HomeMy WebLinkAboutORD 05.13.1974 - Fair Housing363
flood waters, and require on-site waste disposal systems to be located so as to avoid impair-
ment of them or contamination from them during flooding.
PASSED AND APPROVED this 8th day of April, 1974.
ATTEST:
Wi ecretary, oe E. 'ford"_,:�MZoifay—
ORDINANCE PROHIBITING DISCRIMINATION IN THE SALE,
RENTAL AND FINANCING OF REAL PROPERTY BECAUSE
OF RACE, COLOR, RELIGION OR NATIONALt ORIGIN
AND PROVIDING A PENALTY FOR VIOLATION BY FINE
NOT TO EXCEED $200.00.
d'+
C.�
WHEREAS, it is hereby declared to be the public policy of the City of Georgetown,
U Texas to bring about, through fair, orderly and lawful procedures the opportunity for each
natural person to enjoy a good, wholesome, and decent dwelling without ,regard to his race,
color, religion, or national origin; and
WHEREAS, it is further declared thatthis policy is grounded upon a recognition of the
inalienable right of each natural person as a human being 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, or national origin is detrimental
to the health, safety and welfare of the inhabitantvof the City of Georgetown, Texas and
constitutes and unjust denial or deprivation of such inalienable right which is properly within
the power of the government to prevent and is the proper responsibility of government to
prevent; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGEIDWN,
TEXAS, AS FOLLOWS:
SECTION 1. Definitions: As used in this ordinance, unless a different meaning clearly
appears from the context, the following terms shall be described in this section.
(a) Commission: The term "Commission" means the Citizens Advisory . Commission
established by the City Council.
(b) Dwelling: The term "dwelling" means any building, structure, or portion thereof
which is occupied 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.
(c) "Person" includes one or more individuals, corporations, partnerships, assocations, labor
organizations,t legal -,representatives., mutual companies)., joint ,,s tock companies, trusts, un-
incorporated organizations, trustees, trustees in backruptcy, receivers, and fiduciaries.
(d) "To rent" includes to lease, sublease, to let and otherwise to grant for a consideration
the right to occupy premises not owned by the occupant.
(e) "Family includes a single individual."
(f) "Discriminary housing practice" means an act that is prohibited herein.
(g) "Discriminate" and "discrimination" mean to segregate, separate, exclude or treat
any person unequally only because of race, color, religion., national origin or ancestry. It
is intended that the factors set forth herein shall be the sole basis for prohibiting discrimination.
(h) "Bona -fide offer" shall be an offer in writing, accompanied by an earnest money
deposit in such form and amount as customarily in use in that type of transaction, by an offer
or financially competent to close the transaction.
SECTION 2. Exception: Nothing in this ordinance shall apply to:
(1) Rooms or units in dwelling containing living quarters occupied or intended to be
occupied by more than four families living indipendently of each other, if the owner actually
maintains and occupies one of such living quarters as his residence.
(2) Nothing in this ordinance 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 limiting the sale,
364
rental or occupancy of dwellings which is owns or operates for other than a commercial
purpose to persons of the religion, or from giving preference to such persons unless mem-
bership in such religion is restricted on 'account of race, color, or national origin. Nor
shall any in this ordinance prohibit a private club not in fact open to the public, which
as an incident its primary purpose or purposes provides lodgings which is 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.
(3) Nothing in this ordinance shall be deemed to prohibit an owner, or his agent,
from requiring that any person who seeks to buy, rent or lease housing;supply information
concerning his family, marital, financial and business status but not concerning race,.
color or creed.
SECTION 3. Prohibited Acts:
(a) It shall be unlawful for any person to refuse to sell or rent after making a bona -
fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavail-
able or deny, a dwelling to any person because of race, color or national origin.
(b) It shall be unlawful for any person to discriminate against any person in the
terms, conditions, or priviledges of sale or rental of a dwelling, or in the provisions of
services or facilities in connection therewith because of race, religion, color, or national
origin.
(c) It shall be unlawful for any person to .make or 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 perference, limitation, or discrimination
based on race, color, religion, or national origin, or an intention to make any such
preference, limitation or discrimination: ,
(d) It shall be unlawful for any person to represent to any person because of race,
color, religion, or national origin that any dwelling is not available for inspection, sale,
or rental when such dwelling is in fact available.
(e) It shall be unlawful for any person for profit, to induce any person to sell or rent
any dwelling by representations regarding the entry or prospective entry into the neighbor-
hood of q person or persons of a particular, race, color, religion, or national origin.
(f) It shall be unlawful for any bank, building and loan association,. insurance com-
pany or other corporation, association, fin or enterprise whose business consists in whole
or 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, improv-
ing, repairing, or maintaining a dwelling, or to discriminate against him in fixing of
the amount interest rate, duration, or other terms or conditions of.such loan or other finan-
cial assistance, because of the race, color, religion, or national origin of such person or
of any person associated with him in connection with such loan or other financial assis-
tance, or of the present or prospective owners, lessees, tenants or occupants of the dwell-
ing or dwellings in relation to which such loan or other financial assistance is to be made
or given.
(g) It shall be unlawful for any person whether or not acting under color of law, by
force willfully injuries, intimidates or interferes with, or attempts injure intimidates or
interfere with:
(a) Any person because of his race, color, religion, or national origin and be-
cause he is or has been selling, purchasing, renting, financing, occupying, or contract-
ing or negotiating for the sale, purchase, rental, financing or occupation of any dwell-
ing, or applying for or participating in any service, organization, or facility relating to
the business of selling or renting dwellings; or
. (b) Any person because he is or has been, or in order to intimidate such person
or any other person or any class of person from;
(1) participating, without discrimination on account of race, color, religion
or national origin, in any of the activities, services, organizations or facilities described
herein; or
(2) affording another person or class of persons opportunity or protection so to
participate; or
(c) any citizen because he is or has been, in order to discourage such citizen or
any other citizen from lawfully aiding or encouraging other persons to participate, without
discrimination on account of race, color, religion or national origin, in any of the act-
ivities, services organizations or facilities described herein or denial of the opportunity
to so participate:
36
PASSED AND APPROVED this 8th day of April, 1974, on first reading and PASSED
AND APPROVED this 13th day of May, 1974 on second reading.
ATTEST:
City Secretary oe E. Crawford, Mayo
Leo Wood, City Manager
(d) testing prohibited: It shall be unlawful for any person not having any bond -fide
intention to avail himself of any right under this chapter to solicit offers to buy or lease from
property owners or lessees or their agents for the sole purpose of securing evidence of a dis-
criminatory practice. Any person found to have violated this section shall be subject to the
penalties prescribed under Section 5.
SECTION 4. Duties of the Commission - Enforcement.
The Commission shall upon receipt of a written complaint under oath, made by an
aggrieved individual charging a violation of any provision of the prohibitive sections herein,
make a prompt and full investigation of said complaint. If after such investigation, this Comm-
ission, by an affirmative concurrence of (3/5) three-fifths of the members thereof the Citizens
Advisory Commission determines that a violation has occurred it shall attempt to eliminate
the discriminatory housing practices by concilation and persuasion. In the event the Commission
fails in the concilation proceedings, it shall forward all papers, including the written com-
plaint. Investigation, record of conciliation proceedings, factual findings and its recommend-
ation to the City Council. The complaint, investigation and conciliation proceedings of the
Commission shall not be made public except upon the authority of the City Council. The City
Council shall review the proceeding and shall either dismissthe complaint or refer some to the
office of the City Attorney for appropriate legal action under this ordinance.
(a) In any proceeding brought pursuant to this section, the burden of proof shall be on
O
the complaint.
(b) A complaint provided for in this ordinance shall be filed within 30 days after the
V
alleged discriminatory housing practice occured. Complaints shall 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 an answer to the complaint against
hinwith the leave of the director, which shall be granted whenever it would be reasonable
and fair to do so, may amend his answer at any time. Both complaints and answers shall be
signed.
SECTION 5. Penalties: Any person who violates any provision cF this ordinance shall
be deemed guilty of a misdemeaner and shall upon conviction thereof be punished by a fine
not exceeding $200.00.
SECTION 6. SEVERABILITY: -If any section, subsection, sentence, clause, phrase
or portion of this ordinance is for any reason held invalid unconstitutional by any Court of
Competent jurisdiction such portion shall be deemed a separate distinct, and independent
provision and such holding shall not affect the validity of the remaining portions hereof.
SECTION 7. This ordinance shall take effect and be in force from and after 30 days
after its adoption.
PASSED AND APPROVED this 8th day of April, 1974, on first reading and PASSED
AND APPROVED this 13th day of May, 1974 on second reading.
ATTEST:
City Secretary oe E. Crawford, Mayo
Leo Wood, City Manager