5.6 The Texas Workforce Commission
If the complainants filed a complaint with the U.S Housing of Urban Development (HUD)
the Texas Workforce Commission is unable to take the complaint. >It is illegal to advertise any discriminatory information or as well set limitations on an individual's Fair Housing Rights.
The Complaint Process: 4th
At that point they will investigate the complaint to determine if there was reasonable cause to believe that the law is violate. -Under the category of conciliation, the TWC Civil Rights Divison Stat, will try to reach an agreement w/ the person the complainant is against.
The Assess ability Requirements
○ All properties built after March 31st ,1991 must comply with the design and construction requirements of the Federal and Texas Fair Housing Acts. ○ In buildings that was ready for first occupancy after March 31st, 1991. With four or more units and a elevator , the public common areas must be available to people with disabilities. ○ Doors and hallways must be wide enough for wheel chairs
*Pop Quiz* All buildings built after March 31st, 1991 must comply w/ the design and construction requirements of the......?
Texas Fair Housing Act
General Public Interest:If the party does not meet a mutual agreement
The investigation process then goes to the next level and continues.
The Complaint Process: 1st
1) Is to determine wither the TWC has the jurisdiction to investigate. >If they do have jurisdiction , they will work with the person who contacted them to complete the complaint.
The Complaint Process: 5th
> After the complaint investigation , if when the TWC investigates the complaint and conciliation is not achieved and the find reasonable cause to the discrimination occurred ,they will inform the complainant and also refer the complaint to the Texas Attorney General's office for potential legal action. -If they investigate the complaint and find no reasonable cause to believe the law has been violated , they will notify the complaint in writing and inform the right to follow suite at their own expense at a Federal or State District court within 2 yrs. of the alleged violation.
The Texas Housing Act and the U.S Fair Housing Act In some circumstances the law exempts:
> Owner occupied buildings with no more than 4 units. >Single family housing sold or rented without the use of a broker. >Housing operated by organizations and private clubs that limits occupancy to its members. >Housing Developments that qualify for persons age 55 or older may be exempt from the provisions barring discrimination on the basis of familial status.
The Texas Workforce Commission states that if you have a physical or mental disability that:
> Substantially limits one or more major life activities . > Have a record of such disability . >Regarded to have such disability . -This person is legally protected against housing discrimination .**This also goes for the person associated with the person that has the disability**
The Texas Housing Act and the U.S Fair Housing Act:Mortgage lending , Cannot(refuse)....
> To make a Mortgage Loan. >To provide information regarding mortgage loans > Impose different terms or conditions . > Such as , Mortgage Rates, different points or fees on loans. >Deny property insurance >Conduct Property appraisals in a discriminatory manner >To purchase a loan >Set different terms or conditions for a loan.
Conciliation Process
>As a 1st step toward potential conciliation they will invite the complainant to provide them with a offer that the complainant believes will resolve the issues. >They will also notify the person who allegedly discriminated against the complainant and will explain the Investigation and conciliation processes and permit that person to submit a response. -They will invite that person to provide an offer as well that they believe will resolve the issue.
*Pop Quiz* Fair housing complaints cannot be filed through the Texas Workforce Commission in which of the following cities.......?
>Austin >Corpus Christi >Dallas
Some Exceptions for Discrimination Complaints; Includes if your fair housing complaint is located in the following cities:
>Austin >Corpus Christi >Dallas >Fort Worth >Garland
The Texas Housing Act and the U.S Fair Housing Act protect from discriminatory housing practices when selling dwellings.
>Covers most housing >In some circumstances the law exempts >Who are we talking about? >What is Fair Housing? >No one may take any of the follow actions
A Conciliation Agreement take into account
>Interest of the complainant >General Public Interest
Under disability a landlord may not:
>Make a inquiry to determine if a applicant for a dwelling or a person intending to resign in the dwelling, or any person . >Refuse to let a tenant to make reasonable modifications to the dwelling or common uses of the areas at tenant expense. >Refuse to make reasonable accommodations -Rules -Policies -Services <If necessary , so that the disabled persons may have equal opportunity to use and enjoy the housing including public and common use areas.
The Texas Housing Act and the U.S Fair Housing Act: No one may take any of the follow actions Sale/Rental of Housing,Cannout (refuse).
>To rent or sale housing to someone based on discriminatory criteria. >To negotiate fair housing >Advertise housing to preferred groups only. >Show homes or apartments in certain neighborhoods only >Say, housing is unavailable for inspection , sale or rental when in fact it is. >Set different Terms , Conditions or Privileges of a sale . >Provide different housing services or facilities > Deny access to or membership in a facility or service related in a sale or rental of housing. Ex. Multiple Listing Service. >Cannot refuse to make certain modifications or accommodations for person with mental of physical disability
The Assess ability Requirements:All units must have.
>an accessible route into and through the unit > accessibility to ; light switches ,electrical outlets, thermostats and other environmental controls. >Reinforced bathroom stalls to allow later installation of grab bars. >Kitchens and bathrooms that can be used by individuals in wheelchairs.
The Texas Housing Act and the U.S Fair Housing Act: What is Fair Housing
Everyone is free to choose where they are able to live as long as they are financially capable .
The Texas Housing Act and the U.S Fair Housing Act: Who are we talking about?
Everyone who lives in the U.S is protected from the discrimination in housing.
*Pop Quiz* The Texas Workforce Commission cannot take fair housing discrimination complaints if the same complain is also filed with....?
HUD
In the State of Texas one of the places we see complaints filed is from the Texas Workforce Commission.
If you believe you have been discriminated against, you are able to file a complaint through a Texas Workforce Commission Civil Rights Division. >You must submit a complaint within 1 year of the alleged harm.
The Texas Workforce Commission Civil Rights will not be able to take the complaint .
It would have to be filed through the local Fair Housing offices within those cities
The Complaint Process: 2nd
Once they have received all of the required information a signature is required is from the complainant to complete the process.
General Public Interest:If an agreement is breach.
They may recommend that the Texas Attorney General file suite.
General Public Interest:If an agreement is signed.
They will take no further action on the complaint and the investigation is considered to be concluded .
Housing Opportunities for Families
Unless a building or community qualifies for Senior Housing, the Owner or Manger of Property cannot discriminate against Familial Status. >Against Familial Status discrimination. ) The property is specifically designed for and occupied by elderly persons under Federal State or Local government program. 2) Occupied by a person's solely who are aged 62 or older . 3) Houses at least one person 55 yrs. or older and at least 80% of the occupied units. 4)Adheres to a policy that demonstrates the intent to house individuals 55 yrs. or older.
The Complaint Process: 3rd
When the TWC receive a completed complaint they inform the complaint about the >Investigation Process >Conciliation Process ,