Loading...
HomeMy WebLinkAbout2011-3320 - Ordinance - 02/24/2011ORDINANCE NO.2DI1-3320 AN ORDINANCE AMENDING CHAPTER 4, "BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 4, "BUSINESS REGULATIONS", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this N+L.. day of R?hr _ ar-U .2011. J APPROVED: 7~I MAYOR V ATTEST: CZLI lit-(J✓U.// ~c.~k~21 n ~ City Secreta# APPROVED: City Attorney ORDINANCE NO. 2.011- 332-6 Page 2 EXHIBIT "A" That Chapter 4, "BUSINESS REGULATIONS", Section 12, "FAIR HOUSING REGULATIONS", of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: A. 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. (1) Discriminatory Housing Practice means an act that is unlawful under subsections B, C, D. E or F of this section. (2) Dwelling means any building, structure, or portion thereof which 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 portion thereof. (3) Family includes a single individual. (4) Person includes one (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, fiduciaries, and any other organization or entity of whatever character. (5) 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. (6) Private Club includes fraternities and sororities. B. DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING Except as exempted by subsection E, it shall be unlawful for any person to: (1) 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, national origin, familial status, or handicap (disability). (2) 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, national origin familial status, or handicap (disability). ORDINANCE NO. Z011-332.0 Page 3 (3) 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, national origin, familial status, or handicap (disability), or an intention to make any such preference, limitation, or discrimination. This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act. (4) Represent to any person because of race, color, sex, religion, national origin, familial status, or handicap (disability) 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, 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, national origin, familial status or handicap (disability). C. 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 therefore 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 the race, color, sex, religion, national origin, familial status, or handicap (disability) of such person or of any person associated with him in connection with such loan or other financial assistance or the race, color, sex, religion, national origin, familial status, or handicap (disability) 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. 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 or purchasing of commercial or residential real estate loans, to discriminate in appraising property, refuse to purchase a loan, or set different terms or conditions for purchasing a loan because of race, color, sex, religion, national origin, familial status, or handicap (disability). D. 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, national origin, familial status, or handicap (disability). E. ADDITIONAL PROTECTION FOR THE DISABLED ORDINANCENO. Zdll - 3320 Page 4 It shall be unlawful for a landlord to refuse to let tenant or someone associated with tenant to make reasonable modifications to dwelling or common areas, at tenant's expense, or to make reasonable accommodations in rules policies, practices or services if necessary for the disabled person to use the housing which includes tenant or someone associated with tenant that have or are regarded as having a physical or mental disability (including hearing, mobility, and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits one or more major life activities. Not replacing more stringent standards in State or local law, new buildings with an elevator and four or more units are required to have public and common areas accessible to persons with disabilities, doors and hallways must be wide enough for wheelchairs, and units must have an accessible route into and through the unit, have accessible light switches, electrical outlets, thermostats, and other environmental controls, reinforced bathroom walls to allow later installation of grab bars , and kitchens and bathrooms that can be used by people in wheelchairs. F. HOUSING OPPORTUNITIES FOR FAMILIES It shall be unlawful for a building or community to discriminate against families in which one or more children under 18 live with a parent, a person who has legal custody of the child or children, or the designee of the parent or legal custodian with the parent or custodian's written permission; unless the building or community is determined by the HUD Secretary that it is specifically designed for elderly persons under a Federal, State, or local government program, is occupied solely by persons who are 62 or older, or houses at least one person who is 55 or older in at least 80 percent of the occupied units and adheres to a policy that demonstrates an intent to house person who are 55 or older. G. EXEMPTIONS AND EXCLUSIONS There shall be exempted from the application of this section all transactions involving: (1) Exemptions Enumerated (a) The rental of units in dwellings containing living quarters occupied or in-tended to be occupied by no more than four (4) families living independently of each other if the owner actually maintains and occupies one (1) of such units as his residence. (b) The rental of a single room in a dwelling containing living quarters occupied or intended to be occupied by no more than one (1) 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 (4) such rooms are offered. (c) The sale or rental of any single house by a private individual who owns such house; provided that: (i) 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 such broker, agent, salesman, or person; and (ii) The sale is made without the publication, posting, or mailing of any advertisement or written notice in violation of subsection B(3) of this ORDINANCE NO. 'LO) I - 3320 Page 5 section; 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 (iii) The owner does not own more than three (3) single-family houses at the time of the sale; and (iv) The owner does not own any interest in, nor is there owned or re-served 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 (3) such single-family houses at any one (1) time. (v) 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 (1) such sale within any twenty-four (24) month period. (2) Religious Organizations Nothing in this section 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 association or society from limiting the sales, 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, national origin, familial status, or handicap (disability). (3) Private Clubs Nothing in this section 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 and 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. (4) Housing Accommodations Nothing in this section 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. H. COMPLAINTS (1) Who May File Only a person who claims to have been injured by a discriminatory housing practice or 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 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 ORDINANCE NO. ZO►► - 33ZO Page 6 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. (2) City Attorney May File Complaint 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 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. (3) Deadlines; Notifications All complaints shall be filed within ninety (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. (4) Subscribed and Sworn All complaints and answers shall be subscribed and sworn to before an officer authorized to administer oaths. INVESTIGATION (1) By City Attorney Upon the filing of a complaint as herein provided, the City Attorney shall cause to be made a prompt and full investigation of the matter stated in the complaint. (2) City Attorney to Effect Conciliation During or after the investigation, but subsequent to the mailing of the notice of complaint, the City Attorney shall, if it appears that a discriminatory housing practice has occurred or is threatening to occur, attempt by informal endeavors to effect conciliation, including voluntary discontinuance of the discriminatory housing practice and adequate assurance of future voluntary compliance with the provisions of this section. (3) When City Attorney May Prosecute Upon completion of the investigation and informal endeavors at conciliation 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 ORDINANCE NO. 2A)) - 3320 Page 7 unsuccessful, and if the City Attorney has made a determination that a discriminatory housing practice has in fact occurred, 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 complaint and prosecute same to conclusion within thirty (30) days after such determination, or as soon thereafter as practicable. (4) Lack of Probable Cause If the City Attorney determines 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 respect 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. CUMULATIVE LEGAL EFFECT This section is cumulative in its legal effect and is not in lieu of any and all other legal remedies which the person aggrieved may pursue. K. UNLAWFUL INTIMIDATION 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 section, because he or they have exercised his or their rights under this section, or enjoyed the benefits of this section, 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 City Attorney. L. EDUCATION AND PUBLIC INFORMATION In order to further the objectives of this section, the City Attorney may conduct educational and public information programs. M. PENALTY (1) Any person, firm or corporation violating any provision of this section shall be guilty of a misdemeanor, and upon conviction shall be fined pursuant to the General Penalty set out in Chapter 1, Section 5, of this Code of Ordinances. Each day a violation continues after passage of seventy-five (75) days from the date of the filing of the initial complaint with the City Attorney shall constitute a separate and distinct offense. (2) Any person, firm or corporation violating any provision of this section may be enjoined by a suit filed by the City in a court of competent jurisdiction, and this remedy is in addition to any penalty provision.