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74-M-4 ORDINANCE NO. 74-M-4 AN ORDINANCE DECLARING THE POLICY OF THE CITY TO BE IN FURTHERANCE OF THE RIGHT OF EACH INDIVIDUAL TO PROVIDE HIMSELF AND HIS FAMILY A DWELLING, INCLUDING THE FINANCING THEREOF, WITHOUT REGARD TO RACE, COLOR RELIGION, OR NATIONAL ORIGIN; DEFINING TERMS; ADOPTING REGULATIONS CONCERNING FINANCING OF DWELLING; PROVIDING REGULATIONS CONCERNING BROKERAGE SERVICES; PROVIDING CERTAIN EXEMPTIONS AND EXCLUSIONS; SETTING UP A PROCEDURE FOR THE HANDLING OF COMPLAINTS; OUTLINING THE DUTIES OF THE CITY ATTORNEY AND THE AUTHORITY OF THE ADMINISTRATOR; FORBIDDING INTIMIDATION CONTAINING A SEVERANCE CLAUSE; PROVIDING A PENALTY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1: Declaration of Policy (A) It is hereby declared to be the policy of the City of Schertz, Texas to bring about, through fair orderly and lawful procedures, the opportunity for each person to obtain housing without regard to his race, color, religion, or national origin. (B) It is further declared that this policy is grounded upon a recognition of the inalienable right of each individual to pro- vide for himself and his family a dwelling according to his own choosing and economic capability and further, that the denial of such rights through considerations based upon race, color, reli- gion or national origin is detrimental to the health, safety and welfare of the inhabitants of the City of Schertz and constitutes an unjust denial or deprivation of such inalienable right which is within the power and the proper responsibility of government to prevent. SECTION 2: Definition of Terms. As used in this ordinance. r (A) "Committee" means the Citizens 'Advisory Committee un- til such time as a committee on Human Relations is deemed neces- sary by the City.~_ (B) "Administrator" (Re~s Administrator -- --"-. means the individual designated Human by the City Manager. .- . (C) "Dwelling" means any building, structure, or portion thereof which is occupied as, or designed and intended for oc- cupancy 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 there- of. (D) "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal represen- tatives, mutual companies, joint stock companies, trusts, unicor- porated organizations, trustees, trustees in bankruptcy, receivers, ~. 70. '700 ~c)( 2.) fiduciaries, and any other organization or entity of whatever similar character. (E) "To Rent" includes to lease, to sublease, to let and otherwise grant for a consideration the right to occupy pre- mises not owned by the occupant. (F) "Discriminatory Housing Practice" means an act that is unlawful under Sections 3,4, and 5. ~SECTION 3: Discrimination in The Sale Or Rental Of Housing. Except as exempted by Section 6, it shall be unlawful, (A) 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 or national origin. (B) To discriminate against any person in the terms, con- ditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection there- with because of race, color, religion or national origin. (c) To make, print or publish, or cause to be made, printed or published any notice, statement or advertisement, with re- spect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion or national origin, or any intention to make any such preference, limitation or discrimination. (D) To represent to any person because of race, color, re- ligion or national origin that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so avail- able. (E) For profit, or with the hope or expectation of profit, to include or attempt to induce any person to sell or rent any dwelling or representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particu- lar race, color, religion or national origin. SECTION 4: Discrimination in The Financing of Housing. It shall be unlawful for any bank, building and loan asso- ciation, 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 therefore for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against him in the fix- ing of the amount, interest rate, duration or other terms or con- ditions of such loan or other financial 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 assistance or the purposes of such loan or other finan- cial 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. SECTION 5: Discrimination in The Provision of Brokerage Services. It shall be unlawful to deny any person access to or member- ship or participation in any multiple listing service, real estate brokers organization or other service, organization or facility J relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion or national origin. ~ SECTION 6: Exemption and Exclusions. (A) There shall be exempted from the application of Section 3: (1) Any single-family house sold or rented by an owner: Provided, that such private individual owner does not own more than three such 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 ow~er not residing in such house at the time 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 month peri- od: Provided Further, that such bona fide private individual ow- ner does not own 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 a portion of the proceeds from the sale or rental of, more than three such single-family houses at anyone time: Provided Further, the sale or rental of any such single-family house shall be excepted from the applica- tion of this title only if such house is sold or rented (a) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or slaesman or person and (b) without the publication, posting or mailing of any advertisment or written notice in violation of Section 3 (c) of this ordinance; but nothing in this provi- sion shall prohibit the use of attorneys, escrow agents, ab- stractors, title companies, and other such professional assis- tance as necessary to perfect or transfer the title: ., . F' (2) The rental of rooms or units in dwellings containing living_i nilPIH:'u.d.e.ut..of each .othecr-... if the owner,-actually' maintains aRd-Q.ecUcpies. .0ne"'erf"'-mH,h'''livj:ng quarters as his residence. C,O <)' \i. (B) Nothing in this ordinance shall prohibit a religious organ- ization, association or society or any non-profit 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 op- erates 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, or national origin. (c) Nothing in this ordinance shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides ledgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodging to its members. ~SECTION 7: Complaints (A) Any person who claims to have been injured by a dis- criminatory housing practice that is about to occur (hereafter) 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 about to commit the discriminatory housing practice and shall set forth the particulars thereof. The Administrator is direc- ted to prepare and adopt from time to time standard complaint forms and to furnish them without charge to any person aggrieved. The Administrator and employees of his office may assist in the clerical preparation of such complaintso_ (B) The Administrator shall receive and accept notification and referral of complaints from the Secretary 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 F""7-rJ... 4~3 _//':7',,<:,.;'<; 'bl;C'~""a2:~ <!' ,....,,"y~~ v complaints in the same manner as complaints filed directly by the person aggrieved. (C) If, in the course of any investigation as provided in Section 8 hereof on a complaint filed with or referred to the Administrator, he shall receive credible evidence and shall have probable cause to believe that the person or persons named in such complaint has committed a discriminatory housing practice on grounds not stated in such complaint, the Administrator may prepare and file a supplementary complaint upon his own motion and in his own name and such supplementary complaint shall there- after be treated in the same manner as an original complaint fil- ed 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 or persons have committed a discriminatory housing practice as to which no complaint has been filed or is about to be filed, the Administrator may prepare and file a complaint upon his own motion and in his own name and such complaint shall thereafter be treated in the same manner as a complaint filed by a person ag- grieved. (E) Upon the filing or referral of any complaint, the Admin- istrator shall furnish a copy of the same to the person or persons named in the complaint. (F) A complaint under subsections (A), (C), (D), and (E) shall be filed within 180 days after the alleged discriminatory housing practice occured. Complaints shall state the facts upon which the allegations of a discriminatory housing practice are based. Com- plaints may be reasonably and fairly amended at any time. A res- pondent may file an answer to the complaint against him, and with the leave of the Administrator, 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 8: Investigation (A) Upon the filing of a complaint 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. (C) During or after the investigation, the Administrator shall if it appears that a discriminatory housing practice act has oc- cured, or is about to occur, attempt by informal endeavors to ef- fect conciliation, including voluntary compliance and adequate as- surance of future voluntary compliance with the provisions of this ordinance. (D) In the event conciliation is effected, the Administrator shall disclose nothing said or done in the course of such concil- iation in such a way as to make public identification of the per- son or persons named in the complaint without the written consent of the persons concerned. SECTION 9: Committee Hearing (A) Upon the completion of the investigation and informal en- deavors at conciliation by the Administrator but within 30 days of the filing of the complaint with the Administrator, and if concili- ation has not been effected, the Administrator shall refer the com- plaint to the Committee, together with the answer of the respondent, if any, and a full report of his investigation and activities in the matter. (B) The Committee shall promptly set a date for the hear- ing. This date shall be within 30 days of the date on which the Administrator referred the complaint. At least five days prior written notice of the hearing shall be given to the person or persons alleged to have committed or to be about to commit the discriminatory housing practice. The hearing shall be conducted in a fair and impartial manner and shall be public. Proof of the matters alleged within the complaint may be presented by the Ad- ministrator. The complainant and the person or persons alleged to have committed or to be about to commit the discriminatory housing practice may appear personally or by representative and with or without legal counsel and shall have the right of present proof and cross-examine witnesses in all matters relating to the complaint and subsequent related matters. In the event that a person or persons alleged to have committed or to be about to co- mmit a discriminatory housing practice shall fail to appear at the committee hearing either personally or by representative, after notice as provided above, then such hearing shall be deemed waived by such person or persons. (c) If, after such hearing, a majority of the Committee shall determine on the basis of the evidence at the hearing that the com- plaint is well founded, the Committee shall forthwith by persuasion, education and entreary diligently attempt to secure within a reason- able time, not to exceed 30 days, voluntary discontinuance of any discriminatory housing practice. SECTION 10. Certification to City Attorney. If the committee shall determine that a discriminatory practice has occurred and if a hearing before the Committee on the complaint alleging such violation has been waived or if the Committee has held a hearing and the efforts of the Committee to secure voluntary com- pliance have been unsuccessful, the Committee shall cause the Ad- ministrator to certify in writing to the City Attorney that such discriminatory housing practice has occured and request the City Attorney to forthwith prosecute such violation in the Municipal Court of the City of Schertz. SECTION 11: Legal Proceedings. (A) direction charge in clusion. Upon Certification by the Administrator pursuant to of the Committee, the City Attorney shall institute the Municipal Court and prosecute the same to final the a con- (B) The certification of the City Attorney and the actions to be taken by the City Attorney shall be cumulative of all other remedies and procedures for the effectuation and enforcement of this ordinance and the prosecution of alleged violators of this ordinance. SECTION 12: Cooperation with Secretary of Housing and Urban Developmeni The Committee and the Administrator are authorized and encour- aged to cooperate with the Secretary of Housing and Urban Develop- ment pursuant to the provisions of TITLE VIII - Fair Housing Act of 1968, Public Law 90-284, and may render such service to the Sec- retary as they shall deem appropriate to further the policies of this ordinance and may accept reimbursement from the Secretary for services rendered to assist him in carrying out the provisions of the above cited federal law. SECTION 13: Unlawful Intimidation. It shall be unlawful for any person, whether or not acting un- der color of law, by force or threat of force to willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with: ... '. " (A) Any person because of his race, color, religion or natio- nal origin and because he is or has been selling, purchasing, rent- ing, 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 (B) Any person because he is or has been, or in order to in- timidate such person or any other person or class of persons from: (1) Participating, without discrimination on account of race, color, religion, or national origin, in any of the activities, services, organizations or facilities described in subsection 13(a); or (2) Affording another person or class of persons op- portunity or protection so to participate; or (C) Any person because he is or has been or in order to dis- courage such person or any other person from lawfully aiding or encouraging other persons to participate, without discrimanation on account of race, color, religion, or national origin, in any of the activities, services, organizations or facilities described in Section 13(A), or participating lawfully in speech or peaceable assembly opposing any denial of the opportunity so to participate. SECTION 14: Any person, firm or corporation, violating the terms and provi- sions of this ordinance shall be deemed quilty of a misdemeanor, and upon conviction, shall be fined in a sum not to exceed Two Hundred Dollars ($200.00) SECTION 15: If for any reason any section, pangraph, subdivision, clause, phrase or provision of this ordinance shall be held invalid, it shall not affect any valid provisions of this or any other ordi- nance of the City of Schertz to which these rules and regulations regulate. SECTION 16: This ordinance shall become effective from and after February 21, 1974. SECTION 17: Publication of this ordinance shall be made by pUblication, one time, in the official newspaper of the caption of this ordinance. PASSED AND APPROVED, this the 5th day of February, 1974. ."/ ;f;L' /J , , /IX; C, o Mayor Robert ~A -:hJ"(.f /l./~ C. Bueker ATTEST: cretary, June G. Krause