3-28-19

ORDINANCE NO. _________

An ordinance amending Chapter 27 of the Dallas City Code by amending Sections 27-59, 27-60,
27-61, and 27-62; providing definitions for delinquent payment, impacted tenant, landlord, local
disaster, notice of proposed eviction, notice to vacate, and person; adding a applicability of the
ordinance and requirements; creating an offense and penalty; providing a penalty not to exceed
$500; providing a saving clause; providing a severability clause; and providing an effective date.
WHEREAS, the city council finds that the provision of tenant space to every tenant of the

City of Dallas is essential to the health and safety of all tenants’ and all City of Dallas resident’s
health, safety and welfare particularly during times of a local disaster; and
WHEREAS, the city council finds evictions during times of local disasters is an undue

hardship to for many residents; and

WHEREAS, the city council finds evictions during times of local disasters for residential,
nonprofit, commercial and all other tenants is an undue hardship for many tenants; and
WHEREAS, the City of Dallas finds that establishing an extended eviction process during
times of local disasters is a matter of public health, safety and welfare and serves the public purpose

of safeguarding tenants all City of Dallas residents from the detriments of the local disaster by
making tenant space continuously available and uninterrupted to tenants during the local disaster
period; Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That Article IX, “Reserved,” of Chapter 27, “Minimum Property Standards,”
of the Dallas City Code is amended to read as follows:
“ARTICLE IX.
EVICTIONS DURING LOCAL DISASTERS
[RESERVED].
SEC. 27-59.[SEC. 27-59 THRU 27-72] DEFINITIONS.

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 In this article:

(1) DELINQUENT PAYMENT means rent, fee, or other charge owed under
the lease that is not paid timely.

(2) IMPACTED TENANT means a person, or a member of their household,

who is authorized by a lease to occupy property to the exclusion of others and incurs delinquent
payments as a result of the local disaster.

(3) LANDLORD means a person who rents real property to a tenant. This term
also includes an owner’s agent.

(4) LOCAL DISASTER means any disaster declared a local disaster by

declaration of the mayor and city council.

(5) NOTICE OF PROPOSED EVICTION means the notice required by Texas

Property Code Secion 24.005(e) that precedes the statutory notice to vacate described in Texas
Property Code Section 24.005 and complies with the requirements found in Section 27-61 of this
article.

(6) NOTICE TO VACATE means the statutory notice to vacate required by

Texas Property Code Section 24.005 that must precede the filing of an eviction suit.

(7) PERSON means an individual, corporation, organization, government

governmental subdivision or agency, business trust, estate, trust, partnership, association, and any
other legal entity, but does not include the City.

SEC. 27-60. APPLICABILITY.

This article applies to a landlord who may evict an impacted tenant because of delinquent
payments that occur on the first date of a local disaster declaration order until the order is rescinded.

SEC. 27-61. REQUIREMENTS.

(A) In cases involving a tenant’s failure to pay rent, a landlord shall give an impacted
tenant a notice of proposed eviction that provides the right of the impacted tenant to respond, which
includes curing any delinquent payments, prior to giving an impacted tenant a notice to vacate.

(B) A notice of proposed eviction must be in writing and shall include the following:
(1) a statement that complies with Subsection (E);
(2) a right for the impacted tenant to respond, which includes curing any
delinquent payments, and:

(3) the time period to respond.

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 (C) A notice of proposed eviction must be provided to an impacted tenant in a manner
that is authorized by Texas Property Code Section 24.005 for a notice to vacate.

(D) The minimum time period described in Subsection (B)(3) is 60 days.

(E) The statement must:
(1) be in 16-point font, bold typeface, and underlined;
(2) be placed at the top of the first page of the notice of proposed eviction; and
(3) include the following text: “A NOTICE OF PROPOSED EVICTION AND
OPPORTUNITY TO PAY TO AVOID EVICTION – THIS NOTICE DOES NOT EXCUSE
YOUR OBLIGATION TO PAY AND YOU CAN BE EVICTED IF YOU FAIL TO PAY BY
THE PAYMENT DEADLINE BELOW.”

(F) A notice to vacate that is given prior to the expiration of the time provided in (B)(3)
shall have no effect.

SEC. 27-62. OFFENSE AND PENALTY.

(A) A person commits an offense if the person fails to provide a notice of

proposed eviction or if the person fails to comply with any other requirement imposed in
this article.
(B) A person who violates this article commits a separate offense for each day
the violation continues.
(C) A culpable mental state is not required for the commission of an offense
under this article and need not be proved.
(D) Each offense is punishable by a fine not to exceed $500.

SECS. 27-63 THRU 27-72 RESERVED.”

SECTION 2. That a person violating a provision of this ordinance, upon conviction, is

punishable by a fine not to exceed $500.

SECTION 3. That Chapter ____ of the Dallas City Code shall remain in full force and

effect, save and except as amended by this ordinance.

SECTION 4. That any act done or right vested or accrued, or any proceeding, suit, or

prosecution had or commenced in any action before the amendment or repeal of any ordinance, or

part thereof, shall not be affected or impaired by amendment or repeal of any ordinance, or part

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thereof, and shall be treated as still remaining in full force and effect for all intents and purposes

as if the amended or repealed ordinance, or part thereof, had remained in force.

SECTION 5. That the terms and provisions of this ordinance are severable and are

governed by Section 1-4 of Chapter 1 of the Dallas City Code, as amended.

SECTION 6. That this ordinance shall take effect immediately from and after its passage

and publication in accordance with the provisions of the Charter of the City of Dallas, and it is

accordingly so ordained.

APPROVED AS TO FORM:

CHRISTOPHER J. CASO, Interim City Attorney

By_________________________________
Assistant City Attorney

Passed______________________________

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