MODEL ORDINANCE FOR PROVIDING …

1 MODEL ORDINANCE FOR PROVIDINGREASONABLE accommodation UNDERTHE FAIR HOUSING AMENDMENTS ACTThe following documents have been prepared for use by cities and counties to provide aprocess for making reasonable accommodation to land use and zoning decisions and pro-cedures regulating the siting, funding, development and use of housing for people by Mental Health Advocacy Services, 1997 FHIP Grant #FH700G96034 For More Information, Contact:Kim Savage, Staff AttorneyMental Health Advocacy Services, Wilshire Blvd., Suite 102 Los Angeles, CA 90017(213)484-1628 INTRODUCTIONThe Fair Housing Amendments Act of 1988 prohibits cities and counties from discriminating against individualswith disabilities through land use and zoning decisions and procedures. Not only must local governments notdiscriminate, but the Fair Housing Act requires that cities and counties provide reasonable accommodation torules, policies, practices and procedures where such accommodation may be necessary to afford individualswith disabilities equal opportunity to MODEL ORDINANCE presented here provides cities and counties with a comprehensive reasonable accommo-dation procedure, including forms and guidelines, for implementingthe federal mandate.

2 Requesting reasonable accommodation is appropriate where changing an existing rule,policy or procedure would provide an individual with a disability equal opportunity to housing of choice or adeveloper the flexibility necessary for developing housing for individuals with a reasonable accommodation ORDINANCE will not cure a zoning ORDINANCE which on its face discrimi-nates against individuals with disabilities. Nor will an offer of reasonable accommodation ever excuse a city orcounty from liability for intentional discrimination. In fact, adopting a reasonable accommodation ORDINANCE isjust one of several necessary components for complying with fair housing laws. Other parts include reviewingzoning ordinances for the purpose of identifying and eliminating facially discriminatory policies and proceduralrequirements and developing trainings to address discriminatory attitudes about individuals with urge cities and counties to take a comprehensive approach to eliminating discrimination and furtheringhousing opportunities for individuals with disabilities.

3 By adopting a reasonable accommodation ORDINANCE ,reviewing and revising as necessary local zoning ordinances and addressing discriminatory attitudes throughtrainings, local governments will go a long way in meeting the mandate of fair housing GOVERNING REQUESTS FOR REASONABLEACCOMMODATION under THE FAIR HOUSING ACTNOTE: These regulations should be read in conjunction with the attached Guidelines for Regulations GoverningRequests For reasonable accommodation under the Fair Housing Amendments Act of 1988 for a morecomprehensive understanding of the regulations and to ensure that the decision making process for requests forreasonable accommodation is in compliance with federal 1. PurposeIt is the policy of the jurisdiction, pursuant to the Fair Housing Amendments Act of 1988, to provide people withdisabilities reasonable accommodation in rules, policies, practices and procedures that may be necessary toensure equal access to housing.

4 The purpose of these provisions is to provide a process for making requests forreasonable accommodation to land use and zoning decisions and procedures regulating the siting, funding,development and use of housing for people with disabilities. In these regulations, use of housing includes, but isnot limited to, housing related services and the use and enjoyment of the 2. DefinitionsAct. The Fair Housing Amendments Act of The individual making the request for reasonable accommodation pursuant to these The municipal zoning code or ORDINANCE which sets forth the jurisdiction s land use and zoning (s). The department(s) within the jurisdiction responsible for administering requests for reasonableaccommodation pursuant to these or Appeals Designee. The person(s), commission or other group of persons designated to makedeterminations on fair housing accommodation requests pursuant to these Any person who has a physical or mental impairment that substantially limits one or more major lifeactivities; anyone who is regarded as having such impairment or; anyone who has a record of such who are currently using illegal substances are not covered under the Act, unless they have a 3.

5 Notice to the Public of Availability of accommodation ProcessAt all counters where application is made for a permit, license or other authorization for the siting, funding,development or use of housing, notice in the form set forth in Exhibit A shall be prominently displayed advisingapplicants that they may request a reasonable accommodation of existing rules, policies, practices and proce-dures. Forms for requesting an accommodation shall be available in all departments where decisions are maderegulating the siting, funding, development and use of 4. Requesting reasonable AccommodationA. In order to make specific housing available to an individual with a disability, any person may request areasonable accommodation in the rules, policies, practices and procedures regulating the siting, funding,development or use of housing by completing the Fair Housing accommodation Request form (Exhibit B)and filing it with the If an individual needs assistance in making the request for reasonable accommodation , the department shallprovide the assistance necessary to ensure that the process is accessible to the A request for reasonable accommodation in rules, policies, practices and/or procedures may be filed at anytime that the accommodation may be necessary to ensure equal access to housing; at the outset or duringthe approval 5.

6 Review of Requests for reasonable AccommodationA. When a request for reasonable accommodation is filed with the Department, it is referred to the designee forreview and consideration. The designee shall issue a written decision within thirty (30) days of the date ofthe application and may grant the reasonable accommodation request or deny the request. See Notice ofDecision on Fair Housing accommodation Request form (Exhibit C) for designee s If necessary to reach a decision on the request for reasonable accommodation , the designee may requestfurther information from the applicant consistent with the Act, specifying in detail what information is Not more than thirty (30) days after receiving a written request for reasonable accommodation , the designeeshall issue a written decision on the request; provided that, in the event that the designee requests furtherinformation pursuant to the above paragraph, the running of this period shall be tolled (stopped) until theapplicant responds to the 6.

7 Factors for Considering Requests for reasonable AccommodationThe designee shall consider the following criteria when deciding whether a requested accommodation is reason-able: Is the housing, which is the subject of the request for reasonable accommodation , to be used by an indi-vidual protected under the Act? Is the request for accommodation necessary to make specific housing available to an individual protectedunder the Act? Whether the requested accommodation would impose an undue financial or administrative burden on thejurisdiction? Whether the requested accommodation would require a fundamental alteration in the nature of a program?Sec. 7. Written Decision on the Request for reasonable AccommodationA. The designee s written decision on the request for reasonable accommodation shall explain in detail the basisof the decision, including the designee s findings on the criteria set forth in Sec.

8 6, above. All written deci-sions shall give notice of the right to appeal and to request reasonable accommodation in the appealsprocess as set forth below. The designee s Notice of Decision shall be sent to the applicant by If the designee fails to render a written decision on the request for reasonable accommodation within thetime period allotted by Sec. 5, above, the request shall be deemed 8. AppealsA. Within thirty (30) days of the date of the designee s written decision, the applicant may appeal an adversedecision by filing the Appeal of Denial of Fair Housing accommodation Request form (Exhibit D).B. An applicant may request reasonable accommodation in the procedure by which an appeal will be con-ducted. If an applicant needs assistance in filing an appeal, the Department shall provide the assistance thatis necessary to ensure that the appeal process is accessible to the All appeals shall contain a statement of the grounds for the Nothing in these Regulations shall preclude an aggrieved individual from seeking any other state or federalremedy OF FAIR HOUSING ACCOMMODA-TION PROCEDURES FOR PEOPLE WITH DIS-ABILITIESTHIS IS NOT A COMPREHENSIVE EXPLANATION OF YOUR RIGHTS under THE FEDERAL FAIRHOUSING AMENDMENTS may request a reasonable accommodation to rules, poli-cies, practices and procedures for the siting, development anduse of housing, including housing related services or facili-ties, if you meet all of the following: you have a disability* or the housing is for peoplewith disabilities.

9 You may need a reasonable accommodation to exist-ing rules and regulations to have equal opportunityto housing AND; your request for accommodation would not be anundue burden on the city or you believe that you satisfy the above criteria and are entitled to a reasonable accommo-dation under the Fair Housing Amendments Act of 1988, you may obtain a Fair HousingAccommodation Request form from the front desk. If you need assistance in applyingfor a reasonable accommodation , the Department will assist you.*The Fair Housing Act defines disability as any of the following: a physical or mental impairment that substan-tially limits one or more major life activities; a record of having such an impairment or; being regarding hashaving such an impairment. The Fair Housing Act does not protect individuals currently using illegal substances,unless they have a separate AFAIR HOUSING accommodation REQUESTEXPLANATION OF RIGHTS under THE FAIR HOUSINGAMENDMENTS ACTB efore completing the request for a reasonable accommodation , below, please read the followinginformation about who is protected by the Fair Housing Amendments Act and what accommodationmay be available under the law.

10 This is not a comprehensive explanation of your rights under theFair Housing Amendments the protections of the Fair Housing Amendments Act apply to me?You are protected by the Fair Housing Amendments Act if you have a disability or the housing is for people withdisabilities. Disability means any one of the following: a physical or mental impairment that substantially limitsone or more major life activities or a record of having such an impairment or being regarded by others as havingsuch an impairment. The Fair Housing Amendments Act does not protect an individual currently using illegalsubstances, unless that person has a separate kind of accommodation may I request under the Fair Housing Amendments Act?If you have a disability or the housing is for people with disabilities, the Fair Housing Amendments Act requiresthat the city or county provide you with reasonable accommodation in rules, policies, practices and proceduresthat may be necessary for people with disabilities to have equal opportunity to use and enjoy a dwelling.