§ 8A-17. Reasonable accommodations.

(a)

The city intends to ensure that all persons with a disability have equal opportunity to use and enjoy a dwelling by providing such persons with reasonable accommodations in rules, policies, practices, and procedures promulgated under this chapter consistent with the FHAA and the ADA, as amended.

(b)

The method of submitting a request for reasonable accommodation is as follows:

(1)

A request for a reasonable accommodation may be submitted at any time that the accommodation may be necessary to ensure equal access to housing.

(2)

A request for a reasonable accommodation may be submitted by an individual with a disability, the person's representative, or a permit holder providing housing for one (1) or more individuals with disabilities.

(3)

A request for a reasonable accommodation must be submitted in writing to the director on the form provided by the department or in the form of a letter.

(4)

There is no fee for an application requesting a reasonable accommodation.

(5)

If an individual needs assistance in making a request for a reasonable accommodation, the city will provide assistance to ensure that the application process is accessible to the individual.

(c)

An applicant shall submit the following information before an application for a reasonable accommodation is considered to be complete:

(1)

The applicant's name, mailing address, street address, telephone number, and email address;

(2)

The applicant's relation to the individual(s) with a disability, if applicable;

(3)

The address of the property to which the requested reasonable accommodation would apply;

(4)

Information that substantiates that the individual who would obtain the benefit of the reasonable accommodation is disabled;

(5)

The section(s) of this chapter from which a reasonable accommodation is being requested; and

(6)

A brief explanation of why the requested accommodation is necessary for the individual or individuals with disabilities to have equal access to housing.

(d)

Upon receipt of a complete application for a reasonable accommodation, the director shall review the application and issue a written ruling that grants, grants with conditions, or denies the application.

(e)

Before making a decision, the director may request an inspection of the boarding home facility and the property on which it is located. If the director makes such a request, the applicant must make the property, the facility, and its records available for the inspection within twenty (20) days after the date of the request or the application is automatically denied.

(f)

If the director deems it necessary to request additional information from the applicant consistent with federal and state law, the director shall contact the applicant in writing and specify the additional information that is required. If the director makes such a request, the applicant must provide the additional information to the director within twenty (20) days after the date of the request or the application is automatically denied.

(g)

All proposed decisions of the director must be submitted to the city attorney for legal review to determine compliance with local, state, and federal laws and regulations.

(h)

The director may impose reasonable conditions on any accommodation granted consistent with the purpose of this chapter.

(i)

The written decision must be consistent with the FHAA and based on a consideration of the following factors:

(1)

Whether the housing that is the subject of the request will be used by one (1) or more individuals with a disability;

(2)

Whether the requested accommodation is necessary to make specific housing available to one (1) or more individuals with a disability;

(3)

Whether the requested accommodation would impose an undue financial or administrative burden on the city;

(4)

Whether the requested accommodation would require a fundamental alteration in the nature of city regulations;

(5)

The potential impacts of the requested accommodation on the applicant, the other residents of the boarding home facility, and the surrounding neighborhood;

(6)

Whether a failure to grant an accommodation would result in the property having no economically viable use; and

(7)

Whether there are alternative accommodations that are reasonable and have an equal, or less of an impact on the city, applicant, other residents of the boarding home facility, and the surrounding neighborhood.

(j)

The director shall issue a written decision within thirty (30) days of:

(1)

Receipt of a completed application, provided that the director is able to issue a decision based on the information provided in the original request; or

(2)

The completed inspection of the property, facility, and its records, as requested by the director; or

(3)

The director's receipt of all additional requested information.

(k)

The director's written decision must explain in detail the basis of the decision and notify the applicant of the right to appeal the director's decision to the zoning board of adjustment.

(l)

If the director denies an application for a reasonable accommodation, the action is final unless the applicant files an appeal with the zoning board of adjustment, sitting as a permit license and appeals board.

(Ord. No. 2015-9654 , § 1, 1-15-15)