Chapter 19.1010 — Reasonable Accommodation for Persons with Disabilities

It is the policy of the City of Buena Park, pursuant to the Fair Housing Act, as amended, 42 U.S.C. Section 3604 et seq., and the California Fair Employment and Housing Act, California Government Code Section 12900 et seq., to provide individuals with disabilities reasonable accommodations to land use and zoning regulations, rules, policies, practices, and procedures (including modification or waiver of certain requirements) that may be necessary to ensure such individuals an equal opportunity for the use and enjoyment of housing. The purpose of this chapter is to provide a formal procedure for making requests for reasonable accommodation. (Ord. 1527 § 1, 2008)

"Acts" means the Federal Fair Housing Act and the California Fair Employment and Housing Act.

"Department" means the City of Buena Park Community Development Department.

"Individual with a disability" means any person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having that type of impairment, or anyone who has a record of that type of impairment. (Ord. 1527 § 1, 2008)

At 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 below in this section shall be prominently displayed advising the public that an Individual with a Disability, his or her representative or a developer or provider of housing for an Individual with a Disability, may request a reasonable accommodation to land use and zoning regulations, policies and procedures. Such notice shall also be made available to the public on the City website.

"NOTICE OF FAIR HOUSING ACCOMMODATION PROCEDURES FOR PEOPLE WITH DISABILITIES"

You may request a reasonable accommodation to land use and zoning regulations, rules, policies, practices and procedures (such as modification or waiver of certain requirements) for the siting, development and use of housing, including housing related services or facilities, if you meet all of the following:

• You have a disability* or the housing is for people with disabilities;

• You may need a reasonable accommodation to existing rules and regulations to have an equal opportunity to use and enjoy housing; and

• Your request for accommodation would not be an undue burden on the City.

If you believe that you satisfy the above criteria and are entitled to a reasonable accommodation under the Federal Fair Housing Act and California Fair Employment and Housing Act, you may obtain a Fair Housing Accommodation Request form from the front desk. If you need assistance in applying for a reasonable accommodation, the Department will assist you.

***"Disability"** is defined as any of the following: a physical or mental impairment that limits one or more major life activities; a record of having such an impairment; or, being regarded as having such an impairment.

This is not a comprehensive explanation of your rights under Federal Fair Housing Act and the California Fair Employment and Housing Act.

• (Ord. 1527 § 1, 2008)

• A. Any Individual with a disability, his or her representative or a developer or provider of housing for an Individual with a disability may seek a reasonable accommodation under the Acts by completing a "Fair Housing Accommodation Request" form provided by the Department. The person requesting the accommodation is not required to use the Department's form to make the request; however, the City retains the right to request and obtain the information requested in the form, as applicable, in order to make its determination.

• B. The forms for requesting reasonable accommodation shall be made available at all counters where application is made for a permit, license or other authorization for the siting, funding, development or use of housing, and on the City's website.

• C. A request for reasonable accommodation in land use and zoning regulations, rules, policies, practices, and procedures (including modification or waiver of certain requirements) may be filed at any time that the accommodation may be necessary to ensure equal opportunity for the use and enjoyment of housing.

• D. There shall be no fee charged for requesting or granting of reasonable accommodation under the Acts.

• E. The Department shall ensure that the entire process is accessible to the applicant. Any Individual with a Disability who, due to his or her disability, needs assistance in completing the request for reasonable accommodation form, in reading or understanding the written determination, in filing an appeal, or in any other aspect of the process, shall be provided such assistance by the Department which may include, but is not limited to, the provision of forms and notices in alternate formats for people who are blind or visually impaired.

• (Ord. 1527 § 1, 2008)

• A. The Department shall issue a written determination to grant the request for reasonable accommodation, grant the request with modifications or subject to specified conditions, or deny the request, within 30 days of the date a complete application is submitted.

• B. The Department may request additional information necessary for making a determination on the request for reasonable accommodation that complies with the protections of the Acts and the privacy rights of the Individual with a Disability to use the specified housing. If additional

information is requested, the 30 day time period for making a determination on the request shall be tolled pending receipt of the requested information. (Ord. 1527 § 1, 2008)

• A. The written determination to grant the request, grant the request with modifications or subject to specified conditions, or deny the request, shall be in compliance with the requirements of the Acts. It shall explain in detail the basis of the decision and contain the following factual findings:

  1. Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with a disability protected under the Acts;

  2. Whether the requested accommodation may be necessary to make housing available to an individual with a disability protected under the Acts or to allow such an Individual to have an equal opportunity to the use and enjoyment of housing; and

  3. Whether the requested accommodation would impose an undue financial or administrative burden on the City or would require a fundamental alteration of a City program.

• B. A copy of the determination shall be sent by certified mail to the applicant and shall give notice of the right to appeal and to request reasonable accommodation in the appeals process.

• C. If the Department fails to render its determination within the time set forth in Section 19.1010.050 , the request shall be deemed granted.

• (Ord. 1527 § 1, 2008)

• A. A written determination by the Department shall be final unless appealed to the City Council within 30 calendar days of the date of the mailing of the determination.

• B. All appeals shall be in writing and shall contain a statement of the grounds for appeal. An applicant may but is not required to use any appeal form provided by the Department.

• C. Nothing in this chapter shall preclude an aggrieved individual from seeking any other available state or federal remedy.

• (Ord. 1527 § 1, 2008)