Article 19 — Reasonable Accommodation

It is the City's policy, pursuant to Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter "fair housing laws"), to provide individuals with disabilities reasonable accommodation in regulations and procedures to ensure equal access to housing, and to facilitate the development of housing for individuals with disabilities. The purpose of this article is to establish a procedure under which a disabled person may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing laws. This article is distinct from the requirements for a variance as set forth in Government Code Section 65906 and Huntington Park Municipal Code Section 9-2.901 , Variances.

(§ 2, Ord. 844-NS, eff. January 7, 2010, as amended by § 4, Ord. 2023-02, eff. December 7, 2023)

Reasonable accommodation in the land use and zoning context means:

• A. Providing flexibility in the application of land use, zoning, and building regulations or policies, practices, and procedures for individuals with disabilities or developers of housing for people with disabilities; and

• B. Waiving certain requirements when it is necessary to eliminate barriers to housing opportunities.

An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

(§ 4, Ord. 2023-02, eff. December 7, 2023)

Notice of the availability of reasonable accommodation shall be prominently displayed at public information counters in the Planning, Zoning, and Building Departments, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the Planning and Building Departments. (§ 4, Ord. 2023-02, eff. December 7, 2023)

Unless it is plainly evident from the content that a different meaning is intended, certain words and phrases used in this article are defined as follows:

"Director" means the Director of Community Development or designee.

"Disabled person" means a person who has a medical, physical or mental condition that limits a major life activity, as those terms are defined in California Government Code Section 12926 , anyone who is regarded as having such a condition, or anyone who has record of having such a condition. It includes a person or persons, or an authorized representative of a disabled person. The term "disabled person" does not include a person who is currently using illegal substances.

"Fair Housing Law" means the Federal Fair Housing Act and the California Fair Employment and Housing Act, including amendments to them.

"Reasonable accommodation" means providing disabled persons flexibility in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It may include such things as yard area modifications for ramps, handrails or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways; building additions for accessibility; tree removal; or reduced offstreet parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation which would (1) impose an undue financial or administrative burden on the City; or (2) require a fundamental alteration in the nature of the City's land use and zoning regulations.

(§ 2, Ord. 844-NS, eff. January 7, 2010, as amended by § 4, Ord. 2023-02, eff. December 7, 2023)

• A. Request. In order to make housing available to an individual with a disability, any eligible person as defined in Section 9-3.1902 may request a reasonable accommodation in land use, zoning and building regulations, policies, practices, and procedures. Such a request may include a modification or exception to the requirements for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers. Requests for group homes consisting of more than six clients and/or convalescent homes as defined in Section 9-1.203 of the Huntington Park Municipal Code shall require Planning Commission review and a public hearing.

• B. Balancing Rights and Requirements. The City will attempt to balance the privacy rights and reasonable accommodation of an applicant for confidentiality, with the land use requirements for notice and public hearing, factual findings and right to appeal, in the City's requests for information, considering an application, preparing written findings and maintaining records for a request for reasonable accommodation.

• (§ 2, Ord. 844-NS, eff. January 7, 2010, as amended by § 4, Ord. 2023-02, eff. December 7, 2023)

§ 9-3.1906. Application requirements.

• A. Requests for reasonable accommodation shall be in writing and provide the following information:

  1. The name, address, and telephone number of the individual(s) requesting reasonable accommodation;

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

  3. The name and address of the property owner, and the owner's written consent to the application;

  4. The current use of the property;

  5. Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought; and

  6. Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.

• B. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

• C. A request for reasonable accommodation in regulations, policies, practices, and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

• D. If an individual needs assistance in making the request for reasonable accommodation, the jurisdiction will provide assistance to ensure that the process is accessible.

• (§ 2, Ord. 844-NS, eff. January 7, 2010, as amended by § 4, Ord. 2023-02, eff. December 7, 2023)

The Director or designee has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter.

(§ 2, Ord. 844-NS, eff. January 7, 2010, as amended by § 4, Ord. 2023-02, eff. December 7, 2023)

A notice or public hearing shall not be required for reasonable accommodation requests. (§ 2, Ord. 844-NS, eff. January 7, 2010, as amended by § 4, Ord. 2023-02, eff. December 7, 2023)

• A. Findings. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

  1. The housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;

  2. The requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

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

  4. The requested accommodation would not require a fundamental alteration in the nature of a City regulation or law, including land use and zoning.

• B. Other Requirements.

  1. An approved request for reasonable accommodation is subject to the applicant's compliance with all other applicable zoning regulations.

  2. A modification approved under this chapter is considered a personal accommodation for the individual applicant and does not run with the land.

  3. Where appropriate, the reviewing authority may condition its approval on any or all of the following:

     • a. Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval;

     • b. Removal of the improvements, where removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists;

     • c. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists;

     • d. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists;

     • e. Measures to reduce the impact on surrounding uses;

     • f. Measures in consideration of the physical attributes of the property and structures;

     • g. Other reasonable accommodation that may provide an equivalent level of benefit and/or that will not result in an encroachment into required setbacks, exceedance of maximum height, lot coverage or floor area ratio, requirements specified for the zone district; and

• h. Other conditions necessary to protect the public health, safety and welfare.

• (§ 2, Ord. 844-NS, eff. January 7, 2010, as amended by § 4, Ord. 2023-02, eff. December 7, 2023)

• A. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the reviewing authority's findings on the criteria set forth in Section 9-31908. All written decisions shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.

• B. The written decision of the reviewing authority shall be final unless an applicant appeals it to the Planning Commission, per Section 9-3.1911 , Appeals.

• C. If the reviewing authority fails to render a written decision on the request for reasonable accommodation within the 30 day time period allotted by Section 9-3.1911(A) , the request shall be deemed granted.

• D. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

• (§ 4, Ord. 2023-02, eff. December 7, 2023)

• A. Within 30 days of the date of the reviewing authority's written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.

• B. If an individual needs assistance in filing an appeal on an adverse decision, the jurisdiction will provide assistance to ensure that the appeals process is accessible.

• C. All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

• D. Nothing in this procedure shall preclude an aggrieved individual from seeking any other State or Federal remedy available.

• (§ 4, Ord. 2023-02, eff. December 7, 2023)