HomeMy WebLinkAboutORD 89-86 ORDINANCE NO.
ORDINANCE AMENDING CHAPTER 14, ART. II OF THE
CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO
PROHIBIT DISCRIMINATION ON THE BASIS OF
HANDICAP OR FAMILIAL STATUS.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
Chapter 14, Art. II, of the code of ordinances of the
City of Beaumont be and the same is hereby amended to read as
follows:
Sec. 14-30. Declaration of Policy.
(a) It is hereby declared to be the policy of the City
of Beaumont to bring about, through fair, orderly and lawful
procedures, the opportunity for each person to obtain housing
without regard to race, color, religion, national origin, sex,
handicap or familial status.
(b) It is further declared that this policy is based
upon a recognition of the right of every person to have access to
adequate housing of a person's own choice without regard to race,
color, religion, national origin, handicap or familial status; and
further, that the denial of such right through consideration based
upon race, color, religion, national origin, sex, handicap or
familial status is detrimental to the health, safety and welfare
of the inhabitants of the city and constitutes an unjust denial or
deprivation of such rights which are within the power and proper
responsibility of government to prevent.
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Sec. 14-31. Definition.
As used in this article, the following terms shall have
the respective meanings ascribed to them:
Administrator: The fair housing administrator as
designated in this article, and any authorized representatives.
Discriminatory housing practice: An act that is unlawful
under sections 14-33 , 14-35 or 14-36.
Dwelling: Any building, structure or portion thereof
which is occupied as, or designed and intended for occupancy as,
a residence by one or more families, and any vacant land which is
offered for sale or lease for the construction or location thereon
of any such building, structure or portion thereof.
Family: Includes a single individual.
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.
Sec. 14-32. Fair Housing Administrator.
(a) The City Manager shall act as administrator or
appoint some other competent person as the fair housing
administrator who shall have the responsibility for implementing
this article.
(b) The Fair Housing Administrator shall be provided
with sufficient staff to perform the duties as required by this
article.
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Sec. 14. 33 Discrimination in the Sale or Rental of Housing
Prohibited.
Except as exempted by section 14-34, it shall be unlawful
for any person:
(1) To 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, religion, national origin, sex, handicap or
familial status.
(2) To 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, religion, national origin, sex, handicap or
familial status.
(3) To 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, handicap or familial
status or an intention to make any such preference,
limitation or discrimination.
(4) To represent to any person because of race, color,
religion, national origin, sex, handicap or familial
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status that any dwelling is not available for
inspection, sale or rental when such dwelling is in
fact so available.
(5) To profit, or with the hope or expectation of
profit, by inducing or attempting 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, religion, national
origin, sex, handicap or familial status.
sec. 14-34. Same - Exemptions and Exclusions.
(A) There shall be exempted from the application of
section 14-33 :
(1) Any single-family house sold or rented by an owner:
Provided, that such private individual owner does
not own more than three (3) single-family houses,
wherever located, at any one time; provided further,
that in the case of the sale of any such single-
family house by a private individual owner not
residing in such house at the time of such sale or
who was not the most recent resident of such house
prior to such sale, the exemption granted by this
subsection shall apply only with respect to one such
sale within any twenty-four (24) month period;
provided further, that such bona fide private
individual owner does not own any interest in, nor
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is there owned or reserved on such owners behalf,
under any express or voluntary agreement, title to
or any right to all or a portion of the proceeds
from the sale or rental of, more than three (3) such
single-family houses at any one time; provided
further, the sale or rental of any such single-
family house shall be excepted from the application
of section 14-33 only if such house is sold or
rented:
(a) Without the use in any manner of the sale or
rental facilities or 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 employee or agent of any such broker,
agent, salesman or person; and
(b) Without the publication, posting or mailing of
any advertisement or written notice in
violation of section 14-33 (3) ; but nothing in
this section shall prohibit the use of
attorneys, escrow agents, abstractors, title
companies and other such professional
assistance as necessary to perfect the transfer
of title.
(2) The rental of rooms or units in dwellings containing
living quarters occupied or intended to be occupied
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by no more than four (4) families living
independently of each other if the owner actually
maintains and occupies one of such living quarters
as the owners residence.
(B) Nothing in this article shall prohibit a religious
operated, supervised or controlled by or in conjunction with
a religious organization, 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
persons, unless membership in such religion is restricted on
account of race, color, national origin, sex, handicap or
familial status.
(C) Nothing in this article shall prohibit a private
club not in fact open to the public, which, as an incident to
its primary purpose or purposes, provides lodgings which 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 members.
Sec. 14-35. Discrimination in the 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 a person in the terms or conditions of
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such access, membership or participation on account of race, color,
religion, national origin, sex, handicap or familial status.
Sec. 14-36. Discrimination in Financing.
It shall be unlawful for any bank, savings and loan
association, insurance company or other corporation, association,
firm or enterprise whose business consists in whole or in part in
the making of commercial 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 person in the fixing of
the amount, interest rate, duration or other terms or conditions
of such loan or other financial assistance, because of the race,
color, religion, national origin, sex, handicap or familial status
of such person or of any person associated with such in connection
with such loan or other financial assistance, or of the present or
prospective owners, lessees, tenants or occupants of the dwelling
or a dwelling in relation to which such loan or other financial
assistance is to be made or given.
Sec. 14-37. Complaints.
(a) Any person who claims to have been injured by a
discriminatory housing practice or who believes that an irrevocable
injury resulting from a discriminatory housing practice is about
to occur (hereafter referred to as "person aggrieved") may file a
complaint with the administrator. Any complaints shall be in
writing and shall identify the person alleged to have committed or
alleged to be about to commit the discriminatory housing practice
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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 upon request, without charge, to any
person aggrieved. The administrator and employees of that office
may assist in the clerical preparation of such complaints.
(b) The administrator shall receive and accept
notification and referral of complaints from the Secretary of the
United States Department of Housing and Urban Development pursuant
to the provisions of Title VIII--Fair Housing Act of 1968, Public
Law 90-284, and shall treat such complains in the same manner as
complaints filed directly by the person aggrieved.
(c) If, in the course of any investigation of a
complaint filed with or referred to the administrator, credible
evidence is received and the administrator has probable cause to
believe that the person or persons named in such complaint have
committed a discriminatory housing practice not stated in such
complaint, the administrator may prepare and file a supplementary
complaint and such supplementary complaint shall thereafter be
treated in the same manner as an original complaint filed by a
person aggrieved.
(d) If at any time the administrator 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 nor is about to be filed, the
administrator may prepare and file a complaint, and such complaint
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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 shall furnish a copy of the same to the persons named
in the complaint.
(f) A complaint under subsections (a) , (c) , (d) , and
(e) of this section shall be filed within one hundred eighty (180)
days after the alleged discriminatory housing practice occurred.
Complaints shall state the facts upon which the allegations of a
discriminatory housing practice are based. Complaints may be
reasonably or fairly amended at any time. A respondent may file
an answer to the complaint and, with the leave of the
administrator, which shall be granted whenever it would be
reasonable and fair to do so, may amend the answer at any time.
A copy of any amendment to a complaint or an answer shall be
furnished to the opposing party. Both complaints and answer shall
be signed by the persons making them.
Sec. 14-38. Investigation.
(a) Upon the filing of a complaint valid on its face as
herein provided, 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 may question and take and record testimony and
statements of such persons who appear, and may examine, record and
copy documents which are produced.
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(c) During or after the investigation, the administrator
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 discontinuance or
rectification of the discriminatory housing practice and voluntary
compliance and adequate assurance of future voluntary compliance
with the provisions of this article.
(d) In the event conciliation is effected, the
administrator shall disclose nothing said or done in the course of
such conciliation in such a way as to make public identification
of the persons named in the complaint without the written consent
of the person concerned.
Sec. 14-39. Certificate to City Attorney.
Upon completion of the investigation and informal
endeavors at conciliation by the administrator, but within thirty
(30) days of the filing of the complaint with the administrator,
and if the administrator has concluded that a discriminatory
housing practice has occurred, and the efforts of the administrator
to secure voluntary compliance have been unsuccessful, the
administrator may certify in writing to the City Attorney that such
discriminatory housing practice has occurred and request the City
Attorney to forthwith prosecute such violation in municipal court.
Sec. 14-40. Legal Procedures.
(a) Upon certification by the administrator, the City
Attorney may institute a charge in municipal court and prosecute
the same to final conclusion as rapidly as practicable.
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(b) It is the intent of this article to increase the
available remedies which citizens may have to insure their rights
under federal, sate or local statutory or case law. Therefore
nothing in the article shall be construed as an administrative
prerequisite to a citizen pursuing rights under any other federal,
state or local statute, case decision or administrative ruling.
Sec. 14-41. Education and Public Information.
In order to further the objectives of this article, the
administrator may conduct educational and public information
programs designed to acquaint the general public with the
provisions and objectives of this article.
Sec. 14-42 . Cooperation with Secretary of Housing and Urban
Development.
The administrator is authorized and encouraged to
cooperate with the Secretary of the United States Department of
Housing and Urban Development pursuant to the provisions of Title
VIII--Fair Housing Act of 1968, Public Law 90-284, and may render
such service to the secretary as they shall deem appropriate to
further the policies of this article; the City Manager may accept
reimbursement from the Secretary for services rendered to assist
in carrying out the provisions of the above cited federal law.
Sec. 14 .43 . Unlawful Intimidation.
It shall be unlawful for any person by force or threat
of force willfully to injure, intimidate or interfere with any
person because of race, color, religion, national origin, sex,
handicap or familial status, and because the person is or has been
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selling, purchasing, renting, financing, occupying or contracting
or negotiating for the sale, purchase, rental, financing or
occupation of any dwelling, or applying for or participating in
any service, organization or facility relating to the business of
selling or renting dwellings.
Section 2 .
That if any section, subsection, sentence, clause or
phrase of this ordinance, or the application of same to a
particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the
remaining portions of this ordinance, and to such end the various
portions and provisions of this ordinance are declared to be
severable.
Section 3.
Any person who violates any provision of this ordinance
shall, upon conviction, be punished as provided in Section 1-8 of
the Code of Ordinances of Beaumont, Texas.
Section 4.
All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 19 c�>
- Mayor -
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