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

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RESOLUTION NO. li I � e — i A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING REASONABLE ACCOMMODATION POLICIES AND PROCEDURES IN ZONING AND LAND USE DECISIONS WITHIN THE CITY OF SOUTH BEND, INDIANA 0A , the City of South Bend, Indiana (the "City ") acknowledges that it is subject to the provisions of the Fair Housing Act, as amended, 42 United Stated Code §§ 3601, et seq. (the "FHA ") and the Americans With Disabilities Act (the "ADA "), set forth at 42 United Stated Code § § 12102, et seq.; and the FHA provides that the City may not: (1) refuse to make a reasonable accommodation in the application of any of its ordinances in violation of Section 804(f)(3)(B) of the FHA, 42 United Stated Code §§ 3604(f)(3)(B); (2) make housing unavailable because of a disability in violation of Section 804(f)(1)(A) ofthe FHA, 42 United Stated Code §§ 3604(f)(1)(A); (3) discriminate in the terms, conditions, or privileges of housing because of a disability of a person intending to reside in that dwelling after it is rented in violation of Section 804(f)(2)(B) of the FHA, 42 United Stated Code §§ 3604(f)(2)(B); or deny a group of qualified persons those rights granted by the FHA: and G}i", the City of South Bend, Indiana originally passed a Human Rights Ordinance in 1973 when Ordinance No. 5619 -73 was passed by the South Bend Common Council, which has been periodically updated and is currently codified as Chapter 2, Article 9 Section 2 -126 et seq. in the South Bend Municipal Code to include references to the FHA as amended, and has been certified to be substantially equivalent to the federal FHA; and Q)CywQ the City of South Bend, Indiana, desires to confirm and affirm as a matter of public policy that the South Bend Human Rights ordinance referenced above applies to the City of South Bend in the administration of its zoning, land use and building ordinances and their policies, practices, requirements and processes with the City desiring to formalize a process addressing reasonable accommodation requests which would be consistent with the requirements of the FHA and ADA; and for the past several months, the City of South Bend, Indiana, has had the opportunity to meet and discuss reasonable accommodations policies and procedures applicable to zoning and land use decisions with the input and affirmation of DOJ and HUD representatives, as well as with input from individuals locally authorized to implement zoning, land use and building regulations; and Qfil wj, the following policies and procedures are believed to be in the best interests of the City of South Bend, Indiana. q�� ioio, Qv /G refo%t(, ale �'vmmasi uiNL9�dF° "'� g/�i.. Fend, AArna, as follows: Section I. It is the policy of the City of South Bend, Indiana, that the South Bend Human Rights Ordinance provisions which are codified in the South Bend Municipal Code at Chapter 2, Article 9, Section 2 -126 through Section 2 -132.1 applies fully to the administration and implementation of its zoning, land