Anti-Discrimination Center

Sec. 24-30. Declaration of policy. back to top

(a) It is hereby declared to be the policy of the city to bring about, through fair, orderly and lawful procedures, the opportunity for each person to obtain housing without regard to his/her race, color, sex, religion, disability, familial status, or national origin.

(b) It is further declared that this policy is grounded upon a recognition of the inalienable right of each individual to provide for himself and his/her family a dwelling according to his/her own choosing; and further, that the denial of such rights through considerations based upon race, color, sex, religion, disability, familial status, 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 inalienable right which is within the power and the proper responsibility of government to prevent.

(c) To provide rights and remedies substantially equivalent to those granted under state and federal law, pursuant to authority explicitly granted municipalities by the Texas Local Government Code Sec. 51.002.

(Ord. No. 23411, § 1, 8-18-1998)

Sec. 24-31. Definitions. back to top

For purposes of this article, the following words and phrases shall have the following meanings:

Aggrieved person includes any person who claims to have been injured by a discriminatory housing practice or believes that such person will be injured by a discriminatory housing practice that is about to occur.

Complainant means a person, including the commission, who files a complaint under section 24-40 (complaint).

Commission means the City of Corpus Christi Human Relations Commission.

Conciliation means the attempted resolution of issues raised by a complaint or by the investigation of the complaint through informal negotiations involving the aggrieved person, the respondent, and the administrator.

Conciliation agreement means a written agreement setting forth the resolution of the issues in conciliation.

Discriminatory housing practice means an act prohibited by this article.

Dwelling means any building, structure, or part of a building or structure that is occupied as, or designed and intended for occupancy as, a residence by one (1) or more families, or any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or part of a building or structure described in this article.

Family includes a single individual.

Familial status means one (1) or more individuals (who have not attained the age of eighteen (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 eighteen (18) years.

Disability means (a) a physical or mental impairment that substantially limits one (1) or more of the major life activities of such individual; (b) a record of such an impairment; or (c) being regarded as having such an impairment but such term does not include the current illegal use of or addiction to a controlled substance as defined in 21 U.S.C. 802 and does not apply to an individual because of an individual's sexual orientation or because that individual is a transvestite.

Major life activities means functions such as, caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

Person includes one (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11, receivers, and fiduciaries.

To rent includes to lease, sublease, to let, or to otherwise grant for a consideration the right to occupy premises not owned by the occupant.

Respondent means:

(1) The person accused of a violation of this article in a complaint of a discriminatory housing practice; or

(2) Any person identified as an additional or substitute respondent under section 24-43 (Additional or substitute respondent) or an agent of an additional or substitute respondent.

(Ord. No. 23411, § 1, 8-18-1998)

Sec. 24-32. Administration. back to top

(a) [Generally. ] The commission shall administer this article.

(b) Rules. The commission may adopt rules necessary to implement this article, provided that substantive rules adopted by the commission shall impose obligations, rights, and remedies which are substantially the same as provided in federal fair housing regulations. The commission may adopt procedural rules to implement this article.

(c) Complaints. The administrator shall receive, investigate, seek to conciliate, and act on complaints alleging violations of this article.

(d) Delegation of authority. The commission may, by rule, authorize the administrator to exercise the commission's powers or perform the commission's duties under this article.

(e) Reports, studies. The commission shall, at least annually, make a written report to the city council recommending legislative or other action to carry out the purposes of this article. The commission shall make studies relating to the nature and extent of discriminatory housing practices in this city.

(f) Cooperation with other entities. The commission shall cooperate with and, as appropriate, may provide technical and other assistance to federal, state, local, and other public or private entities that are formulating or operating programs to prevent or eliminate discriminatory housing practices.

(g) Subpoenas, discovery. The administrator may issue subpoenas and order discovery as provided by this section in aid of investigations and hearings under this article. The subpoenas and discovery may be ordered to the same extent and are subject to the same limitations as subpoenas and discovery in a civil action in state district court.

(h) Witness fees. Witnesses summoned by a subpoena under this article shall be entitled to the same witness and mileage fees as witnesses in state district court. Fees payable to a witness summoned by a subpoena issued at the request of a party shall be paid by that party, or, where a party is indigent, by the administrator.

(Ord. No. 23411, § 1, 8-18-1998)

Sec. 24-33. Exemptions and exclusions. back to top

(a) There shall be exempted from the application of section 24-36:

(1) Any single-family house sold or rented by an owner: provided, that such private individual owner does not own more than three (3) single-family houses at any one (1) time, provided further, 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 (1) such sale within any twenty-four (24) month period; provided further, that such bona fide private individual owner does not own any interest in nor is there owned or reserved on his/her behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three (3) such single-family houses at any one (1) time; provided further, the sale or rental of any such single-family house shall be excepted from such application only if such house is sold or rented:

a. 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, licensed under the Real Estate license Act (Art. 6753a, Vernon Texas Civil Statutes), or of any employee or agent of any such broker, agent, salesman or person, or of such facilities or services of any person in the business of selling or renting dwellings, and

b. Without the publication, posting or mailing of any advertisement or written notice in violation of section 24-36(c); but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies, and other such professional assistance as necessary to perfect or transfer the title;

(2) The rental of rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other if the owner actually maintains and occupies one of such living quarters as his/her residence.

(3) For purposes of subdivision (1)(a) of this subsection, a person shall be deemed to be in the business of selling or renting dwellings if:

a. He has, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein, or

b. He has, within the preceding twelve (12) 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 (2) or more transactions involving the sale or rental of any dwelling or any interest therein, or

c. He is the owner of any dwelling designed or intended for occupancy, or occupied by, five (5) or more families.

(b) Nothing in this ordinance regarding familial status shall apply with respect to housing for older persons.

(1) As used in this section, "housing for older persons" means housing:

a. Provided under any state or federal program specifically designed operated to assist elderly persons (as defined in the state or federal program); or

b. Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or

c. Intended and operated for occupancy by persons 55 years of age or older, and:

1. At least eighty (80) percent of the occupied units are occupied by at least one person who is fifty-five (55) years of age or older;

2. The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph; and

3. The housing facility or community complies with rules issued by the secretary for verification of occupancy, which shall:

i. Provide for verification by reliable surveys and affidavits; and

ii. Include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of clause (ii). Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification.

(2) Housing shall not fail to meet the requirements for housing for older persons by reason of:

a. Persons residing in such housing as of the date of enactment of this Act who do not meet the age requirements of subdivision (1)b. or (1)c.; provided, that new occupants of such housing meet the age requirements of subdivisions (1)b. or (1)c.; or

b. Unoccupied units: provided, that such units are reserved for occupancy by persons who meet the age requirements of subdivisions (1)b. or (1)c.

(3) a. A person shall not be held personally liable for monetary damages for a violation of this article if such person reasonably relied, in good faith, on the application of the exemption under this subsection relating to housing for older persons.

b. For purposes of this paragraph, a person may only show good faith reliance on the application of the exemption by showing that:

1. Such person has no actual knowledge that the facility or community is not, or will not be, eligible for such exemption; and

2. The facility or community has stated formally, in writing, that the facility or community complies with the requirements for such exemption.

(c) Nothing in this article 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 21 U.S.C. 802.

(d) Nothing in this article 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 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, disability, familial status, or national origin.

(e) Nothing in this article shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members.

(Ord. No. 23411, § 1, 8-18-1998; Ord. No. 23931, § 1, 2-8-2000)

Sec. 24-34. Appraisal exemption. back to top

This article does not prohibit a person engaged in the business of furnishing appraisals of residential real property from taking into consideration factors other than race, color, religion, sex, disability, familial status, or national origin.

(Ord. No. 23411, § 1, 8-18-1998)

Sec. 24-35. Effect on other law. back to top

(a) This chapter does not affect a reasonable local or state restriction on the maximum number of occupants permitted to occupy a dwelling or a restriction relating to health or safety standards.

(b) This article does not affect a requirement of nondiscrimination in any other ordinance or state or federal law.

(Ord. No. 23411, § 1, 8-18-1998)

Sec. 24-36. Discrimination in the sale or rental of housing. back to top

Except as exempted by section 24-33, it shall be unlawful for any person:

(1) 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, sex, religion, disability, familial status, or national origin.

(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 therewith, because of race, color, sex, religion, disability, familial status, or national origin.

(3) 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, sex, religion, disability, familial status, or national origin, or an intention to make any such preference, limitation or discrimination.

(4) To represent to any person because of race, color, sex, religion, disability, familial status, or national origin that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.

(5) For profit, or with the hope or expectation of 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, sex, religion, disability, familial status, or national origin.

(Ord. No. 23411, § 1, 8-18-1998)

Sec. 24-37. Disability. back to top

(a) A person shall not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to a buyer or renter because of a disability of:

(1) That buyer or renter;

(2) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

(3) Any person associated with that buyer or renter.

(b) A person shall not 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 the dwelling because of a disability of:

(1) That buyer or renter;

(2) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

(3) Any person associated with that person.

(c) For purposes of this section only, discrimination includes:

(1) A refusal to permit, at the expense of the person with the disability, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises of a dwelling, provided that, in the case of a rental, a landlord may (a) reasonably condition permission for modifications upon the renter's agreement to restore the interior of the premises to its premodification condition, reasonable wear and tear excepted, and (b) reasonably condition such permission on the renter providing a reasonable description of the proposed modifications and reasonable assurances that all work will be done in a workmanlike manner and that all required permits will be obtained.

(2) A landlord may not increase for a person with a disability any customarily required security deposit, except that, to ensure available funds for restorations, if any, a landlord may negotiate an agreement that the renter deposit into an interest bearing escrow account, over a reasonable period, a reasonable amount not to exceed the cost of restorations where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for the restoration. All interest shall accrue to the renter's benefit.

(3) A refusal to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling, including public and common use areas.

(4) Making any inquiry to determine whether an applicant for a dwelling, a person intending to reside in that dwelling or any person associated with that person, has a disability or to determine the nature or severity of any disability, except that the following inquiries may be made if these inquiries are made of all applicants, regardless of disability:

a. Inquiry into an applicant's ability to meet the requirements of ownership or tenancy;

b. Inquiry to determine whether an applicant is qualified for a dwelling available only to persons with disabilities or to persons with a particular type of disability;

c. Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with disabilities or to persons with a particular type of disability;

d. Inquiring whether an applicant for a dwelling is a current illegal user or addict of a controlled substance;

e. Inquiring whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance.

(d) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for persons with physical disabilities, commonly cited as "ANSI A117.1," suffices to satisfy the requirements of subsection (f) of this section.

(e) As used in this section, the term "covered multi-family dwellings" means:

(1) Buildings consisting of four (4) or more units if the buildings have one or more elevators; and

(2) Ground floor units in other buildings consisting of four (4) or more units.

(f) Covered multifamily dwellings occupied by March 13, 1991, or if the building permit or renewal is made before June 15, 1990, are not covered. Federal Regulations exclude such buildings from the requirements of accessibility. Federal regulations state that dwelling for first occupancy after March 13, 1991, must meet accessible route requirements, while dwellings designed and constructed for first occupancy on or before March 13, 1991, were exempted. The covered multifamily dwellings, shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of terrain or unusual characteristics of the site. For purposes of this section, a covered multifamily dwelling shall be deemed to be designed and constructed for first occupancy after March 13, 1991. If the dwelling is occupied by that date, or if the last building permit or renewal thereof for the dwelling is issued by a State, County, or local government on or before June 15, 1990, it is exempt. The burden of establishing impracticality because of terrain or unusual site characteristics is on the person or persons who designed or constructed the housing facility. All covered multifamily dwellings for first occupancy after March 13, 1991, with a building entrance on an accessible route shall be designed and constructed in a manner that:

(1) The public use and common use portions of the dwellings are readily accessible to and usable by persons with a disability;

(2) All the doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by persons in wheelchairs; and

(3) All premises within the dwellings contain the following features of adaptive design:

a. An accessible route into and through the dwelling;

b. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

c. Reinforcements in bathroom walls to allow later installations of grab bars; and

d. Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.

(g) 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.

(Ord. No. 23411, § 1, 8-18-1998; Ord. No. 23931, § 1, 2-8-2000)

Sec. 24-38. Discrimination in the financing of housing, residential real estate-related transactions. back to top

(a) A person whose business includes engaging in residential real estate related transactions may not discriminate against another in making a real estate related transaction available or in the terms or conditions of a real estate related transaction because of race, color, religion, sex, disability, familial status, or national origin.

(b) In this section, "residential real estate related transaction" means:

(1) The making or purchasing of loans or the provision of other financial assistance:

a. To purchase, construct, improve, repair, or maintain a dwelling; or

b. To secure residential real estate; or

(2) The selling, brokering, or appraising of residential real property.

(Ord. No. 23411, § 1, 8-18-1998)

Sec. 24-39. Discrimination in the provision of brokerage services. back to top

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 service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against him/her in the terms or conditions of such access, membership or participation, on account of race, color, sex, religion, disability, familial status, or national origin.

(Ord. No. 23411, § 1, 8-18-1998)

Sec. 24-40. Complaint. back to top

(a) The administrator shall begin an investigation within thirty (30) days of filing an alleged discriminatory housing practices.

(b) A complaint must be in writing and under oath according to the form prescribed by HUD and the commission.

(c) An aggrieved person may, not later than one (1) year after an alleged discriminatory housing practice has occurred or terminated, whichever is later, file a complaint with the administrator alleging the discriminatory housing practice.

(d) Not later than one (1) year after an alleged discriminatory housing practice has occurred or terminated, which ever is later, the commission may file its own complaint.

(e) A complaint may be amended at any time.

(f) On the filing of a complaint the administrator shall:

(1) Give the aggrieved person notice that the complaint has been received;

a. Advise the aggrieved person of the specific time limits applicable to complaint processing and the procedural rights and obligations of the aggrieved person and choice of forums under this article including that he/she has the right to commence a civil action under Section 813 of the Fair Housing Act in the United States District Court not later than two years after the occurrence or termination of the alleged discriminatory housing practice; and

b. A copy of the original complaint will be sent to the aggrieved person(s).

(2) Not later than the 10th day after the filing of the complaint or the identification of an additional respondent under section 24-43, serve on each respondent:

a. A notice identifying the alleged discriminatory housing practice and advising the respondent of the procedural rights and obligations of a respondent under this article; and

b. A copy of the original complaint will be sent to the aggrieved person(s).

(3) The agency must make a final administrative disposition of a complaint within one year of the date of filing of the charge.

(Ord. No. 23411, § 1, 8-18-1998; Ord. No. 23931, 2-8-2000)

Sec. 24-41. Answer. back to top

(a) Not later than the 10th day after receipt of the notice and copy under section 24-40(f), a respondent may file an answer to the complaint.

(b) An answer must be:

(1) In writing;

(2) Under oath; and

(3) In the form approved by the commission.

(c) An answer may be amended at any time.

(d) An answer does not inhibit the investigation of a complaint.

(Ord. No. 23411, § 1, 8-18-1998)

Sec. 24-42. Investigation. back to top

(a) If the state or federal government has referred a complaint pursuant to the work sharing agreement, to the commission or has deferred jurisdiction over the subject matter of the complaint to the commission, the administrator shall begin an investigation into the allegations set forth in the complaint within thirty (30) days from the receipt of complaint.

(b) The commission shall direct the administrator to investigate all complaints, and the administrator shall complete an investigation no later than the 100th day after the date the complaint is filed, or if it is unable to complete the investigation within the one hundred-day period, the administrator shall notify the complainant and the respondent in writing of the reasons for delay.

(Ord. No. 23411, § 1, 8-18-1998)

Sec. 24-43. Additional or substitute respondent. back to top

(a) The administrator may join a person not named in the complaint as an additional or substitute respondent if in the course of the investigation the administrator determines that the person should be accused of a discriminatory housing practice.

(b) In addition to the information required in the notice under subsection (f) of section 24-40 (complaint), the administrator shall include in a notice to a respondent joined under this section an explanation of the basis for the determination that the person is properly joined as a respondent.

(Ord. No. 23411, § 1, 8-18-1998)

Sec. 24-44. Conciliation. back to top

(a) The administrator shall, during the period beginning with the filing of a complaint and ending with the filing of a charge or a dismissal by the administrator to the extent feasible, engage in conciliation with respect to the complaint.

(b) A conciliation agreement is a written agreement between a respondent and the complainant and is subject to administrator's approval.

(c) A conciliation agreement may provide for binding arbitration or another method of dispute resolution. Dispute resolution that results from a conciliation agreement may authorize appropriate relief, including monetary.

(d) A conciliation agreement shall be made public unless the complainant and respondent agree otherwise, and the commission determines that disclosure is not necessary to further the purposes of this article.

(e) Nothing said or done in the course of conciliation may be made public or used as evidence in a subsequent proceeding under this article without the written consent of the persons concerned.

(f) After completion of the administrator's investigation, the administrator shall make available to the aggrieved person and the respondent, at any time, information derived from the investigation and the final investigation report related to the investigation.

(Ord. No. 23411, § 1, 8-18-1998)

Sec. 24-45. Temporary or preliminary relief. back to top

(a) If the administrator concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this article, the administrator shall request the city attorney to file a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint.

(b) Upon review of the request of the administrator's authorization, the city attorney shall promptly file an action.

(c) A temporary restraining order or other order granting preliminary or temporary relief under this section is governed by the applicable Texas Rules of Civil Procedure.

(d) The filing of a civil action under this section does not affect the initiation or continuation of administrative proceeding under section 24-54 (administrative hearing).

(Ord. No. 23411, § 1, 8-18-1998)

Sec. 24-46. Investigative report. back to top

(a) The administrator shall prepare a final investigative report showing:

(1) The names and dates of contacts with witnesses;

a. The investigative report will not disclose the names of witnesses that request anonymity, unless the administrator is required to do so under court order.

(2) A summary of correspondence and other contacts with the aggrieved person and the respondent showing the dates of the correspondence and contacts;

(3) A summary description of other pertinent records;

(4) A summary of witness statements; and

(5) Answers to interrogatories.

(b) A final report under this section may be amended if additional evidence is discovered.

(Ord. No. 23411, § 1, 8-18-1998; Ord. No. 23931, § 1, 2-8-2000)

Sec. 24-47. Reasonable cause determination. back to top

(a) The administrator shall determine, based on the facts, whether reasonable cause exists to believe that a discriminatory housing practice occurred or is about to occur.

(b) The administrator shall make the determination under subsection (a) of this section not later than the 100th day after the date a complaint is filed unless:

(1) It is impractical to make the determination; or

(2) The administrator has approved a conciliation agreement relating to the complaint.

(c) If it is impractical to make the determination within the time period provided by subsection (b) of this section, the administrator shall notify the complainant and respondent in writing of the reasons for the delay.

(d) If the administrator determines that reasonable cause exists to believe that a discriminatory housing practice occurred or is about to occur, the administrator shall, except as provided by section 24-49 (land use law), immediately issue a charge on behalf of the aggrieved person.

(Ord. No. 23411, § 1, 8-18-1998; Ord. No. 23931, § 1, 2-8-2000)

Sec. 24-48. Charge. back to top

(a) A charge issued under section 24-47 (Reasonable Cause Determination):

(1) Must consist of a short and plain statement of the facts on which the administrator has found reasonable cause to believe that a discriminatory housing practice occurred or is about to occur;

(2) Must be based on the final investigative report; and

(3) Need not be limited to the facts or grounds alleged in the complaint.

(b) Not later than the three (3) days after the Administrator issues a charge, the Administrator shall send a copy of the charge with information concerning the election under Section 24-52 (Election of judicial determination) of this article to:

(1) Each respondent, together with a notice of the opportunity for a hearing provided by section 24-54 (administrative hearing); and

(2) Each aggrieved person on whose behalf the complaint was filed.

(Ord. No. 23411, § 1, 8-18-1998; Ord. No. 23931, § 1, 2-8-2000)

Sec. 24-49. Land Use Law. back to top

If the administrator determines that the matter involves the legality of a state or local zoning or other land use law or ordinance, the administrator may not issue a charge and shall immediately refer the matter to the city attorney for appropriate action.

(Ord. No. 23411, § 1, 8-18-1998; Ord. No. 23931, § 1, 2-8-2000)

Sec. 24-50. Dismissal. back to top

(a) If the administrator determines that no reasonable cause exists to believe that a discriminatory housing practice occurred or is about to occur, the administrator shall promptly dismiss the complaint.

(1) the administrator shall issue a short and plain written statement of the facts upon which the no reasonable cause determination is based;

(2) Dismiss the Complaint;

(3) Notify each aggrieved person and each respondent of the dismissal and make public disclosure of the dismissal; unless

(4) The complainant or respondent makes a request that no public disclosure of the dismissal be made.

(Ord. No. 23411, § 1, 8-18-1998; Ord. No. 23931, § 1, 2-8-2000)

Sec. 24-51. Pending Civil Trial. back to top

The administrator may not issue a charge under this section regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under federal or state law or this article seeking relief with respect to that discriminatory housing practice.

(Ord. No. 23411, § 1, 8-18-1998; Ord. No. 23931, § 1, 2-8-2000)

Sec. 24-52. Election of Judicial Determination. back to top

(a) A complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in that charge decided in a civil action.

(b) The election must be made no later than the 20th day after the date of receipt by the electing person of the charge, or, in the case of the administrator not later than the 20th day after the date the charge was issued.

(c) The person making the election shall give notice to the Commission through the Administrator and to aggrieved persons, all other complainants and respondents to whom the charge relates.

(Ord. No. 23411, § 1, 8-18-1998; Ord. No. 23931, § 1, 2-8-2000)

Sec. 24-53. City Attorney Action For Enforcement. back to top

(a) If a timely election is made under section 24-52 (Election of Judicial Determination), the administrator upon review by and with the concurrence of the city attorney shall file a civil action on behalf of the aggrieved person in a state district court seeking relief under this section.

(b) An aggrieved person may intervene in the action.

(Ord. No. 23411, § 1, 8-18-1998; Ord. No. 23931, § 1, 2-8-2000)

Sec. 24-54. Administrative Hearing. back to top

(a) If a timely election is not made under section 24-52 (Election of Judicial Determination), the commission shall provide for a hearing on the charge. All commissioners, regardless of age, shall participate equally in all aspects of the commission except that members must be eighteen years of age to participate in administrative hearings and enforcement proceedings.

(b) Except as provided by subsection (c) of this section, the local administrative procedures govern a hearing and an appeal to state district court of a hearing under this section.

(c) A hearing under this section may not continue regarding any alleged discriminatory housing practice after the beginning of a trial of a civil action commenced by the aggrieved person under this article or federal or state law seeking relief with respect to that discriminatory housing practice.

(Ord. No. 23411, § 1, 8-18-1998; Ord. No. 23931, § 1, 2-8-2000)

Sec. 24-55. Administrative penalties. back to top

(a) If the commission determines at a hearing under this section that a respondent has engaged in or is about to engage in a discriminatory housing practice, the commission may order the appropriate relief; actual damages (including damages caused by humiliation and embarrassment), reasonable attorney's fees, court costs, and other injunctive or equitable relief.

(b) To vindicate the public interest, the commission may assess a civil penalty against the respondent in an amount that does not exceed:

(1) Eleven thousand dollars ($11,000.00) if the respondent has not been adjudged by order of the commission; in any administrative hearing under the Fair Housing Act, or any State or local Fair Housing Law, or in any licensing or regulatory proceeding conducted by a Federal, State or local agency or a court to have committed a prior discriminatory housing practice;

(2) Except as provided by subsection (c) of this section, twenty-seven thousand five hundred dollars ($27,500.00) if the respondent has been adjudged by order of the commission; in any administrative hearing under the Fair Housing Act, or any State or local Fair Housing law, or in any licensing or regulatory proceeding conducted by a Federal, State or local agency or a court to have committed one (1) other discriminatory housing practice during the five (5) year period ending on the date of the filing of this charge; and

(3) Except as provided by subsection (c) of this section, fifty-five thousand dollars ($55,000.00) if the respondent has been adjudged by order of the Commission; in any administrative hearing under the Fair Housing Act, or any State or local Fair Housing law, or in any licensing or regulatory proceeding conducted by a Federal, State or local agency or a court to have committed two (2) or more discriminatory housing practices during the seven (7) year period ending on the date of the filing of the charge.

(c) If the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same individual who has been previously adjudged to have committed acts constituting a discriminatory housing practice, the civil penalties in subdivisions (2) and (3) of subsection (b) of this section may be imposed without regard to the period of time within which any other discriminatory housing practice occurred.

(d) At the request of the administrator and after review and determination by the city attorney that the civil penalty has been assessed pursuant to the commission's authority under this article, the city attorney shall sue to recover a civil penalty under this section. Funds collected under this section shall be paid to the city treasurer for deposit in the general revenue fund.

(Ord. No. 23411, § 1, 8-18-1998; Ord. No. 23931, § 1, 2-8-2000)

Sec. 24-56. Effect of commission order. back to top

(a) A commission order under section 24-55 (Administrative penalties), does not affect a contract, sale, encumbrance, or lease that:

(1) Was consummated before the commission issued the order; and

(2) Involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the charge filed under this article.

(b) Judicial Review and Enforcement of Final Decision.

(1) Petition for review. Any party adversely affected by a final decision under section 24-55 may file a petition in the appropriate United Stated Court of Appeals for review of the decision. The petition must be filed within thirty (30) days of the date of issuance of the final decision.

(2) No petition for review. If no petition for review is filed under subsection (a) within forty-five (45) days from the date of issuance of the final decision, the findings of facts and final decision shall be conclusive in connection with any petition for enforcement described under subsection (c) filed thereafter by the city attorney, and in connection with any petition for enforcement described under subsection (d).

(3) Enforcement. Following the issuance of a final decision, the city attorney may petition the appropriate United States Court of Appeals for the enforcement of the final decision and for appropriate temporary relief or restraining order.

(4) Enforcement by others. If before the expiration of sixty (60) days from the date of issuance of the final decision, no petition for review of the final decision has been filed, and the city attorney has not sought enforcement of the final decision as described in paragraph (c) of this section, any person entitled to relief under the final decision may petition the appropriate United States Court of Appeals for the enforcement of the final decision.

(Ord. No. 23411, § 1, 8-18-1998; Ord. No. 23931, § 1, 2-8-2000)

Sec. 24-57. Licensed or regulated businesses. back to top

If the commission issues an order with respect to a discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by a government agency, the commission shall direct the administrator to not later than the 30th day after the date of the issuance of the order:

(1) Send copies of the findings and the order to the governmental agency; and

(2) Recommend to the governmental agency appropriate disciplinary action.

(Ord. No. 23411, § 1, 8-18-1998)

Sec. 24-58. Order in preceding five years. back to top

If the commission issues an order against a respondent whom another order was issued within the preceding five (5) years under section 24-55 (administrative penalties), the commission shall send a copy of each order issued under that section to the Texas Commission on Human Rights and to the Attorney General for the State of Texas.

(Ord. No. 23411, § 1, 8-18-1998; Ord. No. 23931, § 1, 2-8-2000)

Sec. 24-59. Cooperation with state and federal agencies. back to top

(a) The commission is encouraged to cooperate with the Secretary of Housing and Urban Development and the Attorney General of the United States in the enforcement of the Fair Housing Act of 1968, 42 U.S.C. § 3601, et seq., as amended, and may assist the Secretary or Attorney General of the United States in any way consistent with the policy of this chapter. The commission is encouraged to cooperate with the Texas Commission on Human Rights in the enforcement of the Texas Fair Housing Act, Ch. 301 Texas Property Code, as amended, and may assist the commission in any way consistent with the policy of this chapter.

(b) The commission shall treat a complaint referred by the Secretary of Housing and Urban Development or the Attorney General of the United States under the Fair Housing Act of 1968, 42 U.S.C. § 3601, et seq., as amended, or by the Texas Commission on Human Rights under the Texas Fair Housing Act, Ch. 301 Texas Property Code, as amended, as a complaint dual filed under this article. No action will be taken under this article against a person for a discriminatory housing practice if the referred complaint was filed with the governmental entity later than one (1) year after an alleged discriminatory housing practice occurred or terminated.

(Ord. No. 23411, § 1, 8-18-1998)

Sec. 24-60. Civil action. back to top

(a) An aggrieved person may file a civil action in district court not later than the end of the second (2nd) year after the occurrence or the termination of an alleged discriminatory housing practice, or the breach of a conciliation agreement entered into under this article, whichever occurs last, to obtain appropriate relief with respect to the discriminatory housing practice or breach.

(b) The two (2) year period does not include any time during which an administrative hearing under this article is pending with respect to a complaint or charge under this article based on the discriminatory housing practice. This subsection does not apply to actions arising from a breach of a conciliation agreement.

(c) Except as otherwise provided in subsections (d) and (e), an aggrieved person may file an action under this section whether or not a complaint has been filed under section 24-40 (Complaint), and without regard to the status of any complaint filed under that section.

(d) If the commission has obtained a conciliation agreement with the consent of an aggrieved person, the aggrieved person may not file an action under this section with respect to the alleged discriminatory housing practice that forms the basis for the complaint except to enforce the terms of the agreement.

(e) An aggrieved person may not file an action under this section with respect to an alleged discriminatory housing practice that forms the basis of a charge issued by the administrator if the commission has begun a hearing on the record under this article with respect to the charge.

(Ord. No. 23411, § 1, 8-18-1998)

Sec. 24-61. Intervention by city attorney. back to top

(a) On request of the administrator and with the concurrence of the city attorney, the city attorney may intervene in an action if the administrator certifies that the case is of general public importance.

(b) The city attorney may obtain the same relief available under section 24-54 (pattern and practice cases).

(Ord. No. 23411, § 1, 8-18-1998)

Sec. 24-62. Pattern and practice cases. back to top

(a) On the request of the administrator and with the concurrence of the city attorney the city attorney may file a civil action in state district court for appropriate relief if the administrator has reasonable cause to believe that:

(1) A person is engaged in a pattern or practice of resistance to the full enjoyment of any right granted by this article; or

(2) A person has been denied any right granted by this article and that denial raises an issue of general public importance.

(b) In an action under this section the court may:

(1) Award preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this chapter as necessary to assure the full enjoyment of the rights granted by this chapter;

(2) Award other appropriate relief, including monetary damages, reasonable attorney fees, and court costs; and

(3) To vindicate the public interest, assess a civil penalty against the respondent in an amount that does not exceed:

a. Fifty thousand dollars ($50,000.00) for a first violation; and

b. One hundred thousand dollars ($100,000.00) for a second or subsequent violation.

(c) A person may intervene in an action under this section if the person is:

(1) A person aggrieved by the discriminatory housing practice; or

(2) A party to a conciliation agreement concerning the discriminatory housing practice.

(3) Additionally, relief is available to the intervenor. The court may grant such appropriate relief to any such intervening party as is authorized to be granted to a plaintiff in a civil action.

(Ord. No. 23411, § 1, 8-18-1998; Ord. No. 23931, § 1, 2-8-2000)

Sec. 24-63. Subpoena enforcement. back to top

The city attorney, on behalf of the administrator or other party at whose request a subpoena is issued under this article, may enforce the subpoena in appropriate proceedings in state district court.

(Ord. No. 23411, § 1, 8-18-1998)

Sec. 24-64. Prevailing party. back to top

The court in a civil action or the commission in an administrative hearing under section 24-54 (Administrative Hearing), may award reasonable attorney's fees to the prevailing party and assess costs against the nonprevailing party.

(Ord. No. 23411, § 1, 8-18-1998; Ord. No. 23931, § 1, 2-8-2000)

Sec. 24-65. Interference, coercion, or intimidation: enforced by civil action back to top

It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this section.

(Ord. No. 23411, § 1, 8-18-1998; Ord. No. 23931, § 1, 2-8-2000)

Sec. 24-66. Criminal Penalty--Intimidation or interference back to top

Whomever, whether or not acting under color of law, by force or threat of force, willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with:

(a) Any person because of his race, color, religion, sex, handicap, familial status, or national origin and because he is or has been selling, purchasing, renting, financing occupying, or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; or

(b) Any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from:

(1) Participating, without discrimination on account of race, color, religion, sex, handicap, familial status, or national origin, in any of the activities, services, organizations or facilities described in subsection (a) of this section or

(2) Affording another person or class of persons opportunity or protection so to participate; or

(c) Any citizen because he is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, handicap, familial status, or national origin, in any of the activities, services, organizations or facilities described in subsection (a) of this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate.

(d) An offense under this section is a Class A Misdemeanor.

(Ord. No. 23931, § 1, 2-8-2000)

Secs. 24-67--24-79. Reserved. back to top