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2490 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY ADDING ADDITIONAL CHAPTER OR SECTIONS THERETO ORDINANCE N0. 2490 AN ORDIPdANCE OF THE CITY OF PARIS, PARIS, TEXAS, PRO' VIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS, BE AMENDED BY ADDING AN ADDITIONAL CHAPTER OR SECTIONS THERETO: PROHIBITING DTSCRIMINATION IN THE SALE OR RENTAL OF HOUSPRO- PROHIBITING DISCRIMINATION IN THE FINANCING OF HOUSING; HIBITING DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICES; PROVIDING FOR CERTAIN EXEMPTIONS AND EXCLUSIONS; PROVIDING FOR THE POSITION OF FAIR HOUSING ADMINIST?ZATOR; PROVIDING FOR THE RECEIPT, INVESTIGATION AND CONCILIATION OF COMPLAINTS ALLEG- ING DISCRIPZINATION IN HOUSING; AUTHORIZING THE CITY ATTORNEY TO INSTITUTE LEGAL PROCEEDINGS; FORBIDDING INTIMIDATION; PRO- VIDING FOR COOPERATION WITH THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT; PROVIDING FOR EDUCATION AND PUBLIC INFORMATION; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES ARSEVERABILITYDCLAUSE~ CONFLICT IVE DATE OF APRIL l, 1980. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARI S : Section 1. Definitions. For the purpose of this section the following terms, phrases, words and their derivations shall have the mean- ings given herein. When not inconsistent with the context, words so used in the present tense include the future; words in the masculine gender include the feminine; words in the plural number include the singular, and words in the singular number include the plural. A. "Discriminatory housing practice" means an act that is unlawful under Sections 2, 3, or 4 of this ordi- nance. B. "Dwelling" means any building, structure or port- ion thereof which is occupied as, or designed and intended for occupancy as a residence by one or more families or 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. "Family" includes a single individual. D. "Person" includes one or more individuals, cor- porations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock com- panies, trusts, unincorporated organizations, trustees, fiduciaries, and any other organization or entity of what- ever character. E. "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. Section 2. Discrimination in the Sale or Rental of Hausing. Except as exempted by Section 5, it shall be unlawful for any person to: A. 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, sex, religion, or national origin; B. 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 connect- ion therewith, because of race, color, sex, religion, or national origin; C. Make, print, publish, or cause to be made, printed or published any notice, statement or advertisement regard- ing the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, sex, religion, or national origin, or any intention to make any such preference, limitation or discrimination; D. Represent to any person because of race, color, sex, religion or national origin that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available; E. For profit or with the hope or expectation of pro- fit, induce or attempt to induce any person to sell or rent any dwelling by rePresentations regarding the entry or pro- spective entry into the neighborhood of a person or persons of a particular race, color, sex, religion or national ori- gin. F. For profit or with the hope or expectation of profit to influence or attempt to influence, by any words, acts, or failure to act, any seller, purchaser, landlord or tenant of a dwelling so as to promote the maintenance of racially segregated housing or so as to retard, obstruct, or discourage racially integrated housing. Section 3. Discrimination in the Financing of Housing. It shall be unlawful for any bank, building and loan association, insurance company or other corporation, associ- ation, firm, or enterprise whose business consists in whole or in part of the making of commercial or residential 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 such person in the fixing of the amount, interest rate, brokerage points, duration, or other terms or conditions of such loan or their financial assistance, because of: A. The race, color, sex, religion, or national origin of such person or of any person associated with him in connection with such loan or other financial assistance; or B. The race, color, sex, religion, or national origin of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings for which such loan or other financial assistance is to be made or given. Section 4. Discrimination in the Provision of Brokerage Services. It shall be unlawful for any person to deny access to or membership or participation in any multiple listing service, real estate brokers' organization or other service, organization or facility relating to the busi- ness of selling or renting dwellings, or to discriminate in the terms or conditions of such access, membership or participation, on account of race, color, sex, religion, o:r nationdl origin. Section 5. Exemptions and Exclusions. A. There shall be exempted from the application of Section 2 hereof all transactions involving: l. The rental of units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other if the owner act- ually maintains and occupies one of such units as his residence; 2. The rental of a single room in a dwelling contain- ing living quarters occupied or intended to be occupied by no more than one family if the person offering such room for rental actually maintains and occupies the remainder of such dwelling as his residence and not more than four such rooms are offered. 3. The sale or rental of any single house by a private individual who owns such house, provided that: (a) The sale or rental is made without the use in any manner of the sales or rental facil- ities or the sales or rental 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) The sale is made without the publication, posting or mailing of any advertisement or written notice in violation of Section 2. C. of this ordiizance (this shall not prohibit the use of attorneys, escrow agents, abstract- ors, title companies, and other such pro- fessional assistance as necessary to perfect or transfer the title); and (c) The owner does not own more than three single family houses at the time of the sale; and (d) The owner 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 any portion of the proceeds from the sale or rental of more than three such single family houses at any one time. (e) If the owner does not reside in the house at the time of sale or was not the most re' cent resident of such lzouse prior to the sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period. B. Nothing in this ordinance shall prohibit a religious organization, association, or society or any non-profit in- stitution or organization operated, supervised, or controlled by or in conjunction with a religious 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 person, unless membership in such religion is restricted on account of race, color, sex, or national origin. C. Nothing in this ordinance shall prohibit a bona fide private club, not in fact open to the public, which as an incident to its primary purpose, provides lodging which it owns or operates for other than a commercial purpose from limiting the rental or occupancy of such lodgings to its mem- bers or from giving preference to its members. D. Nothing in this ordinance shall bar any person from owning and onerating a housing accommodation in which a room or rooms are leased, subleased or rented only to persons of the same sex, when such housing accommodation contains common lavatory, kitchen or similar facilities available for the use of all persons occupying such housing accommodation. Section 6. Fair Housing Administrator. The Director of Community Development shall serve as Fair Housing Administrator unless and until the City Council appoints, by resolution, a person to act as Fair Housing Ad- ministrator. The Fair Housing Administrator shall be respon- sible for administering fair housing within the City of Paris. Section 7. Complaints. A. Only the person who claims to have been injured by a discriminatory housing practice who believes he will be irrevocably injured by a discriminatory housing practice that has occurred or is occurring (hereafter referred to as "person agrieved") 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 committing a discriminatory housing practice and shall state the facts upon which the allegations of a discriminatory housing prac- tice are based. The Administrator shall prepare complaint forms and furnish them without charge to any person, upon request. B. 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 or are committing a discriminatory housing practice as to which no complaint has been 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 aggrieved. C. The Administrator slzall receive and accept noti- fication and referral complaints from the U. S. Attorney General and the Secretary of Housing and Urban Development pursuant to the provisions of Title VIII, Fair Housing Act of 1965, Public Law 90-284, and shall treat such complaints hereunder in the same manner as complaints filed pursuant to paragraph A of this Section. D. All complaints shall be filed within sixty (60) days following the occurrence of an alleged discriminatory housing practive. Upon the filing or referral of any com- plaint, the Administrator shall provide notice of the com- plaint by furnishing a copy of such complaint to the persons named therein who allegedly committed or were threatening to cotnmit an alleged discriminatory housing practice. The accused may file an answer to the complaint within fifteen (15) days of receipt of the written complaint. E. All complaints and answers shall be subscribed and sworn to before an officer authorized to administer oaths. Section 8. Investigation. A. Upon the f iling or referral of a complaint as herein provided, the Administrator shall cause to be made a prompt and full investigation of the matter stated in the complaint. B. During or after the investigation, but subsequent to the mailing of the notice of complaint, the Administrator shall, if it appears that a discriminatory housing practice has occurred or is threatening to occur attempt by informal endeavors to effect conciliation, including voluntary dis- continuance of the discriminatory housing practice and adequate assurance of future voluntary compliance with the provisions of this ordinance. Nothing said or done in the course of such informal endeavors may be made public by the Administrator, by the complaint or by any other party to the proceedings without the written consent of all persons con- cerned. C. 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, if the efforts of the Administrator to secure voluntary compliance have been unsuccessful, and if the Administrator has made a determination that a discriminatory housing practice has in fact occurred, the Administrator shall recommend to the City Attorney that such violations be prosecuted in the Municipal Court. With such recommend- ations, the Administrator shall refer his entire file to the City Attorney. The City Attorney shall, within thirty (30) days after such referral make a determination as to whether to proceed with prosectuion of such complaint in Municipal Court. If the City Attorney determines to prose- cute, he shall institute a complaint and prosecute same to conclusion within thirty (30) days after such determination or as soon thereafter as practicable. Section 9. Cumulative Legal Effect. This ordinance is cumulative in its legal effect and is not in lieu of any and all other legal remedies which the person aggrieved may pursue. Section 10. Unlawful Intimidation. It shall be unlawful for any person to harrass, threaten, harm, damage or otherwise penalize any individ- ual, group or business because he or they have complied with the provisions of this ordinance, because he or they have exercised his or their rights under this ordinance, or enjoyed the benefits of this ordinance, or because he or they have made a charge, testified or assisted in any manner in any investigation, or in any proceeding here- under or have made any report to the Administrator. Section 11. Cooperation with Secretary of Housing and Urban Development. The Administrator and the City Attorney are authorized to cooperate with the Secretary of Housing and Urban Develop- ment and the U. S, Attorney General pursuant to the provisions of Title VII, 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 ordinance. Section 12. Education and Public Information. In order to further the objectives of this ordinance, the Administrator may conduct educational and public infor- Mation programs. Section 13. Penalty. Any person violating any of the nrovisions of this ordinance shall be guilty of a Class "C" Misdemeanor, and upon conviction shall be fined in any sum not to exceed $200.00. Each day a violation continues after passage of seventy-five (75) days from date of the filing of the init- ial complaint with the Administrator shall constitute a separate and distinct offense. Section 14. Severability Clause. It is hereby declared to be the intention of the City Council of the City of Paris that the sections, paragraphs, sentences, clauses and phrases of this ordinance are sever- able, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalid- ity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional or invalid Ahrases, clauses, sentences, paragraphs or sections. Section 15. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the City of Paris, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code, in the event that a separate chapter is not established. Section 16. This ordinance shall become effective on April l, 1980. Passed and adopted this llth day of February, 1980. Mic ae . 27YG18ne', Mayor ATTEST: . . re ne, ity Clerk APPROVED A FORM: ~ ~ ~ _ - T. K. Haynes, City Attorney