Civil Action.

Austin City Code tit. 5, ch. 5-1, div. 4, div. 5

in effect

Austin City Code § 5-1-101 CIVIL ACTION.

§ 5-1-101 - CIVIL ACTION. (A) An aggrieved person may file a civil action in an appropriate United States district court not later than the second year after the later of the termination of an alleged discriminatory housing practice or the breach of a conciliation agreement entered into under this article to obtain appropriate relief based on the discriminatory housing practice or breach. (B) The two year period does not include any time during which an administrative hearing under this article is pending with respect to a complaint or charge under this article based on the discriminatory housing practice. This subsection does not apply to actions arising from a breach of a conciliation agreement. (C) An aggrieved person may file an action under this section whether or not a complaint has been filed under Section 5-1-71 (Complaint) and without regard to the status of any complaint filed under that section. (D) If the Equal Employment/Fair Housing Office has obtained a conciliation agreement with the consent of an aggrieved person, the aggrieved person may not file an action under this section based on the alleged housing practice except to enforce the terms of the agreement. (E) An aggrieved person may not file an action under this section based on an alleged discriminatory housing practice that forms the basis of a charge issued by the Equal Employment/Fair Housing Office if a hearings examiner has begun a hearing on the record under this article on the charge. Source: 1992 Code Section 7-1-90; Ord. 031106-12; Ord. 031211-11; Ord. 040610-7.

Austin City Code § 5-1-102 COURT APPOINTED ATTORNEY.

§ 5-1-102 - COURT APPOINTED ATTORNEY. On application by a person alleging a discriminatory housing practice or by a person against whom such a practice is alleged, the court may appoint an attorney for the person. Source: 1992 Code Section 7-1-91; Ord. 031106-12; Ord. 031211-11; Ord. 040610-7.

Austin City Code § 5-1-103 RELIEF.

§ 5-1-103 - RELIEF. In an action under this article, an appropriate court, in providing enforcement of this chapter, may: (1) award to the plaintiff compensatory and punitive damages, where the court finds that a discriminatory housing practice has occurred or is about to occur; (2) allow reasonable attorney's fees and court costs; and (3) subject to Section 5-1-104 (Effect of Relief Granted), grant any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in the practice or ordering appropriate affirmative action. Source: 1992 Code Section 7-1-92; Ord. 031106-12; Ord. 031211-11; Ord. 040610-7.

Austin City Code § 5-1-104 EFFECT OF RELIEF GRANTED.

§ 5-1-104 - EFFECT OF RELIEF GRANTED. Relief granted under this article does not affect a contract, sale, encumbrance, or lease that: (1) was consummated before the granting of the relief; and (2) involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the filing of a complaint under this article or a civil action under this article. Source: 1992 Code Section 7-1-93; Ord. 031106-12; Ord. 031211-11; Ord. 040610-7.

Austin City Code § 5-1-105 INTERVENTION BY CITY ATTORNEY.

§ 5-1-105 - INTERVENTION BY CITY ATTORNEY. (A) On request of the Equal Employment/Fair Housing Office, the city attorney may intervene in an action if the Equal Employment/Fair Housing Office certifies that the case is of general public importance. (B) The city attorney may obtain the same relief available under Section 5-1-106 (Pattern or Practice Cases). Source: 1992 Code Section 7-1-94; Ord. 031106-12; Ord. 031211-11; Ord. 040610-7.

Austin City Code § 5-1-106 PATTERN OR PRACTICE CASES.

§ 5-1-106 - PATTERN OR PRACTICE CASES. (A) On request of the Equal Employment/Fair Housing Office, the city attorney may file a civil action in district court for appropriate relief if the Equal Employment/Fair Housing Office has reasonable cause to believe that: (1) a person is engaged in a pattern or practice of resistance to the full enjoyment of any right granted by this article; or (2) a person has been denied any right granted by this article and that denial raises an issue of general public importance. (B) In an action under this section the court may: (1) award preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this article as necessary to assure the full enjoyment of the rights granted by this article; (2) award other appropriate relief, including monetary damages, reasonable attorney's fees, and court costs; and (3) to vindicate the public interest, assess a civil penalty against the respondent in an amount that does not exceed: (a) $50,000 for a first violation; and (b) $100,000 for a second or subsequent violation. (C) A person may intervene in an action under this section if the person is: (1) an aggrieved person to the discriminatory housing practice; or (2) a party to a conciliation agreement concerning the discriminatory housing practice. Source: 1992 Code Section 7-1-100; Ord. 031106-12; Ord. 031211-11; Ord. 040610-7.

Austin City Code § 5-1-107 SUBPOENA ENFORCEMENT.

§ 5-1-107 - SUBPOENA ENFORCEMENT. The city attorney, on behalf of the Equal Employment/Fair Housing Office, may enforce the subpoena in appropriate proceedings in district court. Source: 1992 Code Section 7-1-101; Ord. 031106-12; Ord. 031211-11; Ord. 040610-7.

Austin City Code § 5-1-108 PREVAILING PARTY.

§ 5-1-108 - PREVAILING PARTY. A court in a civil action brought under this article or the commission in an administrative hearing under Section 5-1-85 (Administrative Hearing) may award reasonable attorney's fees to the prevailing party and assess costs against the nonprevailing party. Source: 1992 Code Section 7-1-110; Ord. 031106-12; Ord. 031211-11; Ord. 040610-7.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT5CIRI_CH5-1HODI_DIV4COINADAC_DIV5CIACFetched: 10/27/2026