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Home My WebLink About92-2904120 Amendment - Fair Housing ORDINANCE NO. 92-2904 AN ORDINANCE OF THE CITY OF PLAINVIt~, TEXAS, AMENDING CHAPTER THIRTEEN, "HOUSING", OF THE CITY CODE RI~T.ATING TO FAIR HOUSING; CUMULATIVENESS CLAUSE; AND EFFECTIVE DATE. WHEREAS, the City Council of the City of Plainview has determined that it is in the best interest of the public that changes and/or additions to Chapter Thirteen of the Plainview City Code relating to fair housing occur as set forth herein.; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Plalnview, Texas that Chapter Thirteen of the Plainview City Code be hereby amended in the following manner: SECTION I. That the Code of the City of Plalnview, Texas is hereby amended by amending Division I, § 13-60 and Division II, § 13-61 through § 13-64, which sections shall read as follows: DIVISION I. IN GENERAL. § 13-60. Declaration of Policy. It is hereby declared to be the policy of the City to bring about through fair, orderly, and lawful procedures, the opportunity of each person to obtain housing without regard to race, color, creed, religion, sex, national origin, physical or mental impairment, marital status, parenthood, or age. It is further declared that such policy is established upon a recognition of the inalienable rights of each individual to obtain housing without regard to race, color, creed, religion, sex, national origin, Physical or mental impairment, m~ital status, parenthoOd, or age; further that the denial of such rights through considerations based on race, color, creed, religion, sex, national origin, physical or mental impairment, marital status, parenthood, or age is detrimental to the health, safety, and welfare of the inhabitants of the City and constitutes an unjust denial or deprivation of such inalienable rights which is within the power and the proper responsibility of the government to prevent. § 13-61. Definitions. Administrator: authorized assistant. DIVISION II. FAIR HOUSING. the Director of Community Services department or 1 of 4 121 Age: the calendar age of an individual eighteen (18) years of age or over. Creed: any set of principles, rules, opinions, and precepts formally expressed and seriously adhered to or maintained by a person. Discriminatory. housing practice: ordinance. an act which is unlawful under this Dwelling: any building, structure, or portion thereof which is occupied as, or designed and intended for occupancy as, a residence by one or more persons and any vacant land which is offered for sale or lease for the construction or location thereof of any such building, structure, or portion thereof. F~mily: a single individual or a group of individuals living together under one common roof. Major life activities: functions such as, but not limited to, caring for one's self, performing mauual tasks, walking, seeing, hearing, speaking, breathing, learning and working. Marital status: an individual's status as a single, married, divorced, widowed or separated person. Parenthood: a person's status as a parent or legal guardian of a child or children under the age of eighteen (18). Person: one or more individuals, corporations, partnerships, associations, labor organizations, legal representative, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receiver, and fiduciaries.- Physical or mental impairment: any physical or mental disability which substantially limits one or more major life activities, including any physiological disorder or condition; cosmetic disfigurement or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory including speech organm, cardiovascular, reproductive, digestive, genitourinary, heroic and lymphatic, skin, and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. §13-62. Discrimination in the sale or rental of housing. (a) 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 any person because of race, color, creed, religion, sex, national origin, physical or mental impairment, marital status, parenthood, or age; (b) Discriminate against any person in the terms, conditions, or privileges of same or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, creed, religion, 2 of 4 122 sex, national origin, physical or mental impairment, marital status, parenthood, or age; (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, creed, religion, sex, national origin, physical or mental impairment, marital status, parenthood, or age, or any intention to make such preference, limitation or discrimination; (d) Represent to any person because of race, color, creed, religion, sex, national origin, physical or mental impairment, raa~ital status, parenthood, or age that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so avsilable; (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 representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, creed, religion, sex, national origin, physical or mental impairment, marital status, parenthood, or age. (f) For profit or with the hope or expectation of profit, influence or attempt to influence, by any words, acts, or failure to act, any seller purchaser, landlord, or tenant of a dwelling so as to (1) promote the maintenance of housing segregated on the basis of race, color, creed, religion, sex, national origin, physical or mental impairment, marital status, parenthood, or age or (2) so as to retard, obstruct, or discourage integrated housing. § 13-63. 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 waking 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 their financial assistance, because of: (a) The race, color, creed, religion, sex, national origin, physical or mental impairment, marital status, parenthood, or age of a person or of any person associated with him in connection with such loan or other financial assistance; or (b) The race, color, creed, religion, sex, national origin, physical or mental impairment, marital status, parenthood, or age 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. § 13-64. Discrimination in the provision of brokerage services. 3 of 4 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 123 or renting dwellings, or to discriminate in the terms or conditions of such access, membership or participation, on account of race, color, creed, religion, sex, national origin, physical or mental impairment, marital status, parenthood, or age. SECTION II. Provisions of this ordinance are cumulative and nothing herein s]~a11 prevent, alter, or d~minish the applicability or enforcement of other ordinauces restricting, regulating or governing the subject matter herein. SECTION III. This Ordinance shall be effective upon its lawful passage and as allowed by law. PASSED AND APPROVED ON THIS ATTEST: ~ DAYOF ~.~ 1992. E.V. Ridlehuber, Mayor Kamen McBeth, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: Diane Groh Director of Community Services Wally Hatc~ City Attorney 4 of 4