§ 46-31. Discrimination in sale or rental of housing.

(a)

Except as exempted by section 46-28, it shall be unlawful for any person to:

(1)

Refuse to sell or rent after the making of a bona fide offer or refuse to negotiate for the sale or rental of or otherwise make unavailable or deny a dwelling to another because of race, color, religion, national origin, sex, disability or familial status.

(2)

Discriminate against another in the terms, conditions or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection therewith because of race, color, religion, national origin, sex, disability or familial status.

(3)

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, national origin, sex, disability or familial status or an intention to make any such preference, limitation or discrimination.

(4)

Represent to any person because of race, color, religion, national origin, sex, disability or familial status that any dwelling is not available for inspection, sale or rental when such dwelling is so available.

(5)

For profit or with the hope or expectation of profit, induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person of a particular race, color, religion, national origin, sex, disability or familial status.

(6)

Discriminate because of familial status if the act is committed because the person who is the subject of discrimination is:

a.

Pregnant;

b.

Domiciled with an individual younger than 18 years of age in regard to whom the person:

1.

Is the parent or legal custodian; or

2.

Has the written permission of the parent or legal custodian for domicile with that person; or

c.

In the process of obtaining legal custody of an individual younger than 18 years of age.

(7)

Discriminate in the sale or rental of, or make unavailable or deny, a dwelling to any buyer or renter because of a disability of:

a.

The buyer or renter;

b.

A person residing in or intending to reside in that dwelling after it is sold, rented or made available; or

c.

Any person associated with the buyer or renter.

(8)

Discriminate against another in the terms, conditions or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with the dwelling because of a disability of:

a.

The other person;

b.

A person residing in or intending to reside in that dwelling after it is sold, rented or made available;

c.

Any person associated with the other person.

(9)

Accept any payments under any written lease on the premises until the landlord or agent has given a fully executed copy of the lease to all the parties to the lease.

(10)

Refuse, at the request of a tenant who has provided sufficient proof that he/she is a victim of domestic violence, sexual assault or stalking, to permit the tenant to terminate the lease regardless of the lease term and without penalty for early termination, provided:

a.

The request is made in writing within 90 days of the reporting of an incident of domestic violence, sexual assault or stalking, the issuance of a protection from abuse order, or the approval of a consent agreement, and at least 15 days before the requested termination date;

b.

The victim vacates the premises no later than the early termination date; and

c.

At the time the request is made for termination of the lease, the tenant provides a court order; approved consent agreement for protection from abuse pursuant to the domestic or family violence laws of the jurisdiction; incident report from the police department stating that a domestic violence, sexual assault or stalking complaint was filed by the tenant; or written certification from a health care professional or professional guidance counselor, licensed under the laws of the State of Texas, or a victim's services organization stating that the tenant sought assistance as a victim of domestic violence, sexual assault or stalking.

If the accused perpetrator of the abuse is a cotenant, the landlord or agent may, upon the victim's request, bifurcate the lease in order to evict the alleged perpetrator while allowing the victim to remain in the premises;

Nothing in subsection (10) shall limit the authority of the landlord or agent to evict a tenant who is the victim of domestic violence, sexual assault or stalking for any violation of the lease.

(b)

For purposes of subsections (a)(7) and (a)(8) of this section only, discrimination includes:

(1)

A refusal to permit, at the expense of the person having a disability, a reasonable modification of existing premises occupied or to be occupied by the person if the modification may be necessary to afford the person full enjoyment of the premises;

(2)

A refusal to make a reasonable accommodation in rules, policies, practices or services if the accommodation may be necessary to afford the person equal opportunity to use and enjoy a dwelling;

(3)

The failure to design and construct a covered multifamily dwelling in a manner that:

a.

Allows the public use and common use portions of the dwellings to be readily accessible to and usable by persons having a disability;

b.

Allows all doors designed to allow passage into and within all premises within the dwellings to be sufficiently wide to allow passage by a person who has a disability and who is in a wheelchair; and

c.

Provides all premises within the dwellings contain the following features of adaptive design:

1.

An accessible route into and through the dwelling;

2.

Light switches, electrical outlets, thermostats and other environmental controls in accessible locations;

3.

Reinforcements in bathroom walls to allow later installation of grab bars; and

4.

Kitchens and bathrooms that are usable and have sufficient space in which an individual in a wheelchair can maneuver;

(4)

A refusal to permit service or assistance animals, with sufficient written proof from a healthcare provider familiar with the tenant's disability, regardless of the property's pet policy; or

(5)

A refusal to permit a live-in care-giver, with sufficient written proof from a healthcare provider familiar with the tenant's disability, regardless of the property's policy regarding unrelated tenants within the same unit.

(c)

Compliance with the appropriate requirements of the American National Standards Institute standard for buildings and facilities providing accessibility and usability for persons having physical disabilities, commonly cited as "ANSI A 117.1," satisfies the requirements of subsection (b)(3) of this section.

(d)

Subsection (b)(3) of this section does not apply to a building the first occupancy of which occurred on or before March 13, 1991.

(e)

This section does not require a dwelling to 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.

(f)

In this section, the term "covered multifamily dwellings" means:

(1)

Buildings consisting of four or more units if the buildings have one or more elevators; or

(2)

Ground floor units in other buildings consisting of four or more units.

( Ord. No. 13,226 , § 2, 7-14-16)