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REGULAR MEETING JANUARY 26, 2015 <br />Mre6eided � me & 11w, lllw cpJa(liz Ml and iuiiaru4 on the day <br />of 2015 at o'clock _. Am. <br />m. <br />Office of the City Clerk <br />-�*Cwell alnd, i tvzeclby me on the day of <br />2015 at _ o'clock <br />Pete Buttigieg, Mayor <br />City of South Bend, Indiana <br />Councilmember Gavin Ferlic made a motion to continue this bill indefinitely, motion seconded by <br />Councilmember Varner the motion carried. Bill continued indefinitely by a roll call vote of eight <br />(8) ayes. <br />15 -05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF <br />SOUTH BEND INDIANA, ESTABLISHING REASONABLE <br />ACCOMMODATION POLICIES AND PROCEDURES IN ZONING AND <br />LAND USE DECISIONS WITHIN THE CITY OF SOUTH BEND, <br />INDIANA <br />e the City of South Bend, Indiana (the "City ") acknowledges that it is subject to the <br />provisions of the Fair Housing Act, as amended, 42 United Stated Code §§ 3601, et seq. (the "FHA ") and <br />the Americans With Disabilities Act (the "ADA "), set forth at 42 United Sated Code §§ 12102, et seq.; and <br />v// Cvwd, the FHA provides that the City may not: (1) refuse to make a reasonable accommodation <br />in the application of any of its ordinances in violation of Section 804(f)(3)(B) of the FHA, 42 United Stated <br />Code §§ 3604(f)(3)(B); (2) make housing unavailable because of a disability in violation of Section <br />804(f)(1)(A) of the FHA, 42 United Stated Code §§ 3604(f)(1)(A); (3) discriminate in the terms, conditions, <br />or privileges of housing because of a disability of a person intending to reside in that dwelling after it is <br />rented in violation of Section 804(f)(2)(B) of the FHA, 42 United Stated Code §§ 3604(f)(2)(B); or deny <br />a group of qualified persons those rights granted by the FHA: and <br />exne the City of South Bend, Indiana originally passed a Human Rights Ordinance in 1973 <br />when Ordinance No. 5619 -73 was passed by the South Bend Common Council, which has been periodically <br />updated and is currently codified as Chapter 2, Article 9 Section 2 -126 et seq. in the South Bend Municipal <br />Code to include references to the FHA as amended, and has been certified to be substantially equivalent to <br />the federal FHA; and <br />the City of South Bend, Indiana, desires to confirm and affirm as a matter of public policy <br />that the South Bend Human Rights ordinance referenced above applies to the City of South Bend in the <br />administration of its zoning, land use and building ordinances and their policies, practices, requirements <br />and processes with the City desiring to formalize a process addressing reasonable accommodation requests <br />which would be consistent with the requirements of the FHA and ADA; and <br />e, for the past several months, the City of South Bend, Indiana, has had the opportunity to <br />meet and discuss reasonable accommodations policies and procedures applicable to zoning and land use <br />14 <br />