HomeMy WebLinkAboutREASONABLE ACCOMMODATION - Guidelines and Forms Update 8-20181
City of South Bend, Indiana
_____________________________
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Reasonable Accommodations
Policies and Procedures
In
Zoning and Land Use Decisions
__________________________________________
_____________________________
2014 (As Updated February 2018)
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City of South Bend, Indiana
Reasonable Accommodations Policies and
Procedures in Zoning and Land Use Decisions
Table of Contents
Introduction…………………………………………………………………………………………….…3
Definitions……………………………………………………………………………………………..….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
1. Reviewing Authority and Summary of Process……………………………………………....6
2. Evaluating a Request for Reasonable Accommodation……………………………………....8
3. Making the Process Accessible…………………………………………………………...…..8
4. Obtaining More Information From a Person Requesting a Reasonable Accommodation....…8
5. Guidelines for Determining “Necessity………………………..…………………...…...……9
6. Guidelines for Determining “Reasonableness”………………………………………...….….9
Attachments……………………………………………………………………………………...………10
Attachment # 1 – Application Form……………………………………………………………..11
Verification of Disability 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 #4418-15 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.
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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 of the 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.
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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 § 21-11.02.
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, walking, 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. Has a physical or mental impairment that substantially limits one (1) or more major life
activities; or
b. Has a record of having such impairment.
9. “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, 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.
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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 Policy.
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 Duty to Provide Reasonable Accommodations.
The following federal laws authorize and require the City to provide reasonable accommodations:
a. The FHA 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.
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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 Area Plan 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;
iii. 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.
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f. While a request for a 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 novo review in the same
manner as for other appeals.1
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 # 5.
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;
1 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 member under the zoning
ordinance…”
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ii. Whether the accommodation is necessary, as further addressed in ¶ 5 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
office of the Zoning Administrator 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), that office of the Zoning
Administrator 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. Obtaining More Information from a Person Requesting 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.
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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 a
neighborhood.
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 Plan2, 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:
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 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…”
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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”.4
4 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.
http://www.usdj.gov/crt/housing/final8_1.htm.
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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.
Note: These Policies and Procedures were updated in February 2018 to reflect the change in the
City’s Departmental structure effective January 2018, in which certain Building
Department/Director responsibilities for the City were transferred to the St. Joseph County Area
Plan Commission/Director. An additional question was also added to the application form.
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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
c/o Area Plan Commission
227 W. Jefferson Boulevard, Suite 1140
South Bend, Indiana 46601
Please attached additional pages if necessary. If you have questions or need assistance, please call the
Area Plan Commission (574) 235-9571 or fax the Area Plan Commission at (574) 235-9813.
Name and Contact Information of Applicant:
Name: ___________________________________________
Relationship to Property: Owner_____ Contract Purchaser_____ Tenant_____ Mortgagee_____
Other (Describe)___________________________________________
Street Address: ____________________________________________________
City, IN Zip Code: ____________________________________________________
Telephone: Landline: _____________ Cell: _____________________
Email address: ____________________________________________
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.
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City of South Bend, Indiana
Reasonable Accommodations Attachment # 1 – page 2 of 5
APPLICATION FORM TO REQUEST A REASONABLE ACCOMMODATION
Information About Property Subject to Reasonable Accommodation:
1. Street Address: _______________________________________________________
City, IN Zip Code: _______________________________________________________
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: ____________________
Email address: __________________________________________________
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: _________________________________________
Street Address: ___________________________________________________________________
City, IN Zip Code: ___________________________________________________________
Telephone: Landline: __________ ____ Cell: ___________________________
Employer Identification Number: _____________________________________________________
South Bend City License/Permit Number: _______________________________________________
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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 all resident person(s) with qualified disabilities (excluding staff) 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, the floor where it is located, square footage, number and size of each window:
Bedroom # 1: ___________________________________________________________
Bedroom # 2: ___________________________________________________________
Bedroom # 3: ___________________________________________________________
Bedroom # 4: ___________________________________________________________
Bedroom # 5: ___________________________________________________________
→ Please attach the same information for any additional bedrooms.
10. How many persons who are expected to reside in the property possess or are likely to possess an
automotive vehicle to be parked on or near the dwelling? ________________________________
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Reasonable Accommodations Attachment # 1 – page 4 of 5
Complete the following for each bathroom/restroom:
# 1: Square footage: _____________________ 1st Floor_____ 2nd Floor_____ Basement _____
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: _____________________ 1st Floor_____ 2nd Floor_____ Basement _____
Shower: ____Yes ____No Handheld Attachment locations_____________________
Bathtub: ____Yes ____No Handheld Attachment locations_____________________
Call cord: ____Yes ____No
Description of other specialized safety features:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
# 3: Square footage: _____________________ 1st Floor_____ 2nd Floor_____ Basement _____
Shower: ____Yes ____No Handheld Attachment locations_____________________
Bathtub: ____Yes ____No Handheld Attachment locations_____________________
Call cord: ____Yes ____No
Description of other specialized safety features:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
→ Please attach the same information for any additional bathrooms/restrooms.
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Reasonable Accommodations Attachment # 1 – 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 (HIPAA), I do not waive my rights under HIPAA.
Printed name: _____________________________________________________
Signature: _____________________________________________________
Date: _____________________________________________________
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City of South Bend, Indiana
Reasonable Accommodations
VERIFICATION OF DISABILITY 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.
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 # _____________________________________________________
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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 [____________________]:
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, or email].
If you believe that you already have provided the information or that we should not ask for it,
please contact us at (574) 235-9571 or fax us at (574) 235-9813.
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: County Attorney, or City Attorney for a dwelling within the City of South Bend corporate limits.
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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 [____________________]:
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 9571 to reschedule.
Please note that it is your responsibility to make sure that the authorized City or County
inspector(s) has/have 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: County Attorney, or City Attorney for a dwelling within the City of South Bend corporate limits.
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Attachment # 4
Letter to Grant 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 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- 9571. Thank you.
[Closing]
[Signature]
[Printed name]
Zoning Administrator
cc:
Building Department
County Attorney, or City Attorney for a dwelling within the City of South Bend corporate limits
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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.
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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
Administrator’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. If you have any questions please call
(574) 235-9571. Thank you.
[Closing]
[Signature]
[Printed name]
Zoning Administrator
cc: Area Board of Zoning Appeals Chairperson
Zoning and Annexation Committee Chairperson
Building Department
County Attorney, or City Attorney for a dwelling within the City of South Bend corporate limits