their rights under this ordinance, or enjoyed the benefits
of this ordinance, or because he or they have made a charge, testified or
assisted in any manner in any investigation, or in any proceeding hereunder
or have made any report to the Administrator.
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SECTION 11: COOPERATION WITH SECRETARY OF HUD
The Administrator and the City Attorney are directed to cooperate wilts CRTA
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Secretary of Housing and Urban Development and the U.S. Attorney General pORGMLCOPY
to the provisions of Title VIII, Fair Housing Act of 1968, Public Law 90-284,
and shall provide for a referral system of housing discrimination complaints
filed with the City to the HUD Regional Office and shall provide for legal counsel
to those complainants who wish to file a private suit for relief.
SECTION 12: EDUCATION AND PUBLIC INFORMATION
In order to further the objectives of this ordinance, the Administrator may
conduct educational and public information programs.
SECTION 13: PENALTY
Any person, firm, or corporation violating any provision of this ordinance
shall be guilty of a misdemeanor, and upon conviction, shall be fined a sum not to
exceed Two Hundred Dollars ($200.00) for each violation. Each day a violation
continues after passage of seventy-five days from date of the filing of the initial
complaint with the Administrator shall constitute a separate and distinct offense.
Any person, firm, or corporation violating any provision of this ordinance may be
enjoined by a suit filed by the City in a court of competent jurisdiction, and this
remedy is in addition to any other penalty provision.
SECTION 14: SEVERABILITY
If any provision, section, subsection, sentence, clause, or phrase of this
ordinance, or the application of same to any person or set of circumstances is for
any reason held to be unconstitutional, void, or invalid (or for any reason un-
enforceable), the validity of the remaining portions of this ordinance or their
application to other persons or sets of circumstances shall not be affected thereby,
it being the intent of the City, that no portion hereof or provision or regulation
contained herein shall become inoperative or fail by reason of any unconstitutionality
or invalidity of any other portion, provision, or regulation, and to this end all
provisions of this ordinance are declared to be severable.
SECTION 15: CONFLICTING ORDINANCES REPEALED
A11 ordinances or parts of ordinances in conflict herewith are, to the extent
of such conflict, hereby repealed.
SECTION 16: EFFECTIVE DATE
This ordinance shall take effect
ttie publication of the cap ti%%on✓ th
%SED AND APPROVED this 1—, — day
2 of the City of
ATTEST:
immediately from and after its passage and
law in such cases provides.
' , 19 by the City
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