ORDINANCE NO

Transcription

1 Ordinnce ORDINANCE NO An ordinnce mending Chpter 20A, Fir Housing, of the Dlls City Code by mending Sections 20A-2, 20A-3, 20A-4, 20A-5, 20A-7, nd 20A-10; dding Section ; prohibiting discrimintion in housing prctices on the bsis of source of income; providing tht recipient of subsidy shll not discriminte ginst holders of housing vouchers; providing tht multifmily housing ccommodtion tht receives finncil wrd shll set side ten percent of the dwelling units for housing voucher holders; providing penlty not to exceed $500; providing sving cluse; providing severbility cluse; nd providing n effective dte. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. Tht Section 20A-2, Declrtion of Policy, of Chpter 20A, Fir Housing, of the Dlls City Code, s mended, is mended to red s follows: SEC. 20A-2. DECLARATION OF POLICY. It is the policy of the city of Dlls, through fir, orderly, nd lwful procedures, to promote the opportunity for ech person to obtin housing without regrd to rce, color, sex, religion, hndicp, fmilil sttus, [of] ntionl origin, or source of income. This policy is grounded upon recognition of the right of every person to hve ccess to dequte housing of the person s own choice, nd the denil of this right becuse of rce, color, sex, religion, hndicp, fmilil sttus, [of] ntionl origin, or source of income is detrimentl to the helth, sfety, nd welfre of the inhbitnts of the city nd constitutes n unjust deprivtion of rights, which is within the power nd proper responsibility of government to prevent. SECTION 2. Tht Section 20A-3, Definitions, of Chpter 20A, Fir Housing, of the Dlls City Code, s mended, is mended to red s follows: SEC. 20A-3. DEFINITIONS. In this chpter, unless the context requires different definition: (1) ACCESSIBLE mens tht n re of housing ccommodtion cn be pproched, entered, nd used by person with physicl hndicp. Amending Chpter 20A 2A - Pge 1 of 13

2 (2) ACCESSIBLE ROUTE mens continuous unobstructed pth connecting ccessible elements nd spces in housing ccommodtion tht cn be negotited by person severe disbility using other disbilities. with wheelchir nd tht is lso sfe for nd usble by person with (3) ADMINISTRATOR mens the dministrtor of the fir housing office designted by the city mnger to enforce nd dminister this chpter nd includes the dministrtor s designted representtive. (4) AGGRIEVED PERSON mens person climing to be injured by discrimintory housing prctice. ccessible entrnce to (5) BUILDING ENTRANCE ON AN ACCESSIBLE ROUTE mens n covered multi-fmily dwelling tht is connected by n ccessible route to public trnsporttion stops, to ccessible prking nd pssenger loding zones, or to the public streets or sidewlks, if vilble. (6) COMPLAINANT mens complint under Section 20A-7. person, including the dministrtor, who files (7) COVERED MULTI-FAMILY DWELLING mens: (A) hs one or more elevtors; nd building consisting of four or more dwelling units if the building or more dwelling units. (B) ground floor dwelling unit in ny other building consisting of four (8) DEFENSE mens defense to criminl prosecution in municipl court explined in the Texs Penl Code. Defense lso mens, where specificlly provided, n exemption from civil ction. s (9) DISCRIMINATORY HOUSING PRACTICE mens conduct tht offense under Section 20A-4 of this chpter. is n (10) DWELLING UNIT mens single unit of residence for fmily. (11) FAMILIAL STATUS mens the sttus of (A) pregnnt; person resulting from being: to whom the person: (B) domiciled with n individul younger thn (i) is the prent or legl custodin; or 18 yers of ge in regrd Amending Chpter 20 Ordinnce 2A - Pge 2 of 13

3 (ii) for domicile with the individul; or hs the written permission of the prent or legl custodin thn 18 yers of ge. (C) in the process of obtining legl custody of n individul younger (12) FAMILY includes single individul. FINANCIAL AWARD mens designted public subsidy mtter, s tht term is defined in Section 12A-15.2 of this code, s mended, or ny other lon, grnt, tx btement, or monies wrded by the city. (l4[]) HANDICAP: (A) or more mjor life ctivities; this prgrph; or mens: (i) (ii) physicl or mentl impirment tht substntilly limits one record of n impirment described in Subprgrph (i) of (iii) being regrded s hving n impirment described in Subprgrph (i) of this prgrph; nd (B) does not men current, illegl use of or ddiction to drug or illegl or federlly-controlled substnce. (l5[4]) HOUSING ACCOMMODATION mens: (A) ny building, structure, or prt of building or structure tht is occupied, or designed or intended for occupncy, s residence for one or more fmilies; or [-n4] (B) ny vcnt lnd tht is offered for sle or lese for the construction or loction of building, structure, or prt of building or structure described by Prgrph (A) of this subsection. (l6[]) PERSON mens n individul, corportion, prtnership, ssocition, lbor orgniztion, legl representtive, mutul compny, joint-stock compny, trust, unincorported orgniztion, trustee, receiver, or fiduciry or ny employee, representtive, or gent of the person. (l7[]) RENT mens lese, sublese, or otherwise grnt for considertion the right to occupy premises tht re not owned by the occupnt. (18[7]) RESIDENCE does not include hotel, motel, or similr public ccommodtion where occupncy is vilble exclusively on temporry, dy-to-dy bsis. Amending Chpter 20A Ordinnce 2A - Pge 3 of 13

4 (19[]) RESIDENTIAL REAL ESTATE-RELATED TRANSACTION mens: ssistnce: (A) the mking or purchsing of lons or the providing of other finncil (i) for purchsing, constructing, improving, repiring, or mintining housing ccommodtion; or (ii) secured by residentil rel estte; or (B) the selling, brokering, or pprising of residentil rel property. (20[-i4]) RESPONDENT mens person identified in complint or chrge s hving committed discrimintory housing prctice under this chpter. fl SOURCE OF income mens lwful, regulr, nd verifible income from whtever source derived (including housing vouchers nd other subsidies provided by government or non-governmentl entities, child support, or spousl mintennce), except s prohibited by Texs Locl Government Code, Section , s mended. For purposes of housing ccommodtions tht benefit from subsidy pproved by the city council on or fter the effective dte of this ordinnce, source of income includes housing choice vouchers nd other federl, stte, nd locl housing subsidies. 2Z SUBSIDY mens designted public subsidy mtter, s tht term is defined in Section 12A-15.2 of this code, s mended, or density bonus, nd tht ws pproved by the city council. SECTION 3. Tht Section 20A-4, Discrimintory Housing Prctices, of Chpter 20A, Fir Housing, of the Dlls City Code, s mended, is mended to red s follows: SEC. 20A-4. DISCRIMINATORY HOUSING PRACTICES. () A person commits n offense if he, becuse of rce, color, sex, religion, hndicp, fmilil sttus, [or] ntionl origin, or source of income: (1) refuses to negotite with person for the sle or rentl of housing ccommodtion or otherwise denies or mkes unvilble housing ccommodtion to person; (2) refuses to sell or rent, or otherwise mkes unvilble, housing ccommodtion to nother person fter the other person mkes n offer to buy or rent the ccommodtion; or (3) discrimintes ginst person in the terms, conditions, or privileges of, or in providing service or fcility in connection with, the sle or rentl of housing ccommodtion. Amending Chpter 20 Ordinnce 2A - Pge 4 of 13

5 (b) A person commits n offense if he, becuse of rce, color, sex, religion, hndicp, fmilil sttus, [of] ntionl origin, or source of income: (1) represents to person tht housing ccommodtion is not vilble for inspection, sle, or rentl if the ccommodtion is vilble; (2) discrimintes ginst prospective buyer or renter in connection with the showing of housing ccommodtion; or (3) with respect to multiple listing service, rel estte brokers! orgniztion, or other business relting to selling or renting housing ccommodtions: (A) denies person ccess to or membership in the business; or (B) discrimintes ginst person in the terms or conditions of ccess to or membership in the business. (c) A person commits n offense if he: (1) for profit, induces or ttempts to induce nother person to sell or rent housing ccommodtion by representtion tht person of prticulr rce, color, sex, religion, hndicp, fmilil sttus, [of] ntionl origin, or source of income is in proximity to, is present in, or my enter into the neighborhood in which the housing ccommodtion is locted; (2) mkes n orl or written sttement indicting policy of the respondent or person represented by the respondent to discriminte on the bsis of rce, color, sex, religion, hndicp, fmilil sttus, [of] ntionl origin, or source of income in the selling or renting of housing ccommodtion; or (3) prints or publicizes or cuses to be printed or publicized n dvertisement tht expresses preference or policy of discrimintion bsed on rce, color, sex, religion, hndicp, fmilil sttus, [of] ntionl origin, or source of income in the selling or renting of housing ccommodtion. (d) A person who engges in residentil rel estte-relted trnsction commits n offense if he, becuse of rce, color, sex, religion, hndicp, fmilil sttus, [of] ntionl origingj source of income, discrimintes ginst person: (1) in mking residentil rel estte-relted trnsction vilble; or (2) in the terms or conditions of residentil rel estte-relted trnsction. (e) A person commits n offense if he: (1) discrimintes in the sle or rentl of housing ccommodtion to ny buyer or renter becuse of hndicp of: Amending Chpter 20 Ordinnce 2A - Pge 5 of 13

6 Ordinnce (A) tht buyer or renter; (B) person residing in or intending to reside in the housing ccommodtion fter it is sold, rented, or mde vilble; or (C) ny person ssocited with tht buyer or renter; or (2) discrimintes ginst ny person in the terms, conditions, or privileges of sle or rentl of housing ccommodtion, or in the provision of services or fcilities in connection with the housing ccommodtion, becuse of hndicp of: (A) tht person; (B) person residing in or intending to reside in the housing ccommodtion fter it is sold, rented, or mde vilble; or (C) ny person ssocited with tht person. (f) A person commits n offense if he: (1) refuses to permit, t the expense of hndicpped person, resonble modifictions of existing premises occupied or to be occupied by the hndicpped person, if the modifictions my be necessry to fford the hndicpped person full use of the premises; except tht, in the cse of rentl, the lndlord my, where resonble to do so, condition permission for modifiction on the rente?s greeing to restore the interior of the premises to the condition tht existed before the modifiction, resonble wer nd ter excepted; (2) refuses to mke resonble ccommodtions in rules, policies, prctices, or services when the ccommodtions my be necessry to fford hndicpped person equl opportunity to use nd enjoy housing ccommodtion; (3) fils to design or construct covered multi-fmily dwelling, for first occupncy fter Mrch 13, 1991, to hve t lest one building entrnce on n ccessible route, unless it is imprcticl to do so becuse of the terrin or unusul chrcteristics of the site; or (4) fils to design nd construct covered multi-fmily dwelling, for first occupncy fter Mrch 13, 1991, tht hs building entrnce on n ccessible route in such mnner tht: (A) the public nd common use res of the dwelling re redily ccessible to nd usble by hndicpped person; (B) ll the doors designed to llow pssge into nd within ll premises re sufficiently wide to llow pssge by hndicpped person in wheelchir; nd Amending Chpter 20A 2A - Pge 6 of 13

7 dptive design: (C) ll premises within dwelling unit contin the following fetures of (i) n ccessible route into nd through the dwelling unit; (ii) light switches, electricl outlets, thermostts, nd other environmentl controls in ccessible loctions; instlltion of grb brs; nd (iii) reinforcements in the bthroom wlls to llow lter (iv) usble kitchens nd bthrooms tht llow person in wheelchir to mneuver bout the spce. (g) A person commits n offense if he coerces, intimidtes, thretens, or otherwise interferes with ny person in the exercise or enjoyment of, or on ccount of tht person hving exercised or enjoyed, or on ccount of tht person hving ided or encourged ny other person in the exercise or enjoyment of, ny right grnted or protected by this chpter. (h) A person commits n offense if he retlites ginst ny person for mking complint, testifying, ssisting, or prticipting in ny mnner in proceeding under this chpter. SECTION 4. Tht Chpter 20A, Fir Housing, of the Dlls City Code, s mended, is mended by dding Section 20A-4. 1, Housing Voucher Incentives, to red s follows: SEC. 20A-4.l. HOUSING VOUCHER INCENTIVES. In ccordnce with Section (c) of the Texs Locl Government Code, s mended, the city hereby cretes nd implements the following voluntry progrm to encourge cceptnce of housing vouchers, including vouchers directly or indirectly funded by the federl government. () Subsidy. All housing ccommodtions tht benefit from subsidy pproved by the city council on or fter the effective dte of this ordinnce shll not discriminte ginst holders of ny housing vouchers, including vouchers directly or indirectly funded by the federl government. (b) Finncil wrd. Multifmily housing ccommodtions tht benefit from finncil wrd pproved by the city council on or fter the effective dte of this ordinnce shll set side t lest 10 percent of the dwelling units nd solely lese those dwelling units to holders of housing vouchers, including vouchers directly or indirectly funded by the federl government, for minimum of 15 yers from the dte of the initil issunce of the housing ccommodtion s certificte of odcupncy. Multifmily hs the mening ssigned in Section 51A-4.209(b)(5) of the Dlls Development Code, s mended. Amending Chpter 20 Ordinnce 2A - Pge 7 of 13

8 SECTION 5. Tht Section 20A-5, Defenses to Criminl Prosecution nd Civil Action, of Chpter 20A, Fir Housing, of the Dlls City Code, s mended, is mended to red s follows: SEC. 20A-5. () DEFENSES TO CRIMINAL PROSECUTION AND CIVIL ACTION. It is defense to criminl prosecution or civil ction under Section 20A-4 tht: (1) the housing ccommodtion is owned, controlled, or mnged by: (A) religious orgniztion, or nonprofit orgniztion tht exists in conjunction with or is operted, supervised, or controlled by religious orgniztion, nd the orgniztion sells or rents the housing ccommodtion only to individuls of the sme religion s the orgniztion; except tht, this defense is not vilble if: of religion; (i) the offense involves discrimintion other thn on the bsis (ii) the orgniztion owns, controls, or mnges the housing ccommodtion for commercil purpose; or (iii) membership in the religion is limited to individuls on the bsis of rce, color, sex, hndicp, fmilil sttus, [of] ntionl origin, or source of income. (B) nonprofit religious, eductionl, civic, or service orgniztion or by person who rents the housing ccommodtion to individuls, predominnt number of whom re ssocited with the sme nonprofit religious, eductionl, civic, or service orgniztion, nd the orgniztion or person, for the purposes of privcy nd personl modesty, rents the housing ccommodtion only to individuls of the sme sex or provides seprte ccommodtions or fcilities on the bsis of sex; except tht, this defense is not vilble if the offense involves: (i) (ii) discrimintion other thn on the bsis of sex; or sle of the housing ccommodtion; or (C) privte orgniztion nd, incidentl to the primry purpose of the orgniztion, the orgniztion rents the housing ccommodtion only to its own members; except tht, this defense is not vilble if: (i) the orgniztion owns, controls, or mnges the housing ccommodtion for commercil purpose; or Amending Chpter 20 Ordinnce 2A - Pge 8 of 13

9 or (ii) the offense involves sle of the housing ccommodtion; (2) complince with this chpter would violte federl, stte, or locl lw restricting the mximum number of occupnts permitted to occupy dwelling unit. (b) It is defense to criminl prosecution or civil ction under ll of Section 20A-4 except Section 20A-4(c)(2) nd (3) tht the housing ccommodtion is: (1) single-fmily dwelling owned by the respondent; except tht, this defense is not vilble if the respondent: (A) owns n interest or title in more thn three single-fmily dwellings, whether or not locted inside the city, t the time the offense is committed; (B) hs not resided in the dwelling within the preceding 24 months before the offense is committed; or (C) uses the services or fcilities of rel estte gent, or ny other person in the business of selling or renting rel estte, in connection with sle or rentl involved in the offense; or (2) occupied or intended for occupncy by four or fewer fmilies living independently of ech other, nd the respondent is the owner of the ccommodtion nd occupies prt of the ccommodtion s residence; except tht, this defense is not vilble if the offense involves sle of ll or prt of the housing ccommodtion. (c) It is defense to criminl prosecution or civil ction under Section 20A-4 s it reltes to hndicp tht occupncy of housing ccommodtion by the ggrieved person would constitute direct thret to the helth or sfety of nother person or result in physicl dmge to nother person s property. (d) It is defense to criminl prosecution or civil ction under Section 20A-4 s it reltes to fmilil sttus tht the housing ccommodtion is: (1) provided under stte or federl progrm tht is specificlly designed nd operted to ssist elderly persons, s defined in the stte or federl progrm; except tht: (2) intended for, nd solely occupied by, person t lest 62 yers of ge, (A) n employee of the housing ccommodtion who performs substntil duties directly relted to the mngement or mintennce of the housing ccommodtion my occupy dwelling unit, with fmily members in the sme unit; nd Amending Chpter 20 Ordinnce 2A - Pge 9 of 13

10 Ordinnce (B) person under ge 62 yers residing in the housing ccommodtion on September 13, 1988 my occupy dwelling unit, provided tht ll new occupnts following tht dte re persons t lest 62 yers of ge; nd yers of ge; or (C) ll vcnt units re reserved for occupncy by persons t lest 62 (3) intended nd operted for occupncy by t lest one person 55 yers of ge or older per dwelling unit, provided tht: (A) the housing ccommodtion hs significnt fcilities nd services specificlly designed to meet the physicl nd socil needs of n older person or, if it is not prcticble to provide such fcilities nd services, the housing ccommodtion is necessry to provide importnt housing opportunities for n older person; (B) t lest 80 percent of the dwelling units in the housing ccommodtion re occupied by t lest one person 55 yers of ge or older per dwelling unit; except tht newly constructed housing ccommodtion for first occupncy fter Mrch 12, 1989 need not comply with this requirement until 25 percent of the dwelling units in the housing ccommodtion re occupied; nd (C) the owner or mnger of the housing ccommodtion publishes nd dheres to policies nd procedures tht demonstrte n intent by the owner or mnger to provide housing to persons t lest 55 yers of ge. (e) It is defense to criminl prosecution or civil ction under Section 20A-4(d) tht the person, in the purchsing of lons, considered fctors tht were justified by business necessity nd relted to the trnsction s finncil security or the protection ginst defult or reduction in the vlue of the security, but were unrelted to rce, color, religion, sex, hndicp, fmilil sttus, [of] ntionl origin, or source of income. (f) It is defense to criminl prosecution under Section 20A-4 tht the ggrieved person hs been convicted by court of competent jurisdiction of the illegl mnufcture or distribution of controlled substnce s defined by Section of the Texs Helth nd Sfety Code, s mended, or by Section 802, Title 21 of the United Sttes Code Annotted, s mended. (g) It is defense to criminl prosecution under Section 20A-4(d) tht the person ws engged in the business of furnishing pprisls of rel property nd considered fctors other thn rce, color, religion, sex, hndicp, fmilil sttus, [of] ntionl origin, or source of income. (h) It is defense to criminl prosecution or civil ction under Section 20A-4 regrding source of income tht t lest 10 percent of the dwelling units in multifmily use, s defined in Section 5 1A-4.209(b)(5) of the Dlls Development Code, s mended, re lesed to housing voucher holders. Nothing in this chpter prohibits: Amending Chpter 20A 2A - Pge 10 of 13

11 Ordinnce Pge (1) conduct ginst person becuse of the person s conviction by court of competent jurisdiction of the illegl mnufcture or distribution of controlled substnce s defined by Section of the Texs Helth nd Sfety Code, s mended, or by Section 802, Title 21 of the United Sttes Code Annotted, s mended; or (2) person engged in the business of furnishing pprisls of rel property from tking into considertion fctors other thn rce, color, religion, sex, hndicp, fmilil sttus, [e] ntionl origin, or source of income. SECTION 6. Tht Subsection (c) of Section 20A-7, Complint nd Answer, of Chpter 20A, Fir Housing, of the Dlls City Code, s mended, is mended to red s follows: (c) A complint must be in writing, mde under oth or ffirmtion, nd contin the following informtion: (1) Nme nd ddress of the respondent. (2) Nme, ddress, nd signture of the complinnt. complinnt. (3) Nme nd ddress of the ggrieved person, if different from the (4) Dte of the occurrence or termintion of the discrimintory housing prctice nd dte of the filing of the complint. (5) Description nd ddress of the housing ccommodtion involved in the discrimintory housing prctice, if pproprite. (6) Concise sttement of the fcts of the discrimintory housing prctice, including the bsis of the discrimintion (rce, color, sex, religion, hndicp, fmilil sttus, [ef] ntionl origin, or source of income). SECTION 7. Tht Subsection (d) of Section 20A-10, Concilition, of Chpter 20A, Fir Housing, of the Dlls City Code, s mended, is mended to red s follows: (d) A concilition greement executed under this section must contin: (1) n identifiction of the discrimintory housing prctice nd corresponding respondent tht gives rise to the concilition greement under Subsection () nd the identifiction of ny other discrimintory housing prctice nd respondent tht the prties gree to mke subject to the limittion on prosecution in Subsection (b); Amending Chpter 20A 2A - 11 of 13

12 (2) n identifiction of the housing ccommodtion subject to the concilition greement; nd (3) sttement tht ech prty entering into the concilition greement grees: (A) not to violte this chpter or the concilition greement; nd (B) tht the respondent shll file with the dministrtor periodic ctivity report, in ccordnce with the following regultions, if the discrimintory housing prctice giving rise to the concilition greement under Subsection () involves respondent who engges in business relting to selling or renting housing ccommodtions; housing ccommodtion occupied or intended for occupncy on rentl or sle bsis; or violtion of Section 20A-4(d): (i) Unless the discrimintory housing prctice involves violtion of Section 20A-4(c)(1), the ctivity report must stte, with respect to ech person of the specified clss (the rce, color, sex, religion, hndicp, fmilil sttus, [er] ntionl origin source of income lleged s the bsis of discrimintion in the complint on the discrimintory housing prctice) who in person contcts prty to the concilition greement concerning either sle, rentl, or finncing of housing ccommodtion or business relting to selling or renting housing ccommodtions, the nme nd ddress or telephone number of the person, the dte of ech contct, nd the result of ech contct. (ii) If the discrimintory housing prctice involves violtion of Section 20A-4(c)(1), the ctivity report must stte the number nd mnner of solicittions concerning housing ccommodtions mde by the prty nd the pproximte boundries of ech neighborhood in which the solicittions re mde. verifr the report. (iii) The prty who prepres the ctivity report must sign nd (iv) An ctivity report must be filed ech month on the dte specified in the concilition greement for period of not less thn three months nor more thn 36 months, s required by the concilition greement. SECTION 8. Tht person violting ny provision of this ordinnce is, upon conviction, punishble by fine not to exceed $500. SECTION 9. Tht Chpter 20A of the Dlls City Code shll remin in full force nd effect, sve nd except s mended by this ordinnce. SECTION 10. Tht ny ct done or right vested or ccrued, or ny proceeding, suit, or prosecution hd or commenced in ny ction before the mendment or repel of ny ordinnce, or prt thereof, shll not be ffected or impired by mendment or repel of ny ordinnce, or prt Amending Chpter 20 Ordinnce 2A - Pge 12 of 13

13 D thereof, nd shll be treted s still remining in full force nd effect for ll intents nd purposes s if the mended or repeled ordinnce, or prt thereof, hd remined in force. SECTION 11. Tht the terms nd provisions of this ordinnce re severble nd re governed by Section 1-4 of Chpter 1 of the Dlls City Code, s mended. SECTION 12. Tht this ordinnce shll tke effect immeditely from nd fler its pssge nd publiction in ccordnce with the provisions of the Dlls City Chrter, nd it is ccordingly so ordined. APPROVED AS TO FORM: LARRY E. CASTO, City Attorney By(QL0 Assistnt City Attorney Pssed 2 6 2W Amending Chpter 20 Ordinnce 2A - Pge 13 of 13

14 PROOF OF PUBLICATION - LEGAL ADVERTISING The legl dvertisement required for the noted ordinnce ws published in the Dlls Morning News, the officil newspper of the city, s required by lw, nd the Dlls City Chrter, Chpter XVIII, Section 7. DATE ADOPTED BY CITY COUNCIL 26 O16 ORDINANCE NUMBER DATE PUBLISHED OCT ATTESTED BY: OFFICE OF CITY SECRETARY P:\PROOF OF PTJBLICATION.doex