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TO: Mayor Richard C. Irvin
FROM: Nydia Molina, Assistant Corporation Counsel
DATE: October 30, 2024
SUBJECT:
Requesting approval of amendment to Chapter 22-Harassment and Discrimination, specifically adding Article 22-IV Reasonable Accommodation Process
PURPOSE:
To continue to ensure equal access to housing and in compliance with the Fair Housing Amendments Act of 1988, the Americans with Disabilities Act, and applicable State laws, this amendment would provide persons with disabilities reasonable accommodations (including modifications or exceptions) to the City's zoning, land use, and other regulations, codes, rules, policies and practices. This amendment would include waiving certain requirements when necessary to eliminate barriers to housing opportunities and to ensure a person with a disability has an equal opportunity to use and enjoy a dwelling. This Article provides a procedure for making requests for accommodations in land use, zoning, building regulations and other regulations, policies, practices, and procedures of the jurisdiction to comply fully with the intent and purpose of applicable laws, including federal laws, in making a reasonable accommodation.
BACKGROUND:
City has several regulations and ordinances that apply to land use, zoning, building and other practices and procedures. For instance, the City’s has multiple ordinances limiting the number of unrelated persons from living together and maintaining a common household.
The Federal Housing Authority (FHA) and the Americans with Disabilities Act (ADA) prevent discriminatory housing practices against individuals with disabilities. These federal laws prohibit municipalities from enacting or enforcing land use or zoning laws that discriminate against persons because of a legally protected characteristic such as a disability.
DISCUSSION:
The proposed amendments would ensure clear and detailed procedures for an individual with a disability who is seeking a reasonable accommodation or exception to any of the City’s land use, zoning, building regulations and other regulations, policies, practices, and procedures. The process outlined in the amendments includes an application and specific information and documentation to be included when the request is submitted to the zoning administrator. The request will be reviewed by a hearing officer which would be aligned with current processes. The proposed amendments also identify specific time frames in which requests will be reviewed, and written decision must be made. The hearing officer is provided with a list of factors that shall be considered during the review of the request. The amendment also provides staff with clear direction on how to process a reasonable accommodation request and ensure that the requests will be reviewed in the same manner regardless of what regulation, policy or procedure is identified.
IMPACT STATEMENT:
Amending Chapter 22 would provide a detailed mechanism for a person with a disability to request a reasonable accommodation to the City’s land use, zoning, building regulations and other regulations, policies, practices, and procedures.
RECOMMENDATIONS:
I request the proposed ordinance be enacted.
cc: Rules, Administration and Procedures
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance amending Chapter 22-Harassment and Discrimination by specifically adding Article 22-IV Reasonable Accommodation Process.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, to continue to ensure equal access to housing and in compliance with the Fair Housing Amendments Act of 1988, the Americans with Disabilities Act, and applicable State laws,
WHEREAS, The Federal Housing Authority (FHA) and the Americans with Disabilities Act (ADA) prevent discriminatory housing practices against individuals with disabilities. These federal laws prohibit municipalities from enacting or enforcing land use or zoning laws that discriminate against persons because of a legally protected characteristic such as a disability; and
WHEREAS, it would be in the best interest of the City of Aurora residents to codify a process that will continue to ensure equal access to persons with disabilities.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That Chapter 22 of the Code of Ordinance shall be and hereby amended as set forth in Exhibit A. Article 22-IV Reasonable Accommodation Process is to be added to the existing chapter.
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon passage and approval.
Section Three: That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed insofar any conflict exists.