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HomeMy WebLinkAbout1979-1197 - Ordinance - 11/29/1979ORDINANCE NO. 1197 AN ORDINANCE DECLARING THE POLICY OF THE CITY OF COLLEGE STATION; DEFINING TERMS; PROHIBITING DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING; PROHIB- ITING DISCRIMINATION IN THE FINANCING OF HOUSING; PROHIBITING DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICES; PROVIDING FOR CERTAIN EXEMPTIONS AND EXCLUSIONS; PROVIDING FOR THE RECEIPT, INVESTIGATION AND CONCILIATION OF COM- PLAINTS ALLEGING DISCRIMINATION IN HOUSING; AUTHORIZING THE CITY ATTORNEY TO INSTITUTE LEGAL PROCEEDINGS; FORBIDDING INTIMIDATION; PROVIDING FOR EDUCATION AND PUBLIC INFORMATION; PROVIDING A PENALTY; AND PROVIDING A SEVERABILITY CLAUSE. WHEREAS, it is hereby declared to be the policy of the City of College Station to bring about, through fair, orderly and lawful procedures, the opportunity for each person to obtain housing without regard to his race, color, sex, religion or national origin, and 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 of College Station and constitutes an unjust denial or deprivation of such rights which is within the power and proper responsibility of government to prevent, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: Section 1. DEFINITIONS. For the purpose of this section the following terms, 4* 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 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, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unicorporated organizations, trustees, fiduci- aries, 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. F. "Private club" includes fraternities and sororoties. J3163 Ordinance No. 1197 Page 2 Section 2. DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING Except as exempted by Section 5, it shall be unlawful for any person to: A. 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 or national origin; 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 discrimination based on race, color, sex, religion or national origin, or an intention to make any such perference, 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 prosepective entry into the neighborhood of a person or persons of a particular race, color, sex, religion or national origin. 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 discriminate 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 in 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. V316r4E M Ordinance No. 1197 Page 3 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' organization 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 from the application of Section hereof all transactions involving: 1. The rental of 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 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 maintains and occupies the remainder of such dwelling as his residence and not more than four such rooms are offered. 3. The sale or rental of any single house by a private individual who owns such house, provided that: (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 W . The sale is made without the publication, posting or mailing of any advertisement or written notice in violatior.Vof 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 W . 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 the sub -section shall apply only with respect to one such sale within any twenty-four month period. i Ordinance No. 1197 Page 4 B. Nothing in 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 in 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 oper- ating a housing accommodation in which a rooms 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. Section F. COMPLAINTS A. Only a person who claims to have been injured by a discriminatory housing practice or who believes he will be irrevocably injured by a discri-- minatory housing practice that has occurred or is occuring (hereinafter referred to as "person aggrieved") may file a complaint with the City Attorney of the City of College Station. Such complaints shall be in writing and shall identify the person alleged to have committed or alleged to be committing a discriminatory housing practice and shall state the facts upon which the allegations of a discriminatory housing practice are based. The City Attorney shall ,prepare complaint forms and furnish them without charge to any person, upon request. B. If at any time the City Attorney 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 City Attorney may prepare and file 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. All complaints shall be filed within 90 days following the occurrence of an alleged discriminatory housing practice. Upon the filing of any complaint, the City Attorney shall provide notice of the complaint by furnishing a copy of such complaint to the person or 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. D. All complaints and answers shall be subscribed and sworn to before an officer authorized to administer oaths. Section 7. INVESTIGATION. A. Upon the filing of a complaint as herein provided, the City��� Vz7 Ordinance No. 1197 Page 5 shall cause to be made a prompt and full investigation of the matter stated in the complaint. B. During or after the investigation, but subsequent to the mailing of the notice of complaint, the City Attorney shall, if it appears that a discri- minatory housing practice has occured or is threatening to occur, attempt by informal endevors to effect conciliation, including voluntary discontinuance of the discriminatory housing practice and adequate assurance of future voluntary compliance with the provisions of this ordinance. C. Upon completion of the investigation and informal endevors at concil- iation by the City Attorney, but within thirty (30) days of the filing of the complaint with the City Attorney, if the efforts of the City Attorney to secure voluntary compliance have been unsuccessful, and if the City Attorney has made a determination that a discriminatory housing practice has in fact occured, such violation shall be prosecuted in the Municipal Court of the City of College Station. If the City Attorney determines to'prosecute, he shall institute a corrplaintand prosecute same to conclusion within thirty (30) days after such determination, or as soon thereafter as practicable. D. If the City Attorney determined that there is not probable cause to believe that a particular alleged or suspected discriminatory housing practice has been committed, the City Attorney shall take no further action with repect to that alleged or suspected offense. In such case the person filing the complaint shall be notified by the City Attorney and informed of any alternate action he may take. Section 8. CUMULATIVE LEGAL EFFECT. This ordinance is cumulative in its legal effect and is not in lieu of any and all other legal remedies which the person aggrrieved may pursue. Section 9. UNLAWFUL INTIMIDATION. It shall be unlawful for any person to harass, threaten, harm, damage or other --- wise 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 thay 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 City Attorney. Section 10. EDUCATION AND PUBLIC INFORMATION. In order to further the objectives of this ordinance, the City Attorney may conduct educational and public information programs. Section 11. 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 03167 M Ordinance No. 1197 Page 6. not to exceed Two Hundred Dollars ($200.00) for each violation. Each day a violation continues after passage of seventy-five (75) days from date of the filing of the initial complaint with the City Attorney 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 juris- diction, and this remedy is in addition to any penalty provision. Section 12. SEVERABILITY. If any provision, section, sub -section, 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 unenforceable), 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 Council of the City of College Station in adopting this ordinance, 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 provision of this ordinance are declared to be severable. PASSED AND APPROVED this 29th day of November, A.D., 1979. APPROVED: Mayor ATTEST: City Secretary(Assistant) APPROVED AF AS TO FORM: