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HomeMy WebLinkAboutORD 2019-48 - Prohibiting Housing DiscriminationORDINANCE NO. o�0A —N O AN ORDINANCE AMENDING CHAPTER 9.04 OF THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN RELATING TO THE PROHIBITION OF HOUSING DISCRIMINATION; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND SETTING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Georgetown finds it necessary to review and update certain Chapters in the Code of Ordinances; WHEREAS, the provisions subject to Chapter 9.04 are not consistent with current practices; WHEREAS, it is necessary to update Chapter 9.04 relating to the prohibition of housing discrimination; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: Section 1. The meeting at which this ordinance was approved was in all things conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 2. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. Section 3. Chapter 9.04 of the Code of Ordinances of the City of Georgetown, Texas is hereby amended and shall provide as shown in EXHIBIT A. Section 4. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 5. All ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect ten (10) days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. (00010672 / v / RSAUCIER / LEGAL / ORD / 5/29/20191 Page 1 of 2 PASSED AND APPROVED on First Reading on the day of 2019. rak PASSED AND APPROVED on Second Reading on the Z'-A�_ day of , 2019. ATTEST: Robyn De more, City Secretary APPROVED AS TO FORM: Charlie McNabb, City Attorney THE CITY OF GEORGETOWN By: Dale Ross, Mayor 100010672 / v / RSAUCIER / LEGAL / ORD / 5/29/20191 Page 2 of 2 Exhibit A Title 9 - PUBLIC PEACE, MORALS AND WELFARE CHAPTER 9.04. - HOUSING DISCRIMINATION PROHIBITED Sec. 9.04.010. - Definitions. As used in this article, unless a different meaning clearly appears from the context, the following terms shall have the respective meanings ascribed to them: "Bona fide offer" means an offer in writing, accompanied by an earnest money deposit in such form and amount as is customarily in use in that type of transaction, by an offeror financially competent to close the transaction. "Commission" means the Citizens Advisory Commission established by the City Council. "Discriminate" and "discrimination" mean to segregate, separate, exclude or treat any person unequally only because of race, color, religion, ethnic origin, color, sex, physical or mental handicap, or family status. It is intended that the factors set forth in this chapter are the sole basis for prohibiting discrimination. "Discriminatory housing practice" means an act that is prohibited in this chapter. "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 or structure, or portion thereof. "Family" includes a single individual. "To rent" means and includes to lease, sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. Sec. 9.04.020. - Duties of the Commission. The Citizens Advisory 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 of this chapter, make a prompt and full investigation of said complaint. If after such investigation the Commission, by an affirmative concurrence of three -fifths of its members, determines that a violation has occurred, it shall attempt to eliminate the discriminatory housing practices by conciliation and persuasion. In the event the Commission fails in the conciliation proceedings, it shall forward all papers, including the written complaint, investigation, record of conciliation proceedings, factual findings and its recommendation 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 dismiss the complaint or refer the complaint to the office of the City Attorney for appropriate legal action under this chapter. {00010683 / Q / RSAUCIER / LEGAL / ORD / 6/13/2019) Sec. 9.04.030. - Complaint Procedure. A complaint provided for in this chapter shall be filed within 30 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 and fairly amended at any time. A respondent may file an answer to the complaint against him, and, with the leave of the Commission, which shall be granted whenever it would be reasonable and fair to do so, may amend his answer at any time. Both complaint and answer shall be signed. Sec. 9.04.040. - Prohibited Acts. A. It is 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 unavailable or deny, a dwelling to any person because of race, religion, ethnic origin, color, sex, physical or mental handicap, or family status. B. It is unlawful for any person to discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provisions of services or facilities in connection therewith, because of race, religion, ethnic origin, color, sex, physical or mental handicap, or family status. C. It is 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 preference, limitation or discrimination based on race, religion, ethnic origin, color, sex, physical or mental handicap, or family status, or an intention to make any such preference, limitation or discrimination. D. It is unlawful for any person to represent to any person because of race, religion, ethnic origin, color, sex, physical or mental handicap, or family status that any dwelling is not available for inspection, sale or rental when such dwelling is in fact available. E. It is 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 neighborhood of a person or persons of a particular race, religion, ethnic origin, color, sex, physical or mental handicap, or family status. F. It is unlawful for any bank, building and loan association, insurance company or other corporation, association, firm 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, improving, 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 financial assistance, because of the race, religion, ethnic origin, color, sex, physical or mental handicap, or family status of such person or of any person associated with him in connection with such loan or other financial {00010683 / Q / RSAUCIER / LEGAL / ORD / 6/13/2019) 2 assistance, or of the present or prospective owners, lessees, tenants or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given. G. It is unlawful for any person, whether or not acting under color of law, by force to willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with: Any person because of race, religion, ethnic origin, color, sex, physical or mental handicap, or family status and because he is or has been 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; or Any person in order to discourage such person or any other person or any class of persons from: a. Participating, without discrimination on account of race, religion, ethnic origin, color, sex, physical or mental handicap, or family status, in any of the activities, services, organizations or facilities described herein; or b. Affording another person or class of persons opportunity or protection so to participate; or C. Lawfully aiding or encouraging other persons to participate, without discrimination on account of race, religion, ethnic origin, color, sex, physical or mental handicap, or family status, in any of the activities, services, organizations or facilities described herein or denial of the opportunity to so participate. Sec. 9.04.050. - Exceptions. A. Nothing in this chapter 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, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the religion, or from giving preference to such persons unless membership in such religion is restricted on account of race, religion, ethnic origin, color, sex, physical or mental handicap, or family status. Nor shall anything in this chapter 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. B. Nothing in this chapter 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 creed. Sec. 9.04.060. - ViolationPenalty. {000] 0683 / v2 / RSAUCIER / LEGAL / ORD / 6/13/2019) 3 Any person found to have violated this section shall be subject to the penalties prescribed under Section 1.08.010 of this Code. (00010683 / Q / RSAUCIER / LEGAL / ORD / 6/13/2019) Exhibit A Title 9 - PUBLIC PEACE, MORALS AND WELFARE CHAPTER 9.04. - HOUSING DISCRIMINATION PROHIBITED Sec. 9.04.010. - Definitions. As used in this article, unless a different meaning clearly appears from the context, the following terms shall have the respective meanings ascribed to them: "Bona fide offer" means an offer in writing, accompanied by an earnest money deposit in such form and amount as is customarily in use in that type of transaction, by an offeror financially competent to close the transaction. "Commission" means the Citizens Advisory Commission established by the City Council. "Discriminate" and "discrimination" mean to segregate, separate, exclude or treat any person unequally only because of race, color, religion, national origin := anew.-yghnjg OrIL]iL color, It is intended that the factors set forth in this chapter are the sole basis for prohibiting discrimination. "Discriminatory housing practice" means an act that is prohibited in this chapter. "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 or structure, or portion thereof. "Family" includes a single individual. "To rent" means and includes to lease, sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. Sec. 9.04.020. - Duties of the Commission. The Citizens Advisory 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 of this chapter, make a prompt and full investigation of said complaint. If after such investigation the Commission, by an affirmative concurrence of three -fifths of its members, determines that a violation has occurred, it shall attempt to eliminate the discriminatory housing practices by conciliation and persuasion. In the event the Commission fails in the conciliation proceedings, it shall forward all papers, including the written complaint, investigation, record of conciliation proceedings, factual findings and its recommendation 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 dismiss the complaint or refer the complaint to the office of the City Attorney for appropriate legal action under this chapter. Sec. 9.04.030. - Complaint Procedure. (00010683 / v1-y2-/ RSAUCIER / LEGAL / ORD / 6/13/20191 A complaint provided for in this chapter shall be filed within 30 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 and fairly amended at any time. A respondent may file an answer to the complaint against him, and, with the leave of the Commission, which shall be granted whenever it would be reasonable and fair to do so, may amend his answer at any time. Both complaint and answer shall be signed. Sec. 9.04.040. - Prohibited Acts. A. It is 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 unavailable or deny, a dwelling to any person because of race, religion, ethnic origin, color, sex, physical or mental handicap, or family status. B. It is unlawful for any person to discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provisions of services or facilities in connection therewith, because of race, religion, ethnic origin, color, sex, physical or mental handicap, or family status. C. It is 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 preference, limitation or discrimination based on race, religion, ethnic origin, color, sex, physical or mental handicap, or family status, or an intention to make any such preference, limitation or discrimination. D. It is unlawful for any person to represent to any person because of race, religion, ethnic origin, color, sex, physical or mental handicap, or family status that any dwelling is not available for inspection, sale or rental when such dwelling is in fact available. E. It is 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 neighborhood of a person or persons of a particular race, religion, ethnic origin, color, sex, physical or mental handicap, or family status. F. It is unlawful for any bank, building and loan association, insurance company or other corporation, association, firm 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, improving, 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 financial assistance, because of the race, religion, ethnic origin, color, sex, physical or mental handicap, or family status of such person or of any person associated with him in connection with such loan or other financial assistance, or of the present or prospective owners, lessees, tenants or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given. G. It is unlawful for any person, whether or not acting under color of law, by force to willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with: (00010683 / v4--Y2J RSAUCIER / LEGAL / ORD / 6/13/2019) 2 1. Any person because of race, religion, ethnic origin, color, sex, physical or mental handicap, or family status and because he is or has been 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; or 2. Any person in order to discourage such person or any other person or any class of persons from: a. Participating, without discrimination on account of race, religion, ethnic origin, color, sex, physical or mental handicap, or family status, in any of the activities, services, organizations or facilities described herein; or b. Affording another person or class of persons opportunity or protection so to participate; or Lawfully aiding or encouraging other persons to participate, without discrimination on account of race, religion, ethnic origin, color, sex, physical or mental handicap, or family status, in any of the activities, services, organizations or facilities described herein or denial of the opportunity to so participate. Sec. 9.04.050. - Exceptions. A. Nothing in this chapter 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, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the religion, or from giving preference to such persons unless membership in such religion is restricted on account of race, religion, ethnic origin, color, sex, physical or mental handicap, or family status. Nor shall anything in this chapter 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. B. Nothing in this chapter 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 creed. Sec. 9.04.060. - Violation —Penalty. Any person found to have violated this section shall be subject to the penalties prescribed under Section 1.08.010 of this Code. {00010683 / v-]-Y2J RSAUCIER / LEGAL / ORD / 6/13/2019) 3 Comparison Details_ 'title pdfDocs compareDocs Comparison Results Date & Time 7/12/2019 10:45:40 AM Comparison Time 2.29 seconds compareDocs version v4.2.400.34 Sources lriginal Document [#00010683.DOC] [v1] Exhibit A_Ch. 9.DOC Aodified Document [#00010683.DOC] [v2] Exhibit A_Ch. 9.DOC Comparison Statistics �In,.sertions 0 letions 110 Changes 2 Moves 0 iTOTAL CHANGES .2 compareDocs Settings Used Dpen Comparison Report after Saving Report Type Character Level nclude Headers / Footers Include Footnotes / Endnotes Include List Numbers Include Tables Include Field Codes Include Moves Show Track Changes Toolbar Show Reviewing Pane Update Automatic Links at Open Summary Report Include Change Detail Report Document View Remove Personal Information Flatten Field Codes t Word Rendering Set Markup Options Name Moves / Moves Inserted cells Deleted cells Merged cells Formatting Color only. Changed lines Mark left border. Comments color By Author. (Balloons False Category General Word \A/nrrl vvuiu Word Word �~ Word Option Selected Always Formatting False True True True True True T False True True False End Separate Print' False True