HomeMy WebLinkAboutEstablishing Reasonable Accommodation Policies & Procedures in Zoning & Land use DecisionsAttest:
RESOLUTION
4418 -15
Passed by the Common Council of the City of South Bend, Indiana
January 26, W
20 .
Presented by me to the Mayor of the City of South Bend, Indiana
January 2Y, 2014
City Clerk
President of Common Council
Approved and signed by me T?� �9�� 20A .
City Clerk
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
Reasonable Accommodation Resolution
Page 2
use, and building ordinances, policies, practices, requirements or processes relating to the use, construction,
or occupancy of dwellings.
Section II. The Common Council of the City of South Bend, Indiana, hereby adopts the
"Reasonable Accommodations Policies and Procedures in Zoning and Land Use Decisions ", which is
attached hereto and included herein by reference.
Section III. Copies of the "Reasonable Accommodations Policies and Procedures in Zoning and
Land Use Decisions ", as well as application forms requesting reasonable accommodation consideration
shall be available and displayed prominently in the offices of the Building Department, in the offices of the
South Bend Human Rights Commission, and in the Offices of the City Clerk, and shall further be
prominently displayed and accessible on the City of South Bend, Indiana website at www.soutbendin.gov
Section IV. The City of South Bend, Indiana shall not impose any fees in connection with the
opportunity for an individual to file a request for reasonable accommodation under these policies and
procedures.
Section V. This Resolution shall be in full
Common Council and approval by the Mayor.
John Voorde, City Clerk
PRESENTED
NQT APPROVER
ADOPTEd3
f ce an e m and after its adoption by the
Tim Scott, I` District Council Member
South Be d Common Council
,C X,z�
Ka en L. White, Council Member at Large
South Bend Common Council
Pete Bu ' g, or
City of Sou end, Indiana
Filed in C,,.+,:. Office
ENtIA21 ?Qla
J08i 1f €3fi ? li
CITY CLERX, SL' k;Tt., ;3rND, IN
�—
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
15 -05 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
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with no recommendation due to
a lack of a quorum.
This bill was heard by the Zoning & Annexation Committee.
4
Karen L. White
Chairperson, Committee of the Whole
Z' SOUTH tr'.':..
J ?y
Common Council
City of South Bend Indiana
4" Floor County-City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
(574) 235 -9321 (574) 235 -9173 Facsimile (574)235 -5567 TTY/TDD
January 20, 2015
Members of the Common Council
4th Floor County -City Building, Room 455
South Bend, Indiana 46601
Re: Reasonable Accommodations Policies and Procedures in Zoning and Land Use Decisions
Dear Council Members:
We are pleased to introduce the attached Resolution which sets forth Reasonable Accommodations
Policies and Procedures in Zoning and Land Use Decisions for the City of South Bend, Indiana.
For the past several months, individuals and legal counsel from the Building Department, Law
Department, Area Board of Zoning Appeals, Area Plan Commission and the Common Council
have been meeting; and have been providing regular updates to representatives of the U.S.
Department of Justice (DOJ) and the U.S. Department of Housing and Urban Development
(HUD).
Throughout this process, much research has been conducted to elicit the best practices in the area
of reasonable accommodation in relation to zoning and land use decisions. In addition to the
relevant provisions of the federal Americans With Disabilities Act and the Fair Housing Act,
policies, forms and procedures from several communities were reviewed, discussed and debated.
The attached proposed policies and procedures contain a detailed Table of Contents which
provides references to definitions, policies, practices, as well as several attachments which include
such items as an application form and standardized letters. This entire document has been
reviewed by attorneys representing the U.S. Department of Justice, the U.S. Department of
Housing and Urban Development, the Area Board of Zoning Appeals, the Area Plan Commission,
the Building Department, the Law Department and the Common Council.
Reasonable Accommodation Cover Letter
Page 2
The attached resolution setting forth "Reasonable Accommodations Policies and Procedures in
Zoning and Land Use Decisions" is recommended to be formally adopted by the
Common Council. The background work and multiple meetings held with the various officials
and attorneys representing the county and city agencies is commendable. As a result, the City and
County representatives have amicably addressed all of the items discussed with the DOJ and HUD.
We ask that the Resolution be referred to the Zoning and Annexation Committee for review and
recommendation. We further request that it be scheduled for public hearing on Monday, January
26, 2015. Thank you.
ost sincere ,
Counci em er Tim Scott
I" District Council Member
Council Member Karen L. White
Council Member at Large
Attachment
Filed ir Iffice
U
Zu1b
i6m
CITY CLERK, b ra; "; n BEND, IN
City of South Bend, Indiana
Reasonable Accommodations
Policies and Procedures
In
Zoning and Land Use Decisions
2015
City of South Bend, Indiana
Reasonable Accommodations Policies and
Procedures in Zoning and Land Use Decisions
Table of Contents
Introduction.............................................................................. ............................... 3
Def initions................................................................................. ..............................3
Policies........................... :....................... ............................... . .. ..............................5
1. Reasonable Accommodation Policy ...................................... ..............................5
2. Authority to Provide Reasonable Accommodations ................... ..............................5
3. General Principles for Providing Reasonable Accommodations ..... ..............................5
Procedures................................................................................. ..............................6
I. Reviewing Authority and Summary of Process ......................... ..............................6
2. Evaluating a Request for Reasonable Accommodation ................ ..............................7
3. Making the Process Accessibl e ............................................ ..............................7
4. Obtaining More Information From a Person Requesting a Reasonable Accommodation ........ 8
5. Guidelines for Determining " Necessity ................................... ..............................8
6. Guidelines for Determining " Reasonableness" .......................... ..............................8
Attachments............................................................................... .............................10
Attachment # 1 —Application Form ......................................... ..............................1 I
Verification of Disability Status Form ................. .............................16
Attachment # 2 — Letter to Request Additional Information from the Applicant ...................17
Attachment # 3 — Letter to Schedule an Inspection of the Dwelling .... .............................18
Attachment # 4 — Letter to Grant a Request for a Reasonable Accommodation ....................19
Attachment # 5 — Letter to Deny a Request for Reasonable Accommodation ......................20
Appendix:
South Bend Common Council Resolution Establishing Reasonable Accommodation
Policies and Procedures in Zoning and Land Use Decisions Within the City of South Bend
Joint Statement of the Department of Housing and Urban Development and the Department of
Justice — Reasonable Accommodations Under the Fair Housing Act.
Joint Statement of the Department of Justice and the Department of Housing and Urban
Development — Group Homes, Local Land Use, and the Fair Housing Act.
City of South Bend, Indiana
Reasonable Accommodations Policies and
Procedures in Zoning and Land Use Decisions
Introduction.
The City of South Bend, Indiana, acknowledges that it has an affirmative duty to. make reasonable
accommodations in its land use and zoning regulations and practices so that persons with disabilities have
an equal opportunity to live in dwellings of their choice. The failure to offer reasonable accommodations
may be a violation of the federal American with Disabilities Act, 42 United States Code § § 12102 et seq.,
and the federal Fair Housing Act, 42 United States Code §§ 3601, et seq.
The following policies and procedures explain the process and the standards used by the City of South
Bend, Indiana, in order to provide reasonable accommodations to individuals with disabilities. These
policies and procedures are intended as guidelines to assist the City officials when providing reasonable
accommodations; as well as providing information to persons who request reasonable accommodations
and to all members of the public. These policies and procedures may be revised, supplemented and
updated consistent with all applicable federal laws.
There shall be no application fee required to request a reasonable accommodation under the City's
Reasonable Accommodations Policies and Procedures. Any information related to a disability status and
identified by a person requesting a reasonable accommodation as confidential shall be retained in a manner
so as to respect the privacy rights of such individual making the request.
The City of South Bend, Indiana, shall post on the City's website at www.southbendin.gov its Reasonable
Accommodations Policies and Procedures in Zoning and Land Use Decisions and make these policies
and procedures available to the public at the Office ofthe City Clerk, the Building Department, the offices
of the Area Plan Commission, and the Human Rights Commission.
Definitions.
For purposes of these Reasonable Accommodations Policies and Procedures:
1. "ADA" means Title II of the federal Americans with Disabilities Act, 42 United States Code § 1201
et seq.
2. "Area Board of Zoning Appeals (ABZA)" means the board identified in the City's zoning
ordinance, South Bend Municipal Code § 21 -11.02
3. "Building Department' means the executive department established to perform administrative
functions as set forth in South Bend Municipal Code § 2 -13..
4. "City" means the City of South Bend, Indiana.
5. "Dwelling" means any building, or portion of a building which is designed or used primarily for
residential purposes as further addressed in South Bend Municipal Code § 21- 17.02.
6. "FHA" means the federal Fair Housing Act, 42 United States Code § 3601 et seq.
7. "Major life activity" means any task central to a person's daily life, including but not limited to caring
for oneself, performing manual tasks, walling, seeing, hearing, speaking, breathing, learning or
working, as this phrase may be interpreted by applicable federal judicial decisions and federal
regulations.
8. "Person with a disability" means any person who:
a. Hasa physical or mental impairment that substantially limits one (1) or more major life activities;
or
b. Has a record of having such impairment; or
c. Is regarded by others as having such impairment.
9. "Physical or mental impairment" includes but is not limited to orthopedic, visual, speech and
hearing impairruents; cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart
disease, diabetes, emotional illness, learning disabilities, HIV disease, tuberculosis, drug addiction
(except illegal drugs) and alcoholism; and shall include changes hereafter as may be required by
federal law. Short term, temporary health conditions shall not be included.
10. "Reasonable accommodation" means a modification or a waiver of zoning requirements, rules,
policies or practices if the modification or waiver is reasonable and necessary to give a person with
disabilities an equal opportunity to use and enjoy a dwelling.
11. In the definition of "reasonable accommodation ":
a. "Necessary" means that without the accommodation, the person requesting the accommodation
would not be able to live in the dwelling of his or her choice.
b. "Reasonable" means that the accommodation will not create an undue financial or administrative
burden for the City and will not fundamentally alter the land use and zoning plan of the City.
12. "Zoning Administrator" means the individual designated as having the responsibility for the
interpretation and administration of the City's zoning ordinance as further addressed in South Bend
Municipal Code § 21- 11.02.
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.
1. Reviewing Authority and Summary of Process.
a. Requests for reasonable accommodation shall be received and reviewed by the Zoning
Administrator.
b. The Zoning Administrator shall have the following additional authority:
i. To conduct an ongoing review of the application of Building Department rules, policies,
practices or procedures and their compliance with federal laws referenced herein;
ii. To consult on a regular basis with the Area Plan Commission Executive Director: the results of
such ongoing reviews so that zoning and land use best practices are utilized and are consistent
with federal laws referenced herein;
ill. To provide advisory recommendations to the Common Council's Zoning and Annexation
Committee.
c. The Zoning Administrator shall issue a written decision on a request for reasonable
accommodation within thirty (30) days of the date of the application and may either grant, grant
with modifications, or deny a request for reasonable accommodation in accordance with the City's
Reasonable Accommodation Policies and Procedures in Zoning and Land Use Decisions.
d. In the event that the Zoning Administrator finds it necessary to request additional information from
the applicant, the thirty (30) day period to issue a decision is stayed for a period of up to fifteen
(15) days after the applicant fully responds to the request, or thirty (30) days from receipt of the
application, whichever is later.
e. In granting a request for reasonable accommodation, the Zoning Administrator may impose
conditions of approval which are deemed necessary and reasonable to ensure that the reasonable
accommodation(s) would comply with the findings. For example, conditions may be imposed to
ensure that any removable structures or physical design features that are constructed or installed
in association with the reasonable accommodation be removed once those structures or physical
design features are not necessary to provide access to the dwelling unit.
f. While a request for tt reasonable accommodation is pending, all laws and regulations otherwise
applicable to the property that is the subject of the request shall remain in full force and effect.
g. Within fifteen (15) days of the date of the Zoning Administrator's written decision, an individual
may appeal an adverse decision. Appeals from the adverse decision shall be made in writing and
submitted to the Area Board of Zoning Appeals for de nove review in the same manner as for other
appeals.'
l Indiana Code § 36.7 -4 -918.1 gives the area board of zoning appeals the authority to `.,.hear and determine appeals from and review any
order, requirement, . decision, or determination made by an administrative official, hearing officer, or staff under the zoning
ordinance..."
i. All appeals must contain a statement of the grounds of the appeal. Any information related to
a disability status and identified by the applicant as confidential shall be retained in a manner
so as to respect the privacy of the rights of the applicant.
ii. No fees shall be charged by the Area Board of Zoning Appeals for review of reasonable
accommodation decisions,
iii. The Area Board of Zoning Appeals shall hold a public hearing on the appeal within forty -five
(45) days of receipt of an appeal or at the next regular ABZA meeting whichever occurs first.
Their decision shall be final with their written decision being mailed to the appealing party
within five (5) days of the appeal hearing. Written decisions of the Area Board of Zoning
Appeals shall include the factual basis for their decision by addressing the issues identified in
Section 2 below entitled "Evaluating a Request for a Reasonable Accommodation ".
iv. The above appeal process is not an exclusive remedy, and nothing in the appeal procedure shall
preclude an aggrieved individual from seeking any other remedies in a court of competent
jurisdiction or federal remedies as provided by law and which are further addressed in
Attachment It S.
2. Evaluating a Request for a Reasonable Accommodation.
a. In making determinations of reasonable accommodation, the Zoning Administrator and the Area
Board of Zoning Appeals shall consider and make findings as to the evidence provided by the
person requesting a reasonable accommodation of each of the following items:
i. Whether the person or persons who are requesting to live in the dwelling are persons with
disabilities;
ii. Whether the accommodation is necessary, as further addressed in 15 below; and
iii. Whether the accommodation is reasonable, as further addressed in ¶ 6 below.
b. In order to review a request for a reasonable accommodation, Attachment # 1 must be completed
and filed by the person requesting an accommodation.
c. In order to deny a request for a reasonable accommodation, the Zoning Administrator is required
to complete and send Attachment # 5 to the person requesting a reasonable accommodation
3. Making the Process Accessible.
a. To make sure that the process for requesting a reasonable accommodation is accessible, the
Building Department shall help any person who needs assistance during the process of requesting
an accommodation. For example, if a person wishing to file a request is unable to read or complete
the application form (Attachment # 1), the Building Department shall help the person to provide
the required information on the form so that the application may be filed.
b. Pursuant to Title 28, § 35.160 of the Code of Federal Regulations, the City is required to "furnish
appropriate auxiliary aids and services where necessary to afford an individual with .a. disability an
equal opportunity" to make a request for a reasonable accommodation. For example, a person
wishing to file a request may request that written documents be provided in alternative formats
such as large print or by alternate means such as verbal communication, or in other languages.
4. ObtainineMore Information From A Person Reouestine a Reasonable Accommodation.
a. If the Zoning Administrator needs more information to evaluate a request for a reasonable
accommodation, he or she may require the applicant to supply additional information.
b. To obtain additional information, the Zoning Administrator may:
i. Request the person(s) who are requesting to live in the dwelling are persons with disabilities
for additional information by asking such applicant(s) to complete Attachment # 2;
ii. Meet with the applicant in person or by telephone or an equally effective means of
communication; or
iii. Inspect the dwelling that is subject to the request to ensure that granting the request will not
violate the minimum space and maximum occupancy requirements which are applied to
similarly sized single - family dwellings, using Attachment # 3 to arrange such inspection.
c. The Zoning Administrator may verify the applicant's disability status using the application form
(Attachment # 1), however may not request the Applicant's medical records of any specific
information about the nature or severity of the applicant's medical condition.
5. Guidelines for Determining "Necessity.
a. The accommodation is necessary if, without the accommodation, the person with a disability
would not have an "equal opportunity" to live in the dwelling of his or her choice.
b. A person would not have an "equal opportunity" to live in a dwelling if, without the reasonable
accommodation:
i. The person seeking the reasonable accommodation would be excluded from that dwelling.
6. Guidelines for Determining "Reasonableness ".
a. An accommodation is "reasonable" if it:
i. Does not create an undue financial or administrative burden for the City; and
ii. Will not fundamentally alter the City's approved Comprehensive Plan also commonly referred
to as City Plane, and any approved neighborhood plan, all of which are on file in the Office of
the City Clerk
b. An undue financial or administrative burden analysis consists of
i. Determining whether the request for a reasonable accommodation will cause significant and
identifiable financial costs to the City.
ii. A waiver or modification of zoning requirements generally is not an undue burden if it does
not impose any concrete, identifiable financial cost(s) to the City. An example of a waiver
would be where a person requests a reasonable accommodation to allow an exception to a
setback requirement so that a wheelchair ramp may be constructed to gain access to his or her
dwelling.
c. A fundamental alteration analysis3 consists of-
i. Based on analysis, a requested accommodation may be unreasonable if it would substantially
change the nature of the zoning plan.
ii. The analysis is based on a fact - specific, case -by -case analysis and determination.
iii. The analysis takes into consideration the guidance from the U.S. Department of Justice and the
U.S. Department of Health and Human Services that "what is reasonable in one circumstance
may not be reasonable in another ".'
2 The South Bend Common Council adopted Resolution No. 3657 -06 on November 13, 2006, which approved the
Comprehensive Plan.
3 28 Code of Federal Regulations § 35.130(b)(7) requires a public entity to make reasonable modifications in policies, practices
or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity
can demonstrate that make the modifications would fundamentally alter the nature of the service, program, or activity. Wong
v. Regents of the Univ. of Cal., 192 F. 3d 807 (1999) notes that the "issue of reasonableness depends on the individual
circumstances of each case, (with) this determination requiring a fact - specific, individualized analysis of the disabled
individual's circumstances..."
See: "Joint Statement of the U.S. Department of Justice and the U.S. Department of Housing and Urban Development,
Group Homes, Local Land Use, and the Fair Housing Act", set forth in the Appendix.
littt)://www.usdi.voy/crt/housingLIWI8 l.htm.
Attachments.
The City has developed a series of forms which are set forth as Attachments. These forms are to be
regularly reviewed and updated by the City as the law requires. Forms are to ensure consistency of
implementation and enforcement of the policies and procedures addressed herein.
W
A %ui�isa o
City of South Bend, Indiana
Reasonable Accommodations Attachment # 1
APPLICATION FORM TO REQUEST A REASONABLE ACCOMMODATION
A reasonable accommodation is any modification of a zoning rule, policy, practice or procedure if the
modification is reasonable and necessary in order to give a person with disabilities an equal opportunity
to use and enjoy a dwelling in the City of South Bend, Indiana.*
If you believe that you need a reasonable accommodation to live in a dwelling, or so that persons with
disabilities may live in a dwelling that you own or operate, please complete this application form and
return it to:
Zoning Administrator
Building Department
125 South Lafayette Boulevard, Suite 100
South Bend, Indiana 46601
Please attach additional pages if necessary. If you have questions or need assistance, please call the
Building Department at (574) 235 -9554 or fax the Building Department at (574) 235 -5541.
Name and Contact Information of Applicant:
Name:
Street Address:
City, IN Zip Code:
Telephone: Landline: - Cell:
Are the persons who currently live at the dwelling persons with disabilities? Yes No
Are the persons who plan to live at the dwelling persons with disabilities? _ Yes No
If you answered yes, you must submit the verification of disability status form below.
*A person with a disability is anyone who has a physical or mental impairment that substantially limits
one (1) or more major life activities; or has a record of having such impairment; or is regarded by others
as having such impairment.
11
s;
r
City of South Bend, Indiana
Reasonable Accommodations Attachment # 1— page 2 of 5
APPLICATION FORM TO REQUEST A REASONABLE ACCOMMODATION
1. Name and Contact Information of Owner of Property:
Name:
Street Address:
City, IN Zip Code:
Telephone: Landline: Cell:
2. Tax Identification Number:
3. Is there a contingent purchaser? yes no. If answered yes, complete the following:
Name of contingent purchaser:
Street Address
City, IN Zip Code:
Telephone: Landline: Cell:
4. If the person requesting a reasonable accommodation is making such request on behalf of an entity
other than a natural person, the following information is required:
Name of entity registered with the Indiana Secretary of State:
Agent of record with Indiana Secretary of State:
Address:
Telephone: Landline: Cell:
Employer Identification Number:
South Bend City License/Permit Number:
12
Reasonable Accommodations Attachment # 1— page 3 of 5
5. Current use and zoning classification of the property:
6. Describe the accommodation which you are requesting. What zoning rule, policy, practice or
procedure would you like the City to waive for the property?
7. Why do you need the accommodation? In other words, why is the accommodation necessary in
order for the person(s) with qualified disabilities to live at the property?
8. Is the dwelling licensed by the State of Indiana? If yes, please identify the type of license and attach
a copy of it.
9. If you are requesting an accommodation in order to house more than two (2) unrelated persons in a
zoned single family dwelling, answer the following:
Number of residents who will live in the dwelling:
Number of required staff who will live in the dwelling:
Square footage of the dwelling:
Number of bedrooms in the dwelling:
For each bedroom, its square footage, number and size of each window:
Bedroom #1:
Bedroom #2:
Bedroom #3:
—� Please attach the same information for any additional bedrooms.
13
Reasonable Accommodations Attachment # 1— page 4 of 5
Complete the following for each bathroom/restroom:
# 1: Square footage:
1St Floor 2 "a Floor
Shower: _ yes no_ Handheld Attachment locations
Bathtub: _ yes no Handheld Attachment locations
Call cord: _ yes no
Description of other specialized safety features:
# 2: Square footage:
Shower: _ yes no
Bathtub: _ yes no
Call cord: _yes no_
1St Floor 2nd Floor
Handheld Attachment locations
Handheld Attachment locations
Description of other specialized safety features:
# 3: Square footage: 1St Floor 2 "a Floor
Shower: _ yes no Handheld Attachment locations
Bathtub: _ yes no Handheld Attachment locations
Call cord: _yes no
Description of other specialized safety features:
14
Reasonable Accommodations Attachment # I — page 5 of '5
I affirm under penalty of perjury that the information provided in this application is true
and accurate. I understand that providing false or misleading information will result in a denial of
my application.
To the extent this Application contains any information protected by the Health Insurance Portability and
Accountability Act of 1996 (HIPPA), I do not waive my rights under HIPAA.
Printed name:
Signature:
Date:
15
`';,Y
City of South Bend, Indiana
Reasonable Accommodations
VERIFICATION OF DISABILTIY STATUS
Definitions:
Federal law provides in part that "persons with disabilities" are persons who: (1) have any "physical or
mental impairment" that substantially limits one (1) or more "major life activities'; or (2) has a record of
having such impairment; or (3) is regarded by others as having such impairment.
A "major life activity" is any task central to most people's daily lives, such as caring for oneself,
performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
A "physical or mental impairment" includes, but is not limited to orthopedic, visual, speech and hearing
impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease,
diabetes, mental retardation, emotional illness, learning disabilities, HIV disease (whether symptomatic
or asymptomatic), tuberculosis, drug addiction (except illegal drugs) and alcoholism. Short term,
temporary health conditions shall not be included.
Verification:
To the best of my knowledge, information and belief, the person(s) who occupy (or who will occupy) the
dwelling that is subject to the above request for a reasonable accommodation _ do do not meet the
definition of "persons with disabilities ". I am in a position to know about the person(s)' disabilities
because
(For example, are you a medical or social services professional, part of a peer support group that serves
the person(s), or someone who resides with the person ?)
[NOTE: Do NOT reveal the nature or severity of the persons' disabilities.]
I affirm under penalty of perjury that the information provided in this Verification of Disability Status is
true and accurate.
Printed name:
Signature:
Address:
Telephone #
16
Attachment # 2
Letter to Request Additional Information from the Applicant
[Letterhead]
[Date]
[Name]
[Street Address]
South Bend, Indiana [Zip Code]
Re: [Address of Dwelling]
Dear [ 1:
This office has received your request for a reasonable accommodation, which was dated
. We need the following additional information from you in order to evaluate your request:
[List information that is needed]
We need this information so that we can determine [state reason information is needed]. Please
send the information to this office by [mail, fax, and e- mail].
If you believe that you already have provided the information or that we should not ask for it,
please contact us at (574) 235 -9554 or fax us at (574) 235 -5541.
Please provide the requested information on or before [date]. Within fifteen (15)
days of receipt of the requested information, or within thirty (30) days from the date of your original
application whichever is later, we will notify you of our decision with regard to your request for an
accommodation. Please note that failure to provide the requested information in a timely manner could
result in a denial of your request. Thank you.
[Closing]
[Signature]
[Printed Name}
Zoning Administrator
cc: Building Department attorney
17
Attachment # 3
Letter to Schedule an Inspection of the Dwelling Regarding Space and Occupancy Requirements
[Letterhead]
[Date]
[Name]
[Street Address]
South Bend, Indiana [Zip Code]
Re: [Address of Dwelling]
Dear [ l:
This office has received your request for a reasonable accommodation, which was dated
We need to inspect the dwelling that is the subject of your request. An inspection is necessary so
that we can determine whether the dwelling is in compliance with the minimum space and maximum
occupancy requirements if the requested accommodation is granted. The inspection will involve a
verification of square footage, light, ventilation and related public safety requirements.
We would like to inspect the dwelling on [date and time]. If the inspection cannot take place at
that time, please contact us as soon as possible at (574) 235 -9554 to reschedule.
Please note that it is your responsibility to make sure that the inspector from the Building
Department has access to the dwelling at the scheduled time. Your failure to make the dwelling available
for inspection could result in a denial of your request. Within the later of fifteen (15) days of the
inspection, or thirty (30) days from the date of your application, we will notify you of our decision with
regard to your request for an accommodation.
[Closing]
[Signature]
[Printed name]
Zoning Administrator
cc: Building Department attorney
18
Attachment # 4
Letter to Grant a Request for Reasonable Accommodation
[Letterhead]
[Date]
[Name]
[Street Address]
South Bend, Indiana [Zip Code]
Re: [Address of Dwelling]
Dear f 1:
You submitted a request for an accommodation to this office on [date]
A copy of your request is attached for your reference.
This office has approved your request for an accommodation as follows:
[Describe the accommodation]
If you have any questions, please contact us at (574) 235 -9554. Thank you.
[Closing]
[Signature]
[Printed name]
Zoning Administrator
cc: Building Department attorney
Area Plan Commission Executive Director
Area Board of Zoning Appeals Chairperson
Zoning and Annexation Committee Chairperson
19
Attachment # 5
Letter to Deny a Request for a Reasonable Accommodation
[Letterhead]
[Date]
[Name]
[Street Address]
South Bend, Indiana [Zip Code]
Re: [Address of Dwelling]
Dear
You submitted a request for an accommodation to this office on [date]. A copy of your request is
attached. This office denies your request because we find that [choose all that apply]:
The people who will live at the dwelling are not persons with disabilities because:
_ The accommodation that you requested is not necessary in order for a person with disabilities to
have an equal opportunity to live in a dwelling of his or her choice because:
_ The accommodation is not reasonable because it would create an undue administrative or financial
burden for the City as follows:
_ The accommodation is not reasonable because it would fundamentally alter the comprehensive
plan or master zoning plan of the City as follows:
This decision was made because [give reasons/explanation]. We relied on the following
information to reach our decision: [list relevant information]. If we have denied your application based
on noncompliance with provisions of the South Bend Municipal Code [such as occupancy, ventilation or
parking rules] and you may wish to file a request to waive those provisions.
You have the right to appeal this denial, within fifteen (15) days of the date this decision. Appeals
from the adverse decision shall be made in writing to this Office and will be submitted to the Area Board
of Zoning Appeals. All appeals must contain a statement of the grounds of the appeal.
20
Attachment # 5
Letter to Deny a Request for a Reasonable Accommodation - page 2
The Area Board of Zoning Appeals shall hold a public hearing on the appeal within thirty (30)
days of receipt of an appeal. Their decision shall be final with their written decision being mailed to the
appealing party within five (5) days of the appeal hearing.
Alternatively, and instead of a public hearing before the Area Board of Zoning Appeals, you also
have the right to appeal to the United States Department of Housing and Urban Development or to a court
of competent jurisdiction. If you choose this alternative method of appeal, you should notify the Area
Board of Zoning Appeals of your choice of appeal within fifteen (15) days of your receipt of the Zoning
Director's decision. You must file any lawsuit or appeal to the federal Department of Housing and Urban
Development (HUD) within the time required by federal law.
(OPTIONAL PARAGRAPH WHERE ALTERNATIVE REASONABLE ACCOMMODATION
EXISTS)
Although the specific accommodation you requested has been determined to be "not reasonable,"
we believe that other accommodations would be reasonable under the facts and circumstances of your
application. The alternative accommodation(s) we propose is /are as follows:
If an alternative accommodation described above is acceptable to you, then please request a form
for an "Amended Request for a Reasonable Accommodation." If the only change in your application is
the nature of the accommodation, then you will need only to:
1) fill out the identifying questions (1 through 4);
2) re- submit your amended answer to question 6, page 3 of the original application (Question 6 at page
3 is as follows: " Describe the accommodation which you are requesting. What zoning rule, policy,
practice or procedure would you like the City to waive for the property? "); and
3) sign, date and return the Amended form to this office within Ten (10) days of this letter /decision.
We will then reconsider your application in light of this request, and the appeal deadline
described earlier in this letter will be extended while we consider your Amended Application.
Another copy of the Application form (titled "Amended ") is enclosed if you wish to do this.
21
If you have any questions about anything in this letter, please call (574) 235 -9554. Thank you.
[Closing]
[Signature]
[Printed name]
Zoning Administrator
cc: Building Department attorney
Area Plan Commission Executive Director
Area Board of Zoning Appeals Chairperson
Zoning and Annexation Committee Chairperson
Filed ir Office
22 Joh
CITY CLERK, r; _� ';N'D, IN