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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...
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