HomeMy WebLinkAboutRES 16-146RESOLUTION NO. 16-146
WHEREAS, on May 3, 2016, City Council of the City of Beaumont, Texas
adopted Resolution No. 16-076 authorizing the City's attorneys and the City Manager to
execute a Consent Decree with the United States Justice Department relating to the
settlement of the suit styled United States of America vs. City of Beaumont, Texas; Civil
Action No. 1:15CV201 relating to the ability of the City to enforce its zoning ordinance
as well as the International Fire Code and International Building Code as they relate to
small Group Homes; and,
WHEREAS, the Decree requires that the City adopt a Reasonable
Accommodation Policy to provide for modification and exceptions to its codes, rules,
policies and other regulations, pursuant to the Fair Housing Amendment Act and
Americans with Disabilities Act; and,
WHEREAS, the Policy outlines the procedure for application, review, and appeal
of request for Reasonable Accommodation under the Acts,
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the Reasonable Accommodation Policy is hereby adopted. The Policy is
substantially in the form attached hereto as Exhibit "A;" and,
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
August, 2016. t� & 0velf
- Ma 4Becky Ames"j-
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ATTACHMENT A
Reasonable Accommodation Policy
I. Introduction
It is the policy of the City of Beaumont, Texas ("City"), pursuant to the Fair Housing
Amendments Act of 1988, the Americans with Disabilities Act and applicable state laws, to
provide individuals with disabilities reasonable accommodations (including modifications or
exceptions) in the City's zoning, land use, and other regulations, codes, rules, policies and
practices, to ensure equal access to housing and to facilitate the development of housing for
individuals with disabilities, or developers of housing for people with disabilities, flexibility in
the application of land use, zoning, building and other regulations, policies, practices and
procedures, including waiving certain requirements, when it is necessary to eliminate barriers to
housing opportunities to ensure a person with a disability has an equal opportunity to use and
enjoy a dwelling.
This Policy 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. Nothing in this Policy shall require persons with
disabilities or operators of homes for persons with disabilities acting or operating in accordance
with applicable zoning or land use laws or practices to seek a reasonable accommodation under
this Division.
II. Publication of Policy
The City shall prominently display a notice at the counter in the Planning and
Community Development Department advising those with disabilities or their representatives
that they may request a reasonable accommodation in accordance with the procedures
established in this Policy. A copy of the notice shall be available upon request and shall also be
posted on the City's website.
III. Definitions
As used in this Policy, "person with a disability" has the meaning set forth in the federal
Fair Housing Act and the Americans with Disabilities Act and is an individual who has a
physical or mental impairment that limits one or more of the major life activities of such
individual, is regarded as having such impairment, or has a record of such impairment.
As used in this Policy, "reasonable accommodation" means the act of making a dwelling
unit or housing facility(ies) readily accessible to and usable by a person with disabilities, through
the removal of constraints in the City's land use, zoning, code, permit and processing procedures.
A reasonable accommodation controls over a conflicting City regulation or requirement.
Consent Decree — Page 23
EXHIBIT "A"
Case 1:15-cv-00201-RC-ZJH Document 105 Filed 06/16/16 Page 24 of 31 PagelD #: 1582
IV. Requesting an Accommodation
An application for an accommodation may be made by any person(s) with a disability,
his or her representative, a developer or provider of housing for persons with disabilities, or an
agency that provides residential services to persons with disabilities. A request for
accommodation may be submitted at any time the accommodation may be necessary to afford
the person with a disability equal opportunity to use and enjoy the dwelling. A written
acknowledgement of the request shall be sent to the applicant by the City within ten (10) days of
receipt.
Requests for an accommodation may include a modification or exception to the rules,
standards and practices for the siting, development, code enforcement, and use of housing or
housing -related facilities that would eliminate regulatory barriers and provide a person with a
disability equal opportunity to a dwelling of his or her choice.
An individual requesting an accommodation shall direct the request to the Director of the
Community Planning and Development Department, orally, which shall be transcribed by the
City into writing if requested by the applicant, or in writing. The individual shall submit an
application for a reasonable accommodation using the appropriate City form, to be provided by
the City. The City shall assist the applicant with furnishing all information maintained by the
City with respect to an accommodation. The applicant shall provide the following:
1. Name and address of the person or entity requesting accommodation. If the
applicant is applying on behalf of a person with a disability, the name and address
of the person with a disability shall also be provided. The accommodation need
not be on behalf of a specific person with a disability, as long as the person
requesting the accommodation verifies that the housing is intended for the use of
persons with disabilities.
2. Address of the property for which the accommodation is requested.
3. Indication of whether that the applicant is (a) a person with a disability, (b)
applying on behalf of a person with a disability, (c) a developer or provider of
housing for one or more person(s) with a disability, or (d) a provider of residential
services for a person with a disability.
4. Description of the disability at issue, the requested accommodation, and the
specific regulation(s), policy, practice or procedure for which the accommodation
is sought. In the event that the specific individuals who are expected to reside at
the property are not known to a provider in advance of making the application, the
provider shall not be precluded from filing the application, but shall submit details
describing the range of disabilities that prospective residents are expected to have
to qualify for the housing.
Consent Decree — Page 24
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Description of whether the specific accommodation requested by the applicant is
necessary for the person(s) with the disability to use and enjoy the dwelling, or is
necessary to make the provision of housing for persons with disabilities
financially or practically feasible.
Any personal information regarding disability status identified by an applicant as
confidential shall be retained in a manner so as to respect the privacy rights of the applicant
and/or person with a disability and shall not be made available for public inspection unless
required by the Texas Public Information Act. Any information received regarding the disability
status identified, including but not limited to medical records, will be returned to the applicant
within ten (10) days of the decision of the City Manager's designee. The Applicant need provide
only the information necessary for the City to evaluate the reasonable accommodation request.
If the person with the disability needs assistance to make a request for accommodation,
the City will provide assistance, including transcribing a verbal request into a written request.
The applicant shall sign or indicate in writing that the transcription is accurate.
A fee shall not be required for an application for an accommodation.
V. Review of Reasonable Accommodation Request
The Director of the Department of Community Planning and Development, or the
Director of the City department or division responsible for overseeing the ordinance, rule, code,
policy or practice that is the subject of the reasonable accommodation request ("Director"), shall
issue a written decision on a request for accommodation within thirty (30) calendar days of the
date of the application, and may either grant, grant with alterations or conditions, or deny a
request for an accommodation in accordance with the required findings set forth below.
If necessary to reach a determination on the request for accommodation, the Director may
request further information from the applicant consistent with applicable laws, specifying in
detail the additional information that is required. In most cases, an individual's medical records
or detailed information about the nature of a person's disability is not necessary for this inquiry.
(See Joint Statement of The Department of Housing & Urban Development & The Department
of Justice: Reasonable Accommodations Under the Fair Housing Act #18.) Any personal
information related to the disability status identified by the applicant as confidential shall be
retained in a manner so as to protect the privacy rights of the applicant and shall not be made
available for public inspection unless required by the Texas Public Information Act. Any
information received regarding the disability status identified, including but not limited to
medical records, will be returned to the applicant within ten (10) days of the decision of the City
Manager's designee. If a request for additional information is made, the running of the thirty (30)
calendar day period to issue a decision is stayed until the applicant responds to the request.
Consent Decree — Page 25
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The written decision to grant, grant with alterations or conditions, or deny a request for
accommodation shall be based on the following factors to the extent they are consistent with
applicable laws:
1. Whether the housing that is the subject of the request for accommodation will
be used by a person with a disability protected under the applicable laws.
2. Whether the requested accommodation is necessary to make a dwelling
available to a person with disabilities protected under the applicable laws.
Whether the requested accommodation would pose an undue financial or
administrative burden on the City. The determination of undue financial and
administrative burden will be done on a case-by-case basis. A finding of
"undue financial or administrative burden" shall not be based on whether the
requested accommodation would provide a preference or permit the housing
in question to not comply with otherwise -applicable laws, ordinances, rules,
codes, policies or practices that others must obey.
4. Whether the requested accommodation would require a fundamental alteration
in the nature of a City program or law, including but not limited to zoning and
land use. A finding of "fundamental alteration" shall not be based on whether
the requested accommodation would provide a preference or permit the
housing in question to not comply with otherwise -applicable laws, ordinances,
rules, codes, policies or practices that others must obey.
In making findings, the Director may grant with alterations or conditions, reasonable
accommodations, if the Director determines that the applicant's initial request would impose an
undue financial or administrative burden on the City, or fundamentally alter a City program or
law. The alterations or conditions shall provide an equivalent level of benefit to the applicant
with respect to (a) enabling the person(s) with a disability to use and enjoy the dwelling, and (b)
making the provision of housing for person(s) with a disability financially or practically feasible.
The written decision of the Director on an application for an accommodation shall
explain in detail the basis of the decision, including the Director's findings on the criteria set
forth below. All written decisions shall give notice of the applicant's right to appeal and to
request assistance in the appeal process as set forth in this Policy. The notice of the decision
shall be sent to the applicant by certified mail and electronic mail, if the applicant's electronic
mail address is known to the City.
Nothing herein shall prohibit the applicant, or persons on whose behalf a specific
application was filed, from reapplying for an accommodation based on additional grounds or
changed circumstances.
If the Director fails to render a written decision on the request for accommodation within
thirty (30) days, the accommodation request shall be deemed granted.
Consent Decree — Page 26
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VI. Appeal
An applicant, or a person on whose behalf an application was filed, may appeal the
written decision to deny or grant an accommodation with alterations or conditions or a denial of
the accommodation no later than thirty (30) calendar days from the date the decision is mailed.
An appeal must be in writing (or reduced to writing as provided below) and include
grounds for appeal. Any personal information related to the disability status identified by the
applicant as confidential shall be retained in a manner so as to protect the privacy rights of the
applicant and shall not be made available for public inspection unless required by the Texas
Public Information Act. Any information received regarding the disability status identified,
including but not limited to medical records, will be returned to the applicant within ten (10)
days of the decision of the City Manager's designee.
If an applicant needs assistance appealing a written decision, the City will provide
assistance transcribing a verbal request into a written appeal to ensure that the appeals process is
accessible. The applicant shall sign or indicate in writing that the transcription is accurate.
An applicant shall not be required to pay a fee to appeal a written decision.
An appeal will be decided by the City Manager or his designee. In considering an appeal,
the City Manager shall consider (a) the application requesting the accommodation, (b) the
Director's decision, (c) the applicant's written statement of the grounds of the appeal, and (d) the
provisions of this Policy, in order to determine whether the Director's decision was consistent
with applicable fair housing laws and the required findings in this Policy.
If a written decision on the appeal is not rendered within thirty (30) calendar days from
the date the appeal is received, the requested accommodation shall be deemed granted.
The decision of the City Manager or his designee shall constitute the City's final
determination on the request for reasonable accommodation.
VII. Other provisions
A request for accommodation shall stay any and all proceedings, including Municipal
Court proceedings, in furtherance of the enforcement of any requirement that is the subject of the
request. An accommodation request does not affect an applicant's obligation to comply with
other applicable regulations not at issue in the requested accommodation.
The City shall retain, for the duration of the accommodation and at least five (5) years
thereafter, written records of each request and all related records, including the City's responses
and decisions.
The person or entity requesting an accommodation may file an action at any time in court
to challenge the City's denial of a reasonable accommodation under the Fair Housing Act, the
Consent Decree — Page 27
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Americans with Disabilities Act and/or any other applicable federal, state or local law. Such
persons or entities shall not, solely by virtue of having requested an accommodation under this
Policy, be barred, estopped or otherwise limited in bringing an action in court against the City to
challenge the denial of a reasonable accommodation.
Consent Decree — Page 28