Fair and Affordable Housing

Family Displacement in Central Austin: Approaches for Regulating the High Occupancy Unit

In the last few years, a relatively new housing type has emerged in Austin: the High-Occupancy Unit (HOU). The HOU is not defined or regulated in any neighborhood plan, nor is it written in Austin’s Land Development Code. Yet the HOU has changed traditional patterns of residential life in Central Austin, and upset the balance of our complete urban community more than any code change or plan adoption ever has.

Central Austin has always valued the vitality the University of Texas at Austin provides to our area, and the mix of the very different backgrounds of its people. A balanced, diverse community is a strong community. But today, our community is losing a most important component of that diversity: its families. This loss is already complete in areas zoned and thought protected for single-family use. It may be irreversible, and many areas have reached the tipping point. Read the full report here.

Fair Housing

Did you know that students are a protected class in Austin's housing code? In the process of renting an apartment or purchasing a home, if you believe you have been discriminated against due to your race, color, creed, religion, sex, national origin, disability, student status, marital status, familial status, sexual orientation, gender identity, or age, we would like to hear from you. Please e-mail housing@centralaustincdc.org.

City of Austin Housing Discrimination Code

§ 5-1-1 DECLARATION OF POLICY. Expand section...

(A) It is the policy of the City to bring about through fair, orderly and lawful procedures, the opportunity of each person to obtain housing without regard to race, color, creed, religion, sex, national origin, disability, student status, marital status, familial status, sexual orientation, gender identity, or age.

(B) This policy is established upon a recognition of the inalienable rights of each individual to obtain housing without regard to race, color, creed, religion, sex, national origin, disability, student status, marital status, familial status, sexual orientation, gender identity, or age; and further that the denial of such rights through considerations based on race, color, creed, religion, sex, national origin, disability, student status, marital status, familial status, sexual orientation, gender identity, or age, is detrimental to the health, safety and welfare of the inhabitants of the City and constitutes an unjust denial or deprivation of such inalienable rights which is within the power and the proper responsibility of the government to prevent.

Source: 1992 Code Section 7-1-1; Ord. 031106-12; Ord. 031211-11; Ord. 040610-7. Collapse section...

§ 5-1-2 SCOPE. Expand section...

(A) To provide a procedure for investigating and settling complaints of discriminatory housing practices which are violations of state and federal law, to provide rights and remedies substantially equivalent to those granted under federal law and to permit the director to accept referral of complaints from the Secretary of Housing and Urban Development and from the Civil Rights Division of the Texas Workforce Commission, Article 2 (Discrimination in Housing - Fair Housing Act Compliance) prohibits discrimination in housing on the basis of race, color, sex, religion, disability, familial status or national origin and establishes procedures to enforce the provisions of federal and state law.

(B) Even though federal law protects individuals against discrimination in housing based on race, color, sex, religion, disability, familial status or national origin, it is the policy of the City that no person should be denied the opportunity to obtain housing on the basis of creed, student status, marital status, sexual orientation, gender identity, or age.

Source: 1992 Code Section 7-1-2; Ord. 031106-12; Ord. 031211-11; Ord. 040610-7; Ord. 20051215-010. Collapse section...

§ 5-1-51 DISCRIMINATION IN SALE OR RENTAL OF HOUSING. Expand section...

(A)     A person may not refuse to sell or rent a dwelling to a person who has made a bona fide offer; refuse to negotiate for the sale or rental of a dwelling; or otherwise make unavailable or deny a dwelling to any person based on race, color, religion, sex, sexual orientation, gender identity, age, familial status, disability, marital status, student status, creed, or national origin.

(B)     A person may not discriminate against a 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, based on race, color, religion, sex, sexual orientation, gender identity, age, familial status, disability, marital status, student status, creed, or national origin.

(C)     This section does not prohibit discrimination against a person because the person has been convicted under federal law or the law of any state of the illegal manufacture or distribution of a controlled substance, but does not permit discrimination based on a disability.

Source: 1992 Code Section 7-1-50; Ord. 031106-12; Ord. 031211-11; Ord. 040610-7; Ord. 20051215-010. Collapse section...

§ 5-1-52 PUBLICATION INDICATING DISCRIMINATION. Expand section...

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, sexual orientation, gender identity, disability, age, familial status, marital status, student status, creed, or national origin, or an intention to make such a preference, limitation, or discrimination.

Source: 1992 Code Section 7-1-51; Ord. 031106-12; Ord. 031211-11; Ord. 040610-7; Ord. 20051215-010. Collapse section...

§ 5-1-53 AVAILABILITY FOR INSPECTION. Expand section...

A person may not represent to a person based on race, color, religion, sex, sexual orientation, gender identity, disability, age, familial status, marital status, student status, creed, or national origin that a dwelling is not available for inspection, for sale or rental when the dwelling is available for inspection.

Source: 1992 Code Section 7-1-52; Ord. 031106-12; Ord. 031211-11; Ord. 040610-7; Ord. 20051215-010. Collapse section...

§ 5-1-54 ENTRY INTO NEIGHBORHOOD. Expand section...

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, sexual orientation, gender identity, disability, age, familial status, marital status, student status, creed, or national origin.

Source: 1992 Code Section 7-1-53; Ord. 031106-12; Ord. 031211-11; Ord. 040610-7; Ord. 20051215-010. Collapse section...

§ 5-1-56 RESIDENTIAL REAL ESTATE RELATED TRANSACTION. Expand section...

(A)     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, sexual orientation, gender identity, disability, age, familial status, marital status, student status, creed, or national origin.

(B)     In this section, “residential real estate related transaction” means:

(1)     making or purchasing loans or providing other financial assistance:

(a)     to purchase, construct, improve, repair, or maintain a dwelling; or

(b)     secured by residential real estate; or

(2)     selling, brokering, or appraising residential real property.

Source: 1992 Code Section 7-1-55; Ord. 031106-12; Ord. 031211-11; Ord. 040610-7; Ord. 20051215-010. Collapse section...

Responsibilities of Tenancy in the News

The Daily Texan: Feb 9, 2012 – Workshop educates students on facts about leasing – In order to facilitate the transition to off-campus living, Bevonomics hosted a workshop to familiarize students with apartment contracts and the... Read full article.