Fresno Municipal Code Art. 57 Reasonable Accommodations for Housing

In order to ensure equal access to housing for individuals with disabilities, the Director shall provide reasonable accommodation that may include a modification or exception to the rules, standards, and practices within this Code for the siting, development, and use of housing or housing-related facilities when an applicant requests reasonable accommodation.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

An applicant may request reasonable accommodation that may include a modification or exception to the rules, standards and practices for the siting, development, and use of housing or housing-related facilities that would modify regulatory barriers and provide an individual with a disability equal opportunity to the use and enjoyment of the housing of their choice.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A. Application Form. A request for reasonable accommodation may be submitted on a form provided by the City or be made orally to the Director, and shall contain the following information:

1. The applicant's name, address, and telephone number;

2. The name, address, and telephone number of the representative if designated;

3. Address of the property for which the request is being made;

4. The current actual use of the property;

5. The basis for the claim that the individual is qualified for accommodation;

6. The Code, policy, procedure, rule, or regulation from which reasonable accommodation is being requested; and

7. Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

B. Filing Period. An application for reasonable accommodation may be made or filed at any time. However, if the request for reasonable accommodation is related to an application for a land use entitlement pursuant to this Code, the request for reasonable accommodation must be made or filed with that application.

C. Assistance. The City will provide assistance as necessary to ensure that the process in its entirety is accessible to the applicant. The applicant shall be entitled to be represented at all stages of the proceeding by a person designated by the applicant. If the applicant designates a representative, the applicant shall provide authorization in writing.

D. Obligations. A request for reasonable accommodation does not affect a person's obligation to comply with other applicable City laws and regulations not at issue in the requested accommodation.

E. Other Remedies. The procedures set forth herein does not limit an individual's right to any other available remedy under federal or State law.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Public notice shall not be required.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Except as provided below, within 30 days of the date of the application, a written decision shall be made to grant, grant with conditions, or deny the request for reasonable accommodation.

A. Additional Information. The Director may require that the applicant provide any additional information that the Director deems necessary to determine disposition of the requested accommodation. In the event a request for further information is made, the 30-day period to issue a written determination shall be stayed from the date of the request for additional information until the applicant responds to the request.

B. Property Development Standard Deviation. If the request for accommodation is to modify a property development standard of this Code, it shall be processed pursuant to Article 56, Minor Deviations, and is not subject to the 30-day review period.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

The written decision shall be consistent with fair housing laws and reasonable accommodation and shall only be granted when it is found that:

A. The housing, which is the subject of the request for reasonable accommodation, is to be used by an individual protected under fair housing laws;

B. The requested accommodation is necessary to make specific housing available to an individual protected under fair housing laws;

C. The requested accommodation does not impose an undue financial or administrative burden on the City; and

D. The requested accommodation does not require a fundamental alteration in the nature of a City plan, policy, rule, regulation, or code.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

In granting a request for reasonable accommodation, the Director may impose any condition of approval deemed reasonable and necessary to ensure that the accommodation complies with the findings required by this section, and any other applicable State or federal law. The imposition of any condition in accordance with this section will not impose any additional development entitlements other than what entitlements would otherwise be required by law or this Code.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Accommodation decisions are subject to the appeal provisions of Section 15-5017, Appeals.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Accommodations granted under this article may only be modified as provided for in Article 50, Common Procedures.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A. Notice to the Public of Availability. In all offices where application is made for a permit, license, or other authorization for the siting, funding, development, or use of housing, a notice and explanation shall be displayed announcing the availability of reasonable accommodation for qualified applicants. Application forms shall be available at these locations.

B. Disclosures of Information. Private or personal information regarding the nature of an individual's disability provided by an applicant requesting reasonable accommodation shall not be disclosed except as follows:

1. Information necessary to make or review a decision to grant or deny a request for reasonable accommodation may be disclosed to any person whose consideration of such information is necessary to make or review that decision.

2. Information may be disclosed if otherwise required by law.

C. Withdrawal of Request. Upon written notice to the City, an applicant for reasonable accommodation may withdraw a request for reasonable accommodation without prejudice.

(Added Ord. 2015-39, § 1, eff. 1-9-16).