Section 214.219 - Minimum Habitability Standards for Multi-Family Rental Buildings in Certain Municipalities(a) This section applies only to a municipality with a population of 1.7 million or more. This section does not affect the authority of a municipality to which this section does not apply to enact or enforce laws relating to multi-family rental buildings.(b) In this section:(1) "Multi-family rental building" means a building that has three or more single-family residential units.(2) "Unit" means one or more rooms rented for use as a permanent residence under a single lease to one or more tenants.(c) A municipality shall adopt an ordinance to establish minimum habitability standards for multi-family rental buildings, including requiring maintenance of proper operating conditions.(d) A municipality may establish other standards as necessary to reduce material risks to the physical health or safety of tenants of multi-family rental buildings.(e) A municipality shall establish a program for the inspection of multi-family rental buildings to determine if the buildings meet the minimum required habitability standards. The program shall include inspections under the direction of: (1) the municipality's building official, as defined by the International Building Code or by a local amendment to the code under Section 214.216;(2) the chief executive of the municipality's fire department; and(3) the municipality's health authority, as defined by Section 121.021, Health and Safety Code.(f) A municipality may not order the closure of a multi-family rental building due to a violation of an ordinance adopted by the municipality relating to habitability unless the municipality makes a good faith effort to locate housing with comparable rental rates in the same school district for the residents displaced by the closure.(g) The owner of a multi-family rental building commits an offense if the owner violates an ordinance adopted under this section. An offense under this subsection is a Class C misdemeanor. Each day the violation continues constitutes a separate offense.(h) A municipality may impose a civil penalty under Section 54.017 for a violation of this section.Tex. Loc. Gov't. Code § 214.219
Added by Acts 2009, 81st Leg., R.S., Ch. 1127, Sec. 1, eff. 6/19/2009.