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Home My WebLink About80-2429 ordORDINANCE NO. 80-2429 CITY OF PLAINVIEW HOUSING ORDINANCE] AN ORDINANCE AMENDING ORDINANCE 78-2199 DECLARING THE POLICY OF THE CITY OF PLAINVIEW DEFINING TERMS: PROHIBITING DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING; PROHIBITING DISCRIMINATION IN THE FINANCING OF HOUSING; PROHIBITING DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICES; PROVIDING FOR CERTAIN EXEMPTIONS AND EXCLUSIONTS; PROVIDING FOR THE POSITION OF FAIR HOUSING ADMINISTRATOR; PROVIDING FOR THE RECEIPT, INVESTIGATION AND CONCILIATION OF COMPLAINTS ALLEGING DISCRIMINATION IN HOUSING, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE LEGAL PROCEEDINGS; FORBIDDING INTIMIDATION; PROVIDING FOR COOPERATION WITH THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT; 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 Plainview to bring about, through fair, orderly and lawful proc ~dures, the opportunity for each person to obtain housing without regard to hi race, color, sex, religion or national origin; and WHEREAS,i% is furthe~ declared that this poli~y is based upon a recognition of the right of every person to have access to adecuate housing of his own choice without regard to race, co]or, sex, religion or na'ional origin is detrimental to the health, safety and welfare of the inhabitants of the City of Plainview and constitutes an unjust denial or deprivation of suc~ rights which is within the power and proper responsibility of government to prevent NOW, THEREFORE BE IT ORDAINED BY THE CITY COl NCIL OF THE CITY OF PLAINVIEW: SECTION 1. DEFINITIONS. For the purpose of this section the following ~erms, phrases, words and their derivations shall have the meanings given herein. ~i~et} 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 hous~no practice" means an act that. is unlawful under sections 2, 3, or 4 of this ordinance. ~,~ng means any building, str~cture-or portion thereof which is occupied, as or designed and ~intended .for occupancy as residence by one or more families or any vacant, land' w~i~h is offered for sale or lease for the construction or location t~reon 'of any such building, structure or portion thereof. C. "Family" includes a single individual. D. '!Person" includes one or more individuals. ~orporations~ partr~ers~p~ associations, labor organizations. · legal represen- tatives, mutual companies, joint stock companies, tr~mts, unincor- porated organizanions, trustees, fiduciaries, and any other organi-. zation 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 o~ccupy premises not o~ed by the occupant. SECTION 2. DISCRIMINATION IN THE SALE OR RENTAL OF Except as exemp,ted by Section 5, it shall be umlawfut 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 smle or r.e ta~ Of..~ or other~ise make unavail'able or deny,~ a dwelling to any p~son because of race, color, sex, religion, or national o~igin; B. Discriminate against any person in the te~. conditions, or privile&'es of sale .o= rental of a dwelling, or im th~ provision of' services or facilities in connection therewith, be,c~nse of race, color, sex, reli~ion,~ or national origin; . . C.~ t,~ke, print, publish, or cause t° be made. printed or pub-- lished any notice, statement or advertisement regarding ,the sale or - 2 - rental of a d~'~elling that indicates anyp~ezerence-- = , limitation or discriminatio~ based on race, color, sex, religion, or national origin, or any intention to make any such preference, limitation or discrimination; D. Represent to any person because of race, color,, sex, reli- gion or national origin that any dwelling is not avgila?~!e for in- spection, sale or rental when such dwelling is in fact so available; E. For profit or with the hope. or expectation of profit, in- duce or attempt to induce any person to sell or rent any dv~elling by representations regarding the entry or prospective entry into the neighborhood of person or persons of a particular race, color, sex, religion or national origin. F. For profit or with the hope or expectation of profit to in- fluence or attempt to influence, by any words, acts, or failure to act%~ any seller, purchaser, landlord or tenant of a dwelling so as to promote the maintenance of racially segregated housing or so as to retard, obstruct, or discourage racially integrated housing. SECTION 3 DISCRIMINATION IN THE FINANCING OF HOUSIi~=. It shall be unlawful for any bank, building and toa~ associa- tion, insurance company or other corporation, association, firm' or enterprise %~hose business consists in whole or in part of the makin~ of commercial or residential real estate loans, to deny a loan or other financial assistance to a person applying therefore for nhe purpose of purchasing, constructing, improving, repairing or main- taining a dw~elling: or. to discriminate '.against -any such person in the fixing of the amount, interest rate, brokerage pOi~t~, -d~ration, or other tenns or conditions of such loan or their financial assistance, because of: A. The race, color, sex, religion, or national origir~ of person or of ~,ny person associated' wi~'~h him in connec-tion with s~ch loan or othe~ financial assistance; or~ B. The race, color, sex, religion, ~ or national origin of the ~present or prospective owner, lessees, tenants, or occupants of the - 3 - d~etling or dwellings for which such a loan or other financial as'sis- tance is to be made or olVC_~ SECTION 4. DISCRIMINATION .IN THE PROVISION 0~? BROKE~.~.~ SERVICES. It shall be unlawful for any person to deny access to or member- ship or participation in any multiple Ii. sting service, real estate brokers' organization or other service, organization or facility re- latin~ to the business of selling or renting dwellings, or to discri- minate in the ter~s or cOnditions of such access, membership or 'par- ticipation, on account of race, color, sex, religion or national ori- gin. SECTION 5. EXEMPTIONS AND EXCLUSIONS. A. There shall be exempted from the application of Section' 2 hereof all 'transactions involving: 1, The rental of units in dwellings contain%ns living quarters occupied or intended to be occupied by no more -than four families living independently of .each other if the. o~er 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 f6r tents! 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 individualwho owns such house, provided tha't- .(a) The sale or rental is made without the use in any manner of the sales or rental facilities or the sales or rental servic'es 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 - 4 - (b) The sale is made-without the publication, posting or mailing of any advertisement or written notice in vio- lation of Section 2. C. of this ordinance (this shall not prohibit the use of attorneys, escrow agents, ab- stractors, title companies, and other such profes- sional 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; a~d (d) The owner does not o~m 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 or 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 this subsection shall apply only with respect to one such sale within any twenty-four month period. B. Not.hing in this ordinance shall prohibit a religious or- ganization, association, or society or any non-profit institution or- ori~anization 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 person, 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 pri- vate club, not in fact open. to the public, which as an incident to its primary purpose, provides lodging ~fnich 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 men- D. Nothing in this ordinance 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 al~ persons occupying such housing accommodation. SECTION 6. FAIR HOUSING ADMINISTRATOR. The Mayo.r shall appoint and Council shall confirm a Fair Housing Administrator (hereinafter referred to as "Administrator"), who shall have the responsibility for implementing this ordinance. The Administrator may delegate his authority to investigate and conciliate complaints to other city employees under his director. SECTION 7. COMPLAINTS. A. Only the person who claims to have been injured by a discriminatory housing practice 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 Administrator. 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. B. A copy of all complaints filed with the City shall also be forwarded to the Fair Housing and Equal Opportuinty Division of the Region VI Office of the Department of Housing and Urban Development. C. The Administrator shall provide for free administrative counseling to those complainants who wish to file a private suit for relief in the local, state, or federal court. (This is not free legal aid, but counceling intended only to provide a complaintant with information as t~ the legal remedies available). D. If at any time the Adminstrator 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 -6- housing practice as to which no complaint has been filed, the Administrator may prepare and file a complaint upon his own motion and in his own name and such complaint s]hall ,thereafter be treated in the same ~manner as a complaint filed by a person ag[irieve~i. E. The Administrator shall receive and accept notification and · r.~eferrat complaints from the U.S. Attorney General and thee Secretary of Housing and Urban Development pursuant to the. provisions of Title VIII, Fair Housing Act of 1968, Public La~ 90-284, and shall treat such co~piaints hereunder in the same manner as complaints filed pur- suant to paragraph A of this Section. F. All complaints shall be filed within sixty (66) days fol- lowing the occurrence of an alleged discriminatory housi~ practice, Upon the. filing or referral of any complaint, the ~dministrator shall provia~e notice of the complaint by furnishing a copy of such com- plaint'to the persons named therein ~ho allegedly co?mitred, or were threate~na 'to commit an alleged discriminatory housingL practice. The accused may file an answer to the complaint ~it~in 'fifteen (15) days of receipt of the written complaint. G, Ail complaints and ans~ers shall be subscribed ~nd sworn to or before an officer authorized to administer oaths. SECTION 8. INVESTIGATION. A. Upon the filing or referral of a complaint,as herein pro- vided, the Administrator shall cause to be made a prormpt mud full in- vestigation of the matter stated in the cgmplaint. B. During or after the investigation, but s~bseq~en~ to the 'mailing of the notice of complaints, the Administrator shall, if it appears that a discriminatory housin~ practice has, occu~rred or is threatening to occur, attempt by informal endeavo=$ t~ effect conciI- iation, including voluntary discontinuance_ of' the discriminatory housing practice and adequate assurance- of future vol~ntary com- ~,~,}pliance with the provisions of this ordinance, Nothing said or done 'i~in the course of such informal endeavors may be ma~e public by the - 7 - D~j'n~in£s tra tot, by the complaint or by a~iy ot~r party to the Proceedings ~[thout the ~ritten consent of all pqrsons concerned, C. Upon completion of the investigation and informal endeavors at conciliation by the Administrator, but within thirty (30) days of tl~e filing of the complaint with the Administrator, if the efforts of the Administrator to secure voluntary compliance have been u~success- ful, and if the Administrator has made a determination that m discri- minatory housing practice, has in fact occurred, the ~dministrator shall recommend to the City Attorney that such violations .l~e prose- cuted ~in the Municipal Court. With such recommendations, tb_e Administrator shall refer his entire fi].e to the City Attorm,ey. City Attorney shall, within thirty (30) days. after such referral make a deter~nination as to whether to proceed ~ith prosecutior~ of ~such complaint in [,.~unicipal Court. If nhe City Attorney de'te~ines 'to prosecute, he shall institute a complaint and prosecute,same to con- clusi0n within thirty (30)-days after such determination o~ as soon thereafter as practicable. SECTION 9. CUt~JLATIVE LEGAL EFFECT. This ordin.ance is cumulative in its legal effect and is not in lieu of any and all other legal remedies which the person agg=ieved may pursue. SECTION 10. UNLAWFUL INTIMIDATION.. It shall be unlawful for any person to harrass, threaten, harry, damage or otherwise penalize any individual, group or business be- cause he or 'they have complied with the provisions of thi-s ordinance, ~because he or t~ey have exercised his or their rights under thi~ or- dinance, or enjoyed the benefits of this ordinance, or b.eea.use he or they have made-a charge, testified or asSisted in any investigatior~, 'or in any proceeding 'hereunder or haw~ r~ade any report to the Ad- mini s trator. - 8 - S.zCllO~-~ i1 ~OOPnR~TtON WITH THE S~_.~TA:IY OE HOUS!N-G A~ND URBAN DEVELOPMENT. The Administrator and the City Attorney. are authorized to co- operate with the Secretary of Housing and Urban Development and the U.S. Attorney General pursuant to the provisions of Title VII, Fair Housing Act of 1968, Public Law 90-25~ and may render' such service to the Secretary as they shall deem appropriJte 'to further the poli- cies of this ordinance. SECTION 12. _EDUCATION AND PUBLIC INFOP~TION. In order to further the objectives of this ordinance, the Ad- ministrator may conduct educational and public information programs. ~ECTtgN 13. PENALTY. Any person~ firm, or corporation violating any provision of this ordinance shall ~e guilty of a misdemeanor, and upon conviction, shall be fined a sum 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 Administrator shall constitute a separate and distinct offense. Any person, firm, or corporation vio!a[in~ any provision of this ordinence may be e~joined by a suit ~iled by the City in a court of competent jurisdiction, and this remedy is in addition to any other penalty provision.- SECTION 14. If any provision, section, subsection, 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 remainin~ portions of this ordinance or their application to other persons or sets of circumstances shall not be affecte~ thereby, it bein~ the intent Of the City Coun~it of the City Of plainvi, e~ in - 9 - s. do:~Eins and of the Mayor in approving this ordinance, that no portion hereof or provision or regulation contained herein shat]. be'come inoperative or fail by reason of any unconstitutionality or invalid'icy of any other portion, provision or :£egulation, and to this end all provisions-of this ordinance are declared to be severable. PASSED AND APPROVED on First Reading this the 9th day of December, 1980. PASSED AND-APPROVED on Second ~Reading t~is the 18th day of ~December., 1980. APPROVED: / -- Tom Hamilton ~ Attorney for the City of Plainview ~Y,~ rEST: Walter S. Dodson Secretary for the City of Plainview