§ 46.026. Definitions.  


Latest version.
  • In this article:

    Complainant means a person who files a complaint under section 46.052.

    Conciliation means the attempted resolution of issues raised by a complainant or by the investigation of a complainant through informal negotiations involving the complainant, the respondent, and the fair housing officer.

    Disability means (a) a physical or mental impairment that substantially limits one or more of the major life activities of an individual (functions such as, but not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working) (b) a record of such an impairment; or (c) being regarded as having such an impairment. This does not include the current illegal use of or addiction to a controlled substance as defined in the federal Controlled Substance Act, as amended, and does not apply to an individual because of an individual's sexual orientation or because that individual is a transvestite.

    Discriminatory housing practice means an act prohibited by this article.

    Dwelling means 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 any vacant land which is offered for sale or lease for the construction or location of a or structure described in this paragraph.

    Fair housing officer means a city employee designated by the city manager to perform the duties and functions of the fair housing officer as described in this article.

    Family means a single individual or group of individuals living together under one common roof.

    Family status means:

    (1)

    The status resulting from one or more persons who are under the age of 18 years being domiciled with an individual who is either 1) the parent of the persons under age 18; 2) the legal custodian of the person(s) under age 18; or (3) the designee (with written authorization) of the parent or legal guardian or custodian of the persons under age 18;

    (2)

    The status resulting from being pregnant; or

    (3)

    The status of being in the process of securing legal custody of any person who is under the age of 18.

    Housing for the elderly means housing

    (1)

    That the fair housing officer determines is specifically designed and operated to assist elderly persons under a federal or state program;

    (2)

    Intended for, and solely occupied by, persons 62 years of age or older; or

    (3)

    Intended and operated for occupancy by at least one person 55 years of age or older per unit.

    Injure means to violate the legal right of another or inflict an actionable wrong.

    Intimidate means willful coercion with the intent to influence the action or inaction of another.

    Rent includes to lease, to sublease, or otherwise to grant for consideration the right to occupy premises not owned by the occupant.

    Respondent means:

    (1)

    The person accused of a violation of this article in a complaint of a discriminatory housing practice; or

    (2)

    Any person identified as an additional or substitute respondent under section 46.046, or an agent of an additional or substitute respondent.

(Code 1970, § 32-4; Ord. No. 1998-82, § 1, 11-23-98; Ord. No. 2001-65, § 2, 9-10-01)

Cross reference

Definitions and rules of construction generally, §§ 1.002, 1.003.