FAIR HOUSING

Fort Worth City Code ch. 17, art. III, div. 4

in effect

Fort Worth City Code § 17-86 DECLARATION OF POLICY.

§ 17-86 DECLARATION OF POLICY. (a) Pursuant to the authority stated in Texas Local Government Code § 214.903, these ordinances related to fair housing are hereby adopted. (b) It is hereby declared to be the policy of the city to bring about, through fair, orderly and lawful procedures, the opportunity for each person to obtain housing without regard to his or her race, color, religion, national origin, sex, disability, familial status, sexual orientation, transgender, gender identity or gender expression. (c) It is further declared that this policy is grounded upon a recognition of the right of every person to have access to adequate housing of his or her own choice without regard to race, color, religion, national origin, sex, disability, familial status, sexual orientation, transgender, gender identity or gender expression; and further, that the denial of such rights through considerations based upon race, color, religion, national origin, sex, disability, familial status, sexual orientation, transgender, gender identity or gender expression is detrimental to the health, safety and welfare of the inhabitants of the city and constitutes an unjust denial or deprivation of such inalienable right which is within the power and the proper responsibility of government to prevent. (Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 18909-11-2009, § 1, passed 11-10-2009; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)

Fort Worth City Code § 17-87 DEFINITIONS.

§ 17-87 DEFINITIONS. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. AGENCY. The diversity and inclusion department and its staff supervised by its director. AGGRIEVED PERSON. Includes any person who: (1) Claims to have been injured by a discriminatory housing practice; or (2) Believes that he or she will be injured by a discriminatory housing practice that is about to occur. COMMISSION. The Fort Worth human relations commission. COMMITTEE. The housing committee of the Fort Worth human relations commission. COMPLAINANT. A person, including the director or the commission, who files a complaint under § 17-90 of this division. CONCILIATION. The attempted resolution of issues raised by a complainant or by the investigation of the complaint, through informal negotiations involving the aggrieved person, the respondent and the director. CONCILIATION AGREEMENT. A written agreement setting forth the resolution of the issues in conciliation. DIRECTOR. The individual designated by the city manger as director of the diversity and inclusion department, or the director’s designee. DISABILITY. (1) DISABILITY means, with respect to a person: a. A physical or mental impairment which substantially limits one or more of such person’s major life activities; b. A record of having such an impairment; or c. Being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined under state or federal law. (2) DISCRIMINATION ON THE BASIS OF DISABILITY means: a. To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of: 1. That buyer or renter; 2. A person residing in or intending to reside in that dwelling after it is sold, rented or made available; or 3. Any person associated with that buyer or renter. b. For purposes of this definition, DISCRIMINATION includes: 1. A refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; 2. A refusal to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or 3. In connection with the design and construction of covered multifamily dwellings for first occupancy after March 12, 1991, a failure to design and construct those dwellings in a manner that: i. The public use and common use portions of such dwellings are readily accessible to and usable by persons with disabilities; ii. All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by persons in wheelchairs; and iii. All premises within such dwellings contain the following features of adaptive design: A. An accessible route into and through the dwelling; B. Light switches, electrical outlets, thermostats and other environmental controls in accessible locations; C. Reinforcements in bathroom walls to allow later installation of grab bars; and D. Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. c. Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for people with physical disabilities (commonly cited as “ANSI-A117.1") suffices to satisfy the requirements of subsection (2)(b)(3) above. d. COVERED MULTI-FAMILY DWELLING means: 1. Buildings consisting of four or more units if such buildings have one or more elevators; and 2. Ground floor units in other buildings consisting of four or more units. e. Nothing in this division shall be construed to invalidate or limit any law of a state or political subdivision of a state, or other jurisdiction in which this division shall be effective that requires dwellings to be designed and constructed in a manner that affords persons with disabilities greater access than is required by this division. f. Nothing in this subsection (2)f. of this definition requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. DISCRIMINATORY HOUSING PRACTICE. An act prohibited by § 17-88 of this division. DWELLING. (1) Any building, structure or part of a building or structure that is occupied as or designed or intended for occupancy as a residence by one or more families; or (2) Any vacant land that is offered for sale or lease for the construction or location of a building, structure or part of a building or structure described by subsection (1) immediately above. FAMILIAL STATUS. In this division, a discriminatory act is committed because of FAMILIAL STATUS if the act is committed because the person who is the subject of discrimination is: (1) Pregnant; (2) Domiciled with an individual younger than 18 years of age in regard to whom the person: a. Is the parent or legal custodian; b. Has the written permission of the parent or legal custodian for domicile with that person; or c. Is in the process of obtaining legal custody of an individual younger than 18 years of age. FAMILY. Includes a single individual or group of individuals living together under one common roof. GENDER EXPRESSION. A person’s external characteristics and behaviors including, but not limited to, dress, grooming, mannerisms, speech patterns and social interactions that are socially identified with a particular gender. GENDER IDENTITY. A person’s innate, deeply felt sense of gender, which may or may not correspond to the person’s body or sex listed on their original birth certificate. PERSON. Includes an individual, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity. RESPONDENT. (1) The person accused in a complaint of discriminatory housing practice; or (2) Any person identified as an addition or substitute respondent under § 17-90 of this division. TO RENT. Includes to lease, to sublease, to let or to otherwise grant for a consideration the right to occupy premises not owned by the occupant. TRANSGENDER. A person who experiences and/or expresses their gender differently from conventional or cultural expectations including, but not limited to those who express a gender that does not match the sex listed on their original birth certificate or who physically alter their sex. (Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 16032, § 1, passed 7-13-2004; Ord. 18909-11-2009, § 1, passed 11-10-2009; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)

Fort Worth City Code § 17-88 DISCRIMINATION PROHIBITED.

§ 17-88 DISCRIMINATION PROHIBITED. (a) Sale or rental. (1) A person may not refuse to sell or to rent after the making of a bona fide offer, 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, sex, disability, familial status, national origin, sexual orientation, transgender, gender identity or gender expression. (2) A person may not discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental, because of race, color, religion, sex, disability, familial status, national origin, sexual orientation, transgender, gender identity or gender expression. (b) Publication. A person may not 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, sex, disability, familial status, national origin, sexual orientation, transgender, gender identity or gender expression, or an intention to make such a preference, limitation or discrimination. (c) Inspection. A person may not represent to any person because of race, color, religion, sex, disability, familial status, national origin, sexual orientation, transgender, gender identity or gender expression that a dwelling is not available for inspection for sale or rental when the dwelling is available for inspection, sale or rental. (d) Entry into neighborhood. A person may not, for profit, induce or attempt to induce, a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular race, color, religion, sex, disability, familial status, national origin, sexual orientation, transgender, gender identity or gender expression. (e) Residential real estate related transaction. (1) A person whose business includes engaging in residential real estate related transactions may not discriminate against a person in making a real estate related transaction available or in the terms or conditions of a real estate related transaction because of race, color, religion, sex, disability, familial status, national origin, sexual orientation, transgender, gender identity or gender expression. (2) In this section, RESIDENTIAL REAL ESTATE RELATED TRANSACTION means any of the following: a. The making or purchasing of loans or providing other financial assistance: 1. For purchasing, construction, improving, repairing or maintaining a dwelling; or 2. Secured by residential real estate. b. The selling, brokering or appraising of residential real property. (f) Brokerage services. A person may not deny any person access to, or membership or participation in, a multiple-listing service, real estate brokers’ organization or other service, organization or facility relating to the business of selling or renting dwellings, or discriminate against a person in the terms or conditions of access, membership or participation in such an organization, service or facility because of race, color, religion, sex, disability, familial status, national origin, sexual orientation, transgender, gender identity or gender expression. (Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 18909-11-2009, § 1, passed 11-10-2009; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)

Fort Worth City Code § 17-89 EXEMPTIONS; EXCLUSIONS.

§ 17-89 EXEMPTIONS; EXCLUSIONS. (a) Housing for older persons exempted. (1) The provisions of this division relating to familial status do not apply to housing for older persons. (2) In this section HOUSING FOR OLDER PERSONS means housing: a. That the Secretary of the United States Department of Housing and Urban Development determines is specifically designed and operated to assist elderly persons under a federal or state program; b. Intended for, and solely occupied by, persons 62 years of age or older; or c. Intended and operated for occupancy by at least one person 55 years of age or older per unit as determined by the Secretary of the United States Department of Housing and Urban Development. To the extent that such a determination falls within the jurisdiction of the commission, the following factors at minimum must be present for the dwelling(s) to qualify for the exemption: 1. The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and 2. That at least 80% of the units are occupied by at least one person 55 years of age or older per unit; and 3. The publication of, and adherence to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. (b) Certain sales and rentals exempted. (1) Subject to subsection (b)(2) below, § 17-88 does not apply to: a. The sale or rental of a single-family house sold or rented by an owner if: 1. The owner does not: i. Own more than three single-family houses at any one time; or ii. Own any interest in, nor is there owned or reserved on his or her behalf, under any express or voluntary agreement, title to or any right to any part of the proceeds from the sale or rental of more than three single-family houses at any one time. 2. The house was sold or rented without: i. The use of the sales or rental facilities or services of a real estate broker, agent or salesman licensed under state law, or of an employee or agent of a licensed broker, agent or salesman, or the facilities or services of the owner of a dwelling designed or intended for occupancy by five or more families; or ii. The publication, posting or mailing of a notice, statement or advertisement prohibited by § 17-88. b. The sale or rental of rooms or units in a dwelling containing living quarters occupied or intended to be occupied by no more than four families living independently of each other if the owner maintains and occupies one of the living quarters as the owner’s residence. (2) The exemption of subsection (b)(1)(a)1. of this section applies to only one sale or rental in a 24-month period if the owner was not the most recent resident of the house at the time of the sale or rental. (c) Religious organization, nonprofit organization and private club exemption. (1) This division does not prohibit a religious organization, association or society, or a nonprofit institution or organization operated, supervised or controlled by or in conjunction with, a religious organization, association or society, from: a. Limiting the sale, rental or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion; or b. Giving preference to persons of the same religion, unless membership in the religion is restricted because of race, color or national origin. (2) This division does not prohibit a private club not open to the public that, as an incident to its primary purpose, provides lodging that it owns or operates for other than a commercial purpose from limiting the rental or occupancy of that lodging to its members or from giving preference to its members. (d) Appraisal exemption. This division does not prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, sex, disability, familial status, national origin, sexual orientation, transgender, gender identity or gender expression. (e) Effect on other law. (1) This division does not affect reasonable maximum safe occupancy regulations for dwellings. (2) This division does not affect any requirement of nondiscrimination in any other local, state or federal law. (Ord. 11075, § 1, passed 4-21-1992; Ord. 11384, § 1(A), passed 8-17-1993; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 18909-11-2009, § 1, passed 11-10-2009; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)

Fort Worth City Code § 17-90 ENFORCEMENT.

§ 17-90 ENFORCEMENT. (a) It is the intention of the city council that the diversity and inclusion department and its staff supervised by its director shall be the agency (the “agency”) authorized to enforce the provisions of this division under the supervision of the city manager or his or her designee as provided under § 2 of Chapter V of the Charter, as further provided hereinafter, and as further provided under state and federal law. (b) The director is encouraged to cooperate with the Secretary of Housing and Urban Development and the Attorney General of the United States in the enforcement of the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq., as amended, and may assist the secretary or attorney general in any way consistent with the policy of this division. The director is encouraged to cooperate with the Civil Rights Division of the Texas Workforce Commission in the enforcement of the Texas Fair Housing Act, and may assist the civil Rights Division of the Texas Workforce Commission in any way consistent with the policy of this division. (c) The director may order discovery in aid of investigations under this division. Such discovery may be ordered to the same extent and is subject to the same limitations as would apply if the discovery were ordered in aid of a civil action in a Texas State District Court. (Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 16032, § 1, passed 7-13-2004; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)

Fort Worth City Code § 17-91 COMPLAINT AND ANSWER.

§ 17-91 COMPLAINT AND ANSWER. (a) An aggrieved person, or any authorized representative of an aggrieved person, may file a complaint with the director not later than one year after an alleged discriminatory housing practice has occurred or terminated. A complaint may also be filed by the director, not later than one year after an alleged discriminatory housing practice has occurred or terminated, if the director has reasonable cause to believe that a person has committed a discriminatory housing practice. (b) The director shall treat a complaint referred by the Secretary of Housing and Urban Development or the Attorney General of the United States under the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq., as amended, or by the Civil Rights Division of the Texas Workforce Commission under the Texas Fair Housing Act, Texas Property Code, Chapter 301, as amended, as a complaint filed under subsection (a) above. No action will be taken under this division against a person for a discriminatory housing practice if the referred complaint was filed with the governmental entity later than one year after an alleged discriminatory housing practice occurred or terminated. (c) A complaint must be in writing, made under oath or affirmation and contain the following information: (1) Name and address of the respondent; (2) Name, address and signature of the complainant; (3) Name and address of the aggrieved person, if different from the complainant; (4) Date of the occurrence or termination of the discriminatory housing practice and date of the filing of the complaint; (5) Description and address of the housing accommodation involved in the discriminatory housing practice, if appropriate; and (6) Concise statement of the facts of the discriminatory housing practice, including the basis of the discrimination (race, color, sex, religion, disability, familial status, national origin, sexual orientation, transgender, gender identity or gender expression). (d) Upon the filing of a complaint, the director shall, in writing: (1) Notify the complainant, and the aggrieved person if different from the complainant, that a complaint has been filed; and (2) Advise the complainant, and the aggrieved person if different from the complainant, of time limits applicable to the complaint and of any rights, obligations and remedies of the aggrieved person under this division. (e) Not more than ten days after the filing of a complaint, the director shall, in writing: (1) Notify the respondent named in the complaint that a complaint alleging the commission of a discriminatory housing practice, has been filed against the respondent; (2) Furnish a copy of the complaint to the respondent; (3) Advise the respondent of the procedural rights and obligations of the respondent, including the right to file a written, signed and verified informal answer to the complaint within ten days after service of notice of the complaint; and (4) Advise the respondent of other rights and remedies available to the aggrieved person under this division. (f) Not later than the tenth day after service of the notice and copy of the complaint, unless an extension is granted by the director, respondent may file an answer to the complaint. The answer must be in writing, made under oath or affirmation, and contain the following information: (1) Name, address, telephone number and signature of the respondent or the respondent’s attorney, if any; and (2) Concise statement of facts in response to the allegations in the complaint and facts of any defense or exemption. (3) Advise that retaliation against any person who files a complaint or assists or otherwise participates in the investigation of a complaint is a discriminatory housing practice. (g) A complaint or answer may be amended at any reasonable time prior to a determination as to reasonable cause as hereinafter provided. The director shall furnish a copy of each amended complaint, to the respondent and complainant, and any aggrieved person if different from the complainant, as promptly as is practicable. (h) The director may not disclose or permit to be disclosed to the public the identity of a respondent while the complaint is in the process of being investigated and prior to completion of all negotiations relative to a conciliation agreement. (i) A complaint, except a referred complaint described in subsection (b) of this section, shall be finally disposed of either through dismissal, execution of a conciliation agreement, or issuance of a charge within one year after the date on which the complaint was filed unless it is impracticable to do so, in which case, the director shall notify the complainant, the aggrieved person if different from the complainant, and the respondent, in writing, of the reasons for the delay. (Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 18909-11-2009, § 1, passed 11-10-2009; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)

Fort Worth City Code § 17-92 INVESTIGATION.

§ 17-92 INVESTIGATION. (a) Not more than 30 days after the filing of a complaint by an aggrieved person or by the director, the director shall commence an investigation of the complaint to determine whether there is reasonable cause to believe a discriminatory housing practice was committed and the facts of the discriminatory housing practice. (b) The director shall seek the voluntary cooperation of any person to: (1) Obtain access to premises, records, documents, individuals and any other possible source of information; (2) Examine, record and copy necessary materials; and (3) Take and record testimony or statements of any person reasonably necessary for the furtherance of the investigation. (c) The director may, at the director’s discretion or at the request of the respondent, the complainant, or the aggrieved person if different from the complainant, issue a subpoena or subpoena duces tecum to compel attendance of a witness or the production of relevant materials or documents, pursuant to the authority of the city under Chapter V, § 7 of the City Charter. Failure to comply with a subpoena issued under this subsection (c) is a criminal offense and is punishable as provided by ordinance. (d) An investigation shall remain open until as provided in this division, a determination as to reasonable cause is made, a conciliation agreement is executed and approved or the complaint is dismissed. Unless impracticable to do so, the director shall complete the investigation within 100 days after the date of filing of the complaint. If the director is unable to complete the investigation within the 100-day period, the director shall notify the complainant, the aggrieved party if different from the complainant, and respondent, in writing, of the reasons for the delay. (e) This section does not limit the authority of the director to conduct such other investigations or to use such other enforcement procedures, otherwise lawful, as the director considers necessary to enforce this chapter. (f) The director shall prepare a final investigative report showing: (1) The names of and dates of contact with witnesses; (2) A summary, including dates, of correspondence and other contacts with the aggrieved person and the respondent; (3) A summary description of other pertinent records; (4) A summary of witness statements; and (5) Answers to interrogatories. (g) Prohibitions and requirements with respect to disclosure of information. (1) Nothing said or done, or documents produced, in the course of conciliation efforts under this division may be made public or used as evidence in a subsequent proceeding without the written consent of the persons involved. (2) Notwithstanding paragraph (a), the director shall make available to the aggrieved person and the respondent, at any time, upon request following the completion of the investigation, information derived from an investigation and any final investigative report relating to that investigation. (Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)

Fort Worth City Code § 17-93 TEMPORARY OR PRELIMINARY RELIEF.

§ 17-93 TEMPORARY OR PRELIMINARY RELIEF. (a) If at any time following the filing of a complaint the director concludes that prompt judicial action is necessary to carry out the purposes of this division, the director may request the city attorney to initiate a civil action in the state district court of Tarrant County, Texas for appropriate temporary or preliminary relief pending final disposition of the complaint. (b) On receipt of the director’s request, the city attorney shall promptly file the action in the state district court. Venue is in Tarrant County, Texas. (c) A temporary restraining order or other order granting preliminary or temporary relief under this section is governed by the applicable Texas Rules of Civil Procedure. (Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)

Fort Worth City Code § 17-94 CONCILIATION.

§ 17-94 CONCILIATION. (a) During the period beginning with the filing of a complaint and ending with the issuance of a charge, the dismissal of the complaint, or the dismissal of the criminal action in municipal court, the director shall try to conciliate the complaint. In conciliating a complaint, the director shall try to achieve a just resolution and obtain assurances that the respondent will satisfactorily remedy any violation of the aggrieved person’s rights and take action to assure the elimination of both present and future discriminatory housing practices. (b) If a conciliation agreement is executed under this section, a party to the agreement may not be prosecuted in municipal court, nor may the director issue a charge against a party, for the discriminatory housing practice specified in the agreement under subsection (d)(1) below unless the director determines that the agreement has been violated and notifies the city attorney in writing of the violation. (c) A conciliation agreement must be in writing and must be signed and verified by the respondent, the complainant, and the aggrieved person if different from the complainant, subject to approval of the director who shall indicate approval by signing the agreement. A conciliation agreement is executed upon its signing and verification by all parties to the agreement. (d) A conciliation agreement executed under this section must contain: (1) An identification of the discriminatory housing practice and corresponding respondent that gives rise to the conciliation agreement under subsection (a) above and the identification of any other discriminatory housing practice and the respondent that the parties agree to make subject to the limitation on prosecution of subsection (b) above; (2) An identification of the housing accommodation subject to the conciliation agreement; and (3) A statement that each party entering into conciliation agreement agrees: a. Not to violate this chapter or the conciliation agreement; and b. That the respondent shall file with the director a periodic activity report, if required by the terms of the conciliation agreement and/or any applicable state or federal laws or regulations. 1. The party who prepares the activity report must sign and verify the report. 2. An activity report must be filed each month on the date specified in the conciliation agreement for the period specified by the conciliation agreement, or by applicable law or regulations if different. (e) In addition to the requirements of subsection (d) above, a conciliation agreement may include any other term or condition agreed to by the parties, including, but not limited to: (1) Monetary relief in the form of damages, including humiliation and embarrassment and attorney fees; and (2) Equitable relief such as access to the housing accommodation at issue, or to a comparable housing accommodation, and provision of services and facilities in connection with a housing accommodation. (f) Nothing said or done, or documents produced, during the course of conciliation efforts may be made public or used as evidence in a subsequent proceeding under this chapter without the written consent of any person concerned. (g) A conciliation agreement shall be made public, unless the aggrieved person or the respondent requests nondisclosure and the director determines that disclosure is not required to further the purposes of this division. Notwithstanding a determination that disclosure of a conciliation agreement is not required, the director may publish tabulated descriptions of the results of all conciliation efforts. (h) If the aggrieved person brings a civil action under a local, state or federal law seeking relief for the alleged discriminatory housing practice and the trial in the action begins, the director shall terminate efforts to conciliate the complaint unless the court specifically requests assistance from the director. The director may also terminate efforts to conciliate the complaint if: (1) The respondent fails or refuses to confer with the director; (2) The aggrieved person or the respondent fails to make a good faith effort to resolve any dispute; or (3) The director finds, for any reason, that voluntary agreement is not likely to result. (Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)

Fort Worth City Code § 17-95 VIOLATION OF CONCILIATION AGREEMENT.

§ 17-95 VIOLATION OF CONCILIATION AGREEMENT. (a) A person commits an offense if, after the person executes a conciliation agreement under § 17-94, he or she materially violates any term or condition contained in the agreement. (b) It is no defense to criminal prosecution in municipal court or to civil action in state district court under this section that, with respect to a discriminatory housing practice that gave rise to the conciliation agreement under § 17-94: (1) The respondent did not commit the discriminatory housing practice; or (2) The director did not have probable cause to believe the discriminatory housing practice was committed. (c) If the director determines that a conciliation agreement has been materially violated, the director shall give written notice to all parties subject to the agreement. (d) When the director has reasonable cause to believe that respondent has materially breached a conciliation agreement, the director shall refer the matter to the city attorney’s office with a recommendation that a civil action be filed for the enforcement of the agreement. The director shall also file a criminal action in municipal court for a violation of the agreement. (Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)

Fort Worth City Code § 17-96 REFERRAL OF COMPLAINT TO HEARING; ELECTION OF COURT PROCEEDING; REASONABLE CAUSE DETERMINATION AND CHARGE.

§ 17-96 REFERRAL OF COMPLAINT TO HEARING; ELECTION OF COURT PROCEEDING; REASONABLE CAUSE DETERMINATION AND CHARGE. (a) Upon completion of the investigation and informal endeavors at conciliation by the director, but within 100 days of the filing of the complaint with the director and if conciliation has not been effected, the director may refer the matter complained of to the committee, together with the answer of the respondent, if any, and a full report of his or her investigation and activities in the matter. (b) In lieu of a hearing before the committee as set out in § 17-96(c) below, a complainant, respondent or an aggrieved person on whose behalf a charge is filed, may elect in writing to have the claims asserted in the complaint decided in state district court provided in § 17-98 of this code or as provided for under Article II, §§ 2.06 and 2.08 of the Texas Fair Housing Act Texas Property Code, Chapter 301, as amended or any successor statute and Chapter 819 of the Texas Workforce Commission Civil Rights Division adopted rules. This election may be made at any reasonable time under the foregoing laws but must be made not later than 20 days after the receipt by the electing person of notice that a hearing under subsection (c) has been requested. (c) The committee shall order a hearing if respondent or complainant requests same. If respondent or complainant does not request a hearing, same shall be deemed to have been waived and the committee shall direct the director to issue a determination of reasonable cause and a charge, if it finds the preponderance of the credible evidence so warrants. (d) The commission shall adopt rules and procedures for the conduct of hearings. The hearing panel shall be appointed by the commission chair and include members of the human relations commission in whole or in part. Reasonable notice and opportunity for discovery shall be given to all parties. The hearing shall be conducted in a fair and impartial manner and shall be public as required by Tex. Government Code Chapter 551. Witnesses appearing at such hearing may be required to present testimony under oath or by solemn affirmation. Evidence of the matter alleged within the complaint may be presented by the city attorney or his or her assistant. 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 counsel and shall have the right to present proof and cross-examine witnesses in all matters relating to the complaint and subsequent related matters. If a person or persons alleged to have committed or to be about to commit 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. (e) The hearing panel shall make such findings as a majority of its members deem are supported by the preponderance of the credible evidence. Such findings shall be in writing and shall be forwarded to the director together with the hearing panel’s determination that reasonable cause or no reasonable cause exists to believe that a discriminatory housing practice has been committed. (f) A charge shall be issued by the director upon a panel finding of reasonable cause and: (1) Shall consist of a short and plain written statement of the facts upon which the committee has found reasonable cause to believe that a discriminatory housing practice has occurred; (2) Shall be based on the final investigative report, the evidence adduced at the hearing, if any; and (3) Need not be limited to the facts or grounds alleged in the complaint filed with the commission under this division. (g) Any charge issued by the director will be forwarded within ten days to the city attorney for action as hereinafter provided. Copies of the charge will be served on the complainant, the aggrieved person, if different from the complainant, and any respondents. (h) The director may not issue a charge and the city attorney may not bring or maintain a civil action in state district court for an alleged discriminatory housing practice after the aggrieved person has brought a civil action under local, state or federal law seeking relief for the alleged discriminatory housing practice and the trial in the action has begun. If a charge may not be issued by the director or a civil action may not be brought or maintained by the city attorney because of the trial of a civil action brought by the aggrieved party, the director shall notify the complainant, the aggrieved person if different from the complainant, and any respondents, in writing. (i) Any final action, together with the findings or orders thereon, of the hearing panel, commission and/or the director are subject to judicial review as provided by state law. (Ord. 11075, § 1, passed 4-21-1992; Ord. 11167, § 1(A), passed 9-8-1992; Ord. 11384, § 1(B), passed 8-17-1993; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 16032, § 1, passed 7-13-2004; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)

Fort Worth City Code § 17-97 DISMISSAL AND APPEAL OF COMPLAINT.

§ 17-97 DISMISSAL AND APPEAL OF COMPLAINT. (a) A complaint may be dismissed by the director during the investigation and prior to referral to the committee when the director determines that: (1) The complaint was not filed within the required time period; (2) The location of the alleged discriminatory housing practice is not within the city’s jurisdiction; (3) The alleged discriminatory housing practice is not a violation of this division; (4) The complainant or aggrieved person refuses to cooperate with the director in the investigation of the complaint or enforcement of the executed conciliation agreement; (5) The complainant, or the aggrieved person if different from the complainant, cannot be located after the director has performed a reasonable search; or (6) A conciliation agreement has been executed by the respondent, complainant and aggrieved person if different from the complainant. (b) A criminal action may be dismissed by a municipal judge upon motion of the city attorney, if after the city attorney files the action charging a respondent with a discriminatory housing practice, a conciliation agreement is executed before the trial begins in municipal court. (c) The director shall notify the complainant, the aggrieved person if different from the complainant, and the respondent of the dismissal of the complaint, including a written statement of facts, and make public disclosure of the dismissal by issuing a press release, unless the respondent requests that no public disclosure be made. (d) The complainant may appeal a no reasonable cause determination to the commission within 20 days of the date the determination is signed by the director by filing a written statement of appeal with the director. If a complainant expresses a desire to file an appeal, the director must allow the complainant reasonable access to review, but not copy, non-confidential materials in the case file. The determination of what is considered confidential shall be made by the director or director’s designee. (1) The director must receive the written statement within 20 days of the date that the decision was issued. If the director does not receive the written appeal within 20 days the case will be dismissed and the same shall be entered on the records of the department. (2) The only grounds for appeal of a no reasonable cause decision is that the evidence in the case file does not support the no reasonable cause decision. The appeal letter must contain a written statement describing the reasons for the appeal, a description of the evidence in the case file that the complainant believes the commission should consider, and why consideration of that evidence should have resulted in a reasonable cause determination. (e) The director shall promptly notify the commission and respondent of the appeal. Within 10 days after being notified of the appeal, the respondent can file a statement of why the no reasonable cause decision should be upheld. The respondent will not be granted access to review the materials in the case file. (f) The commission can only consider whether the evidence in the case file supports the director’s finding. The commission does not re-investigate the complaint or look at new information. (g) The commission shall promptly consider and act upon such appeal by (1) affirming the director’s determination; (2) reversing the decision and directing the director to enter a cause determination; or (3) if the commission believes the director should investigate further, remand the complaint to the director with a request for specific further investigation. (h) In the event no appeal is taken, or such appeal results in affirmance or if the commission has not decided the appeal within 60 days from the date the appeal statement is filed, the determination of the director shall be final and the complaint deemed dismissed and the same shall be entered on the records of the department. Any party aggrieved by the final dismissal may appeal the order to an appropriate court. (Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)

Fort Worth City Code § 17-98 CIVIL ACTION IN STATE DISTRICT COURT IN COMPLAINTS ALLEGING DISCRIMINATION BASED ON RACE, COLOR, SEX, RELIGION, NATIONAL ORIGIN, DISABILITY OR FAMILIAL STATUS.

§ 17-98 CIVIL ACTION IN STATE DISTRICT COURT IN COMPLAINTS ALLEGING DISCRIMINATION BASED ON RACE, COLOR, SEX, RELIGION, NATIONAL ORIGIN, DISABILITY OR FAMILIAL STATUS. (a) If the director has issued a charge, or if a party has elected under § 17-96(b) to have the claims raised by the complaint resolved in court, the city attorney, upon the request of the director, after receiving from the director a copy of the charge, and after consulting with the City Manager, will initiate and maintain a civil action on behalf of the aggrieved person in the Texas State District Court seeking relief under this chapter. Venue is Tarrant County, Texas. (b) If a respondent has been found by the director and the city attorney to have materially breached an executed conciliation agreement the city attorney, upon the request of the director, after consulting with the City Manager, will initiate and maintain a civil action on behalf of the aggrieved person in the Texas State District Court seeking relief under this chapter. Venue is in Tarrant County, Texas. (c) An aggrieved person may intervene in the action. (d) If the court finds in the civil action that the conciliation agreement has been violated or a discriminatory housing practice has occurred, the court may award: (1) Actual and punitive damages to the aggrieved person; (2) Civil penalties to the city for vindication of the public interest in an amount that does not exceed: a. Nineteen thousand seven hundred eighty-seven dollars ($19,787) if the respondent has not been adjudged by a court to have committed a prior discriminatory housing practice; b. Except as provided by subsection (d)(2)d. below, $49,467 if the respondent has been adjudged by a court to have committed one other discriminatory housing practice during the five-year period ending on the date of the filing of the charge; c. Except as provided by subsection (d)(2)d. below, $98,935 if the respondent has been adjudged by a court to have committed two or more discriminatory housing practices during the seven-year period ending on the date of the filing of the charge; and d. If the acts constituting the discriminatory housing practice that is the subject of the charge are committed by the same individual who has been previously adjudged to have committed acts constituting a discriminatory housing practice, the civil penalties in subsections (b) and (c) above may be imposed without regard to the period of time within which any other discriminatory housing practice occurred. (3) Reasonable attorney’s fees to the city and the aggrieved person; (4) Costs of court, including witness and expert witness fees; and (5) Any permanent or temporary injunction, temporary restraining order or other order, including an order enjoining the defendant from engaging in the discriminatory housing practice or ordering appropriate affirmative action. (e) If actual damages are sought for the benefit of an aggrieved person who does not intervene in the civil action, the court may not award the actual damages if the aggrieved person has not complied with discovery orders entered by the court. (f) The city shall not be subject to orders for sanctions for the failure of the complainant, if other than the director, or aggrieved person to comply with discovery requests of the defendant or discovery orders of the court. (g) Any resolution of a charge before a final order is signed by the state district court under this section requires the consent of the aggrieved person on whose behalf the charge is issued. (Ord. 11075, § 1, passed 4-21-1992; Ord. 11167, § 1(B), passed 9-8-1992; Ord. 11384, § 1(C), passed 8-17-1993; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 19374-09-2010, §§ 1, 2 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, §§ 1, 2 (Exh. A), passed 2-2-2020)

Fort Worth City Code § 17-99 ENFORCEMENT BY PRIVATE PERSONS IN COMPLAINTS ALLEGING DISCRIMINATION BASED ON RACE, COLOR, SEX, RELIGION, NATIONAL ORIGIN, DISABILITY OR FAMILIAL STATUS.

§ 17-99 ENFORCEMENT BY PRIVATE PERSONS IN COMPLAINTS ALLEGING DISCRIMINATION BASED ON RACE, COLOR, SEX, RELIGION, NATIONAL ORIGIN, DISABILITY OR FAMILIAL STATUS. (a) An aggrieved person may file a civil action in state district court not later than two years after the occurrence or termination of an alleged discriminatory housing practice or after the breach of a conciliation agreement entered into under this chapter, whichever occurs last, to obtain appropriate relief with respect to the discriminatory housing practice or the material breach of the conciliation agreement. (b) An aggrieved person may file an action under this section whether or not a complaint has been filed under this division and without regard to the status of any complaint filed under this division, except as provided in subsection (c) below. (c) An aggrieved person may not file an action under this section for an alleged discriminatory housing practice that forms the basis of a charge issued by the director if: (1) The director has obtained a conciliation agreement with the consent of the aggrieved person; or (2) The city attorney has filed a civil action on the charge in state district court on behalf of the aggrieved person. (d) In an action under this section, if the court finds that a discriminatory housing practice has occurred, the court may award to the plaintiff: (1) Actual and punitive damages; (2) Reasonable attorney’s fees; (3) Court costs; and (4) Subject to § 17-100 of this division, any permanent or temporary injunction, temporary restraining order or other order, including an order enjoining the defendant from engaging in the discriminatory housing practice or ordering appropriate affirmative action. (e) A court in a civil action brought under this section may award reasonable attorney’s fees to the prevailing party and assess court costs against the non-prevailing party. (Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)

Fort Worth City Code § 17-100 EFFECT OF CIVIL ACTION ON CERTAIN CONTRACTS.

§ 17-100 EFFECT OF CIVIL ACTION ON CERTAIN CONTRACTS. Relief granted under § 17-98 or § 17-99 does not affect a contract, sale, encumbrance or lease that: (a) Was consummated before the granting of the relief; and (b) Involved a bona fide purchaser, encumbrancer or tenant who did not have actual notice of the filing of a complaint under this chapter or a civil action under § 17-101. (Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)

Fort Worth City Code § 17-101 SERVICE OF NOTICE AND COMPUTATION OF TIME.

§ 17-101 SERVICE OF NOTICE AND COMPUTATION OF TIME. (a) For purposes of this chapter, any notice, paper or document required to be served on any person under this chapter may be served in person or by United States mail to the person’s last known address. (b) When service is by mail, three days will be added to the prescribed time period allowed under this chapter for timely filing. (c) Service is complete and time periods begin to run at the time the required notice, paper or document is delivered in person or deposited in a United States postal receptacle. (Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)

Fort Worth City Code § 17-102 ADDITIONAL REMEDIES.

§ 17-102 ADDITIONAL REMEDIES. The procedures prescribed by this division do not constitute an administrative prerequisite to another action or remedy available to the city or to an aggrieved person under federal or state law. (Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)

Fort Worth City Code § 17-103 EDUCATION AND PUBLIC INFORMATION.

§ 17-103 EDUCATION AND PUBLIC INFORMATION. The director may conduct educational and public information activities that are designed to promote the policy of this division. (Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)

Fort Worth City Code § 17-104 EFFECT ON OTHER LAW.

§ 17-104 EFFECT ON OTHER LAW. This division does not affect any local, state or federal restriction: (a) On the maximum number of occupants permitted to occupy a dwelling unit; or (b) Relating to health or safety standards. (Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)

Fort Worth City Code § 17-105 INTERFERENCE WITH EXERCISE OF RIGHTS UNLAWFUL.

§ 17-105 INTERFERENCE WITH EXERCISE OF RIGHTS UNLAWFUL. It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by this division, including the giving of testimony or provision of information in aid of investigation or discovery under this division. (Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)

Fort Worth City Code § 17-106 CRIMINAL PENALTIES FOR VIOLATION.

§ 17-106 CRIMINAL PENALTIES FOR VIOLATION. (a) A person who violates a provision of § 17-88, 17-95 or 17-105 of this chapter commits a misdemeanor criminal offense. A person is guilty of a separate offense for each day or part of a day during which a violation is committed, continued or permitted. (b) A criminal offense under this division is punishable in municipal court as provided by § 1-6 of this code. (Ord. 11075, § 1, passed 4-21-1992; Ord. 13981, § 1, passed 10-26-1999; Ord. 14344, § 1, passed 9-26-2000; Ord. 19374-09-2010, § 1 (Exh. A), passed 9-28-2010, eff. 10-1-2010; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)

Source: City of Fort Worth, Code of Ordinances, City Charter and Zoning Ordinance (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-20703Fetched: 10/26/2026