Ordinance No. 13,226ORDINANCE NO. 13,226
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE IV
"BOARDS AND COMMISSIONS" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO ADD A NEW DIVISION TO BE NUMBERED AND
ENTITLED DIVISION 11 "FAIR HOUSING COMMISSION," AMENDING
CHAPTER 46 "HUMAN RELATIONS," ARTICLE II "FAIR HOUSING" OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO DISCRIMINATION
CONCERNING THE SALE, RENTAL, AND FINANCING OF HOUSING
BASED UPON RACE, RELIGION, NATIONAL ORIGIN, SEX, AND
FAMILIAL STATUS; PRESCRIBING A MAXIMUM PENALTY OF FIVE
HUNDRED AND NO /100 DOLLARS ($500.00); PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 2 "Administration," Article IV "Boards and Commissions"
of the Code of Ordinances, Baytown, Texas, is hereby amended to add a new division to be
numbered and entitled Division 11 "Fair Housing Commission," which shall read as follows:
CHAPTER 2. ADMINISTRATION
ARTICLE IV. BOARDS AND COMMISSIONS
DIVISION 11. FAIR HOUSING COMMISSION
Sec. 2-561. Created
There is created a fair housing commission to implement the policies and intent of article
II of chapter 46 of this code.
Sec. 2-562. Composition.
(a) The fair housing commission shall be appointed by the city council for two -year terms
and be composed of the fair housing officer, a staff member from the city's legal
department, a staff member from the housing authority in the city, and two members of
the community development advisory committee.
(b) The terms of persons appointed as members of the fair housing commission shall be as
follows:
(1) Of the initial five members appointed by the city council, three shall be
appointed to serve two -year terms and two shall be appointed to serve a one -
year term;
(2) Appointments to vacancies shall be for the unexpired term of the position to
which the appointment is made; and
(3) Members shall serve until their successors have been appointed.
See. 2 -563. Powers and duties.
The fair housing commission shall have the power and duty:
(1) To receive and investigate complaints filed with the fair housing officer,
regarding:
a. The denial of equal access to, and discrimination in housing (regardless
of the public or private source of such denial and discrimination),
where such denial or discrimination against either an individual or a
group is based on race, color, religious creed, marital status, handicap,
familial status, children, national origin, sex, age, or ancestry; and
b. The presence in the city of prejudice, intolerance, bigotry, or
discrimination in the area of housing;
(2) To attempt by mediation to resolve any housing discrimination complaint over
which it has jurisdiction and to recommend to all appropriate local, state or
federal governmental agencies such action as it determines will resolve any
such complaint;
(3) To hold hearings, summon witnesses, compel their attendance, administer
oaths, take the testimony of any person under oath, and require the production
of any evidence related to any matter in connection with the complaint;
(4) To ensure that both parties and all witnesses have the right to be advised and
represented by counsel present during any hearings;
(5) To make a written report of its findings and recommendations to the city
council and to any court or other governmental agency, including the federal
department of housing and urban development, having jurisdiction over the
matter in question;
(6) To maintain records that shall be available to the public except those that are
necessary to ensure privacy rights under local, state or federal laws, those
records that must be kept confidential in compliance with laws and rules of
0)
evidence, and those records containing unsubstantiated allegations reflecting
on the character of any person or business;
(7) To cooperate with local, state or federal agencies in developing informational
and educational materials for presentation in schools, libraries, public meetings
and other suitable places devoted to eliminating prejudice, intolerance, bigotry
and discrimination in housing; and
(8) To make recommendations to the city council that, in its judgment, will
effectuate the policy and implementation of this ordinance and, when required,
make a written report to the city council of its activities.
Section 2: That Chapter 46 "Human Relations," Article II "Fair Housing" of the
Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 46. HUMAN RELATIONS
ARTICLE II. FAIR HOUSING
Sec. 46-26. Defmitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Administrator means the individual designated as the fair housing officer by the city
manager.
Answer means a written response addressing the allegations made in the complaint.
Commission means the fair housing commission created pursuant to section 2 -561 to
exercise the powers and duties set forth in section 2 -563.
Complaint means a written grievance, problem, difficulty, or concern submitted to the
fair housing office or the commission.
Complainant means a person, including the administrator or the commission, who files a
complaint under section 46 -34.
Compliance means the act of following through with a wish or command.
Conciliation means the attempted resolution of issues raised by a complainant or by the
investigation of the complaint, through informal negotiations involving the aggrieved person, the
respondent, and the commission.
3
Conciliation agreement means a written agreement setting forth the resolution of the
issues in complaint.
Disability means a mental or physical impairment that substantially limits at least one
major life activity, a record of impairment, or being regarded as having the impairment. The term
does not include current illegal use or addiction to any drug or illegal or federally controlled
substance.
Discriminatory housing practice means an act that is unlawful under sections 46 -30, 46-
31, 46 -32 and 46 -33 or unlawful under the federal fair housing act.
person.
Dwelling means any:
(1) Building, structure or portion thereof that is occupied as or designed and intended
for occupancy as a residence by one or more families; or
(2) Any vacant land that is offered for sale or lease for the construction or location
thereon of any such building, structure or portion thereof described in subsection
(1) of this definition.
Family includes any group of persons desiring to reside together as well as a single
Familial status means the status resulting from:
(1) One or more persons who are under 18 years old being domiciled with an
individual who is either the parent of the persons under 18 years old, the legal
guardian or custodian of the persons under 18 years old, or the designee (with
written authorization) of the persons under 18 years old;
(2) Being pregnant; or
(3) Being in the process of securing legal custody of a person who is under 18 years
old.
Housing for older persons means housing:
(1) That is determined by the equal employment/fair housing officer, consistent with
the federal department of housing and urban development's guidelines, to be
specifically designed and operated to assist elderly persons under a Federal or
state program;
(2) Intended for, and solely occupied by, persons 62 years of age and older; or
(3) Intended and operated for occupancy by at least one person 55 years of age or
older per unit. In determining whether housing meets this definition, the equal
employment/fair housing officer shall consider at least the following factors:
(a) The existence of significant facilities and services specifically designed to
meet the physical or social needs of older persons, or, if such
improvements are not practicable, that such housing is necessary to
provide important housing opportunities for older persons;
(b) That at least 80 percent of the units are occupied by at least one person 55
years of age or older per unit; and
(c) The publication of and adherence to policies and procedures
demonstrating an intent by the owner or manager to provide housing for
persons 55 years of age or older.
Investigation means a formal or systematic examination or research of the complaint.
Respondent means:
(1) The person accused of a violation of this article in a complaint of discriminatory
housing practice; or
(2) Any person identified as an additional or substitute respondent or an agent of an
additional or substitute respondent.
Rent means to lease, to sublease, or to let or otherwise to grant for a consideration the
right to occupy premises not owned by the occupant.
Sec. 46 -27. Purpose and policy.
(a) It is 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 race,
color, religion, sex, 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 family a dwelling according to his
own choosing and, further, that the denial of such rights through considerations based
upon race, color, religion, sex, 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 proper
responsibility of government to prevent.
Sec. 46 -28. Exemptions and exclusions.
(a) The following shall be exempted from the application of section 46 -31:
(1) The sale or rental of any single - family house by the owner, provided that:
a. The sale or rental is made without the use in any manner of the sales or
rental facilities or the services of any real estate broker, agent or
salesperson licensed under the state real estate license act (V.T.C.A. art.
6573a) or of any employee or agent of a licensed broker, agent, or
salesperson or of the owner of a dwelling designed or intended for
occupancy for five or more families, but nothing in this subsection shall
prohibit the use of attorneys, escrow agents, abstractors, title companies or
other such professional assistance as necessary to perfect or transfer the
title;
b. The sale or rental is made without the dissemination, publication, posting
or mailing of any advertisement, statement or written notice;
C. The owner does not own more than three single - family houses, duplexes,
condominium units or townhomes at the time of the sale;
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 single - family houses, duplexes, condominium units or townhomes at
any one time; and
e. If the owner was not the most recent resident of the house prior to the sale
or rental, the exemption granted in subsections (c) and (d) of this section
shall apply only with respect to one such sale or rental within any 24-
month period.
(2) The sale or rental of rooms or units in a dwelling containing living quarters
occupied or intended to be occupied by no more than four families living
independently of each other if the owner maintains and occupies one of such
living quarters as his residence.
(b) 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:
(1) Limiting the sale, rental or occupancy of dwellings that it owns or operates for
other than a commercial purpose to persons of the same religion; or
2
(2) Giving preference to persons of the same religion, unless membership in such
religion is restricted because of race, color, or national origin.
(c) Nothing in this article shall prohibit a private club not open to the public, which as an
incident to its primary purpose provides lodgings that it owns or operates for other than a
commercial purpose, from limiting the rental or occupancy of the lodging to its members
or from giving preference to its members.
(d) The provisions of this article relating to familial status do not apply to housing:
(1) Specifically designed and operated to assist elderly persons under a Federal or
state program;
(2) Intended for and solely occupied by individuals 62 years of age or older; or
(3) Intended and operated for occupancy by at least one individual 55 years of age or
older per unit as determined by the rules of the state commission on human rights.
(e) This article does not prohibit discrimination against a person because the person has been
convicted under federal law or of the law of any state of the illegal manufacture or
distribution of a controlled substance.
Sec. 46 -29. Cooperation with Secretary of Housing and Urban Development.
The administrator is authorized and encouraged to cooperate with the Secretary of
Housing and Urban Development pursuant to Title VIII, Federal Fair Housing Act of 1968, PL
90 -284, as well as the Texas Commission on Human Rights pursuant to the Texas Fair Housing
Act, V.T.C.A., Property Code ch. 301, and may render such service to the secretary and the
commission as shall be deemed appropriate to further the policies of this article.
Sec. 46 -30. Unlawful intimidation.
It shall be unlawful for any person, whether or not acting under color of law:
(1) To intentionally intimidate or interfere with another by force or threat of force
because of such person's race, color, religion, sex, disability, familial status or
national origin while such person is or has been
(a) Selling, purchasing, renting, financing, or occupying any dwelling
(b) Contracting or negotiating for the sale, purchase, rental, financing or
occupancy of any dwelling; or
(c) Applying for or participating in a service, organization, or facility relating
to the business of selling or renting dwellings; or
(2) To intentionally interfere with or intimidate by force or threat of force another
person in order to keep such person from:
(a) Participating, without discrimination because of race, color, religion, sex,
disability, familial status or national origin, in an activity, service,
organization or facility relating to the business of selling or renting
dwellings;
(b) Affording another person the opportunity or protection to participate,
without discrimination because of race, color, religion, sex, disability,
familial status or national origin, in an activity, service, organization or
facility relating to the business of selling or renting dwellings; or
(c) Lawfully aiding or encouraging other persons to participate, without
discrimination because of race, color, religion, sex, disability, familial
status or national origin, in an activity, service, organization, or facility
relating to the business of selling or renting dwellings.
Sec. 46 -31. Discrimination in sale or rental of housing.
(a) Except as exempted by section 46 -28, it shall be unlawful for any person to:
(1) Refuse to sell or rent after the making of a bona fide offer or refuse to negotiate
for the sale or rental of or otherwise make unavailable or deny a dwelling to
another because of race, color, religion, national origin, sex, disability or familial
status.
(2) Discriminate against another 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, religion, national origin, sex, disability or familial status.
(3) 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,
religion, national origin, sex, disability or familial status or an intention to make
any such preference, limitation or discrimination.
(4) Represent to any person because of race, color, religion, national origin, sex,
disability or familial status that any dwelling is not available for inspection, sale
or rental when such dwelling is 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 of a particular race, color,
religion, national origin, sex, disability or familial status.
(6) Discriminate because of familial status if the act is committed because the person
who is the subject of discrimination is:
a. Pregnant;
b. Domiciled with an individual younger than 18 years of age in regard to
whom the person:
1. Is the parent or legal custodian; or
2. Has the written permission of the parent or legal custodian for
domicile with that person; or
C. In the process of obtaining legal custody of an individual younger than 18
years of age.
(7) Discriminate in the sale or rental of, or make unavailable or deny, a dwelling to
any buyer or renter because of a disability of:
a. The buyer or renter;
b. A person residing in or intending to reside in that dwelling after it is sold,
rented or made available; or
C. Any person associated with the buyer or renter.
(8) Discriminate against another 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-
a. The other person;
b. A person residing in or intending to reside in that dwelling after it is sold,
rented or made available;
C. Any person associated with the other person.
(9) Accept any payments under any written lease on the premises until the landlord or
agent has given a fully executed copy of the lease to all the parties to the lease.
(10) Refuse, at the request of a tenant who has provided sufficient proof that he /she is
a victim of domestic violence, sexual assault or stalking, to permit the tenant to
terminate the lease regardless of the lease term and without penalty for early
termination, provided:
a. The request is made in writing within ninety (90) days of the reporting of
an incident of domestic violence, sexual assault or stalking, the issuance of
a protection from abuse order, or the approval of a consent agreement, and
at least fifteen (15) days before the requested termination date;
b. The victim vacates the premises no later than the early termination date;
and
C. At the time the request is made for termination of the lease, the tenant
provides a court order; approved consent agreement for protection from
abuse pursuant to the domestic or family violence laws of the jurisdiction;
incident report from the police department stating that a domestic
violence, sexual assault or stalking complaint was filed by the tenant; or
written certification from a health care professional or professional
guidance counselor, licensed under the laws of the State of Texas, or a
victim's services organization stating that the tenant sought assistance as a
victim of domestic violence, sexual assault or stalking.
If the accused perpetrator of the abuse is a cotenant, the landlord or agent may,
upon the victim's request, bifurcate the lease in order to evict the alleged
perpetrator while allowing the victim to remain in the premises;
Nothing in subsection (10) shall limit the authority of the landlord or agent to
evict a tenant who is the victim of domestic violence, sexual assault or stalking
for any violation of the lease.
(b) For purposes of subsections (a)(7) and (a)(8) of this section only, discrimination includes:
(1) A refusal to permit, at the expense of the person having a disability, a reasonable
modification of existing premises occupied or to be occupied by the person if the
modification may be necessary to afford the person full enjoyment of the
premises;
(2) A refusal to make a reasonable accommodation in rules, policies, practices or
services if the accommodation may be necessary to afford the person equal
opportunity to use and enjoy a dwelling;
(3) The failure to design and construct a covered multifamily dwelling in a manner
that:
10
a. Allows the public use and common use portions of the dwellings to be
readily accessible to and usable by persons having a disability;
b. Allows all doors designed to allow passage into and within all premises
within the dwellings to be sufficiently wide to allow passage by a person
who has a disability and who is in a wheelchair; and
C. Provides all premises within the dwellings contain the following features
of adaptive design:
1. An accessible route into and through the dwelling;
2. Light switches, electrical outlets, thermostats and other
environmental controls in accessible locations;
3. Reinforcements in bathroom walls to allow later installation of
grab bars; and
4. Kitchens and bathrooms that are usable and have sufficient space
in which an individual in a wheelchair can maneuver;
(4) A refusal to permit service or assistance animals, with sufficient written proof
from a healthcare provider familiar with the tenant's disability, regardless of the
property's pet policy; or
(5) A refusal to permit a live -in care - giver, with sufficient written proof from a
healthcare provider familiar with the tenant's disability, regardless of the
property's policy regarding unrelated tenants within the same unit.
(c) Compliance with the appropriate requirements of the American National Standards
Institute standard for buildings and facilities providing accessibility and usability for
persons having physical disabilities, commonly cited as "ANSI A 117.1," satisfies the
requirements of subsection (b)(3) of this section.
(d) Subsection (b)(3) of this section does not apply to a building the first occupancy of which
occurred on or before March 13, 1991.
(e) This section does not require a dwelling to 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.
(f) In this section, the term "covered multifamily dwellings" means:
(1) Buildings consisting of four or more units if the buildings have one or more
elevators; or
11
(2) Ground floor units in other buildings consisting of four or more units.
Sec. 46 -32. Discrimination in financing of housing.
(a) It shall be unlawful for a person whose business includes engaging in residential real
estate related transactions to 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
to:
a. Purchase, construct, improve, repair or maintain a dwelling; or
b. Secure residential real estate; or
(2) The selling, brokering or appraising of residential real property.
Sec. 46 -33. Discrimination in provision of brokerage services.
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 any person in the
terms or conditions of such access, membership or participation because of race, color, religion,
national origin, sex, disability or familial status.
Sec. 46-34. Complaints.
(a) Any person who claims to have been injured by a discriminatory housing practice or who
believes that he will be irrevocably injured by a discriminatory housing practice that is
about to occur (referred to in this section as "person aggrieved ") may file a complaint
with the administrator. Such complaint shall be in writing and shall identify the person
alleged to have committed or alleged to be about to commit the discriminatory housing
practice and shall set forth the particulars thereof. The administrator is directed to
prepare and adopt from time to time standard complaint forms and to furnish them
without charge to any person aggrieved.
(b) The administrator shall receive and accept notification and referral of complaints from
the Secretary of Housing and Urban Development pursuant to Title VIII, Fair Housing
Act of 1968, PL 90 -284, as well as from the Texas Commission on Human Rights
12
pursuant to V.T.C.A., Property Code § 301.068, and shall treat such complaints in the
same manner as complaints filed directly by the person aggrieved.
(c) The administrator shall notify the commission of all complaints received and the
commission will review and convene a time for discussion of the allegations.
(d) If at any time the administrator or the commission shall receive or discover credible
evidence and shall have probable cause to believe that any person has committed a
discriminatory housing practice as to which no complaint has been filed or is about to be
filed, the administrator may prepare and file a complaint upon his own motion and in his
own name or in the name of the commission , and such complaint shall thereafter be
treated in the same manner as a complaint filed by a person aggrieved.
(e) Upon the filing or referral of any complaint, the administrator, on behalf of the
commission, shall furnish a copy of the complaint to the person named in the complaint.
(f) A complaint under subsections (a) and (d) of this section shall be filed within 180 days
after the alleged discriminatory housing practice occurred. Complaints shall be in writing
and state the facts upon which the allegations of a discriminatory housing practice are
based. Complaints may be reasonably and fairly amended at any time. A respondent may
file a written answer to the complaint against him/her. Both complaints and answers shall
be signed under oath.
Sec. 46 -35. Investigation.
(a) Upon the filing or referral of a complaint as provided in section 46 -34, the administrator
shall cause to be made a prompt investigation of the matter stated in the complaint.
(b) In connection with such investigation, the administrator and the commission may
question and take and record testimonies and statements of such persons who appear and
may examine, record and copy documents that are produced.
(c) During or after the investigation, the administrator, on behalf of the commission, shall, if
it appears that a discriminatory housing practice has occurred or is about to occur,
attempt by informal endeavors to effect conciliation, including voluntary compliance, and
adequate assurance of future voluntary compliance with this article.
(d) If conciliation is effected, the administrator and commission members shall disclose
nothing said or done in the course of such conciliation in such a way as to make public
identification of the person named in the complaint without the written consent of the
persons concerned.
13
Sec. 46 -36. Certification to city attorney.
If the administrator shall determine after the completion of the investigation that a
discriminatory housing practice has occurred and the efforts of the administrator to secure
voluntary compliance have been unsuccessful, the administrator shall certify in writing to the
city attorney that such discriminatory housing practice has occurred and request the city attorney
to prosecute such violation in the municipal court of the city.
Sec. 46 -37. Penalty for violation.
Any person who shall violate this article shall, upon conviction be punished as provided in
section 1 -14.
Sec. 46 -38. Legal proceedings.
(a) Based upon certification by the administrator, the city attorney may institute a charge in
municipal court and prosecute the charge. In addition, the city may forward the
complaint to the federal department of housing and urban development for further
investigation. The complainant may also file suit against the respondent to recover
appropriate damages.
(d) The certification to the city attorney and the actions to be taken by the city attorney shall
be cumulative of all other remedies and procedures for the effectuation and enforcement
of this article and the prosecution of alleged violators.
Section 3: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
FIVE HUNDRED AND NO /100 DOLLARS ($500.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
penalty prescribed above, the city may pursue other remedies such as abatement of nuisances,
injunctive relief, administrative adjudication and revocation of licenses or permits.
Section 4: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 5: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
14
Section 6: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmati7fo te of the City Council of the
City of Baytown, this the 14th day of July, 2016.
AT T ST:
L TI .IA 6BRYSC-H, City erk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., City rney
. DONCARLOS, Mayor
P54�o;os'ryyF
RnKaren.Files.City Council•Ordinances\2016Vuly 14 FairHousingOrdinance.docx
15
RnKaren.Files.City Council•Ordinances\2016Vuly 14 FairHousingOrdinance.docx
15