Establishing Reasonable Accommodation Policies & Procedures in Zoning & Land use Decisions

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Policies. 1. Reasonable Accommodation Policv. The City is committed to providing, in accordance with the law, reasonable accommodations to persons with disabilities in order to give those individuals an equal opportunity to live in the dwellings of their choice. The policy of the City is to fulfill this commitment to provide persons with disabilities an equal opportunity to use and enjoy housing in the City. This policy establishes a procedure for making requests for reasonable accommodation in zoning; land use and building regulations, rules, policies, practices and procedures of the City of South Bend, Indiana to comply fully with all applicable federal and state laws. 2. Authority and DpU to Provide Reasonable Accommodations. The following federal laws authorize and require the City to provide reasonable accommodations: a. The PHA makes it unlawful for the City to make unavailable or to deny a dwelling to any person because of that person's disability, pursuant to 42 United States Code § 3604 (f). A reasonable accommodation should be considered when the accommodation is necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling pursuant to this same section of the United States Code, and when the person requesting the reasonable accommodation complies with the procedures set forth in this policy. b. The ADA makes it unlawful for the City to discriminate against persons with disabilities or to deny persons the benefits of services, programs, or activities because of the person's disabilities, pursuant to 42 United States Code § 12132. A reasonable accommodation should be considered when the accommodation is reasonable and necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling pursuant to this same section of the United States Code, and when the person requesting the reasonable accommodation complies with the procedures set forth in this policy. 3. General Principles for Providing Reasonable Accommodations. a. The City shall grant a.request for a reasonable accommodation whenever the accommodation is necessary and reasonable, with further procedures set forth below. b. Requests for reasonable accommodations shall be evaluated on a fact - specific, case -by -case basis. c. Requests for reasonable accommodations shall be an interactive process between the City and the person requesting the accommodation. d. Requests for reasonable accommodations will be decided by the Zoning Administrator. Procedures.