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(a) Purpose. The city, pursuant to the Fair Housing Amendments Act of 1988 (“FHAA”) 42 U.S.C. § 3601, et seq., as amended, and the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101, et seq., as amended, intends to ensure that all persons with a disability have an equal opportunity to use and enjoy a dwelling by providing such persons with reasonable accommodations in rules, policies, practices, and procedures promulgated under this chapter. This section allows a person to seek relief from the enforcement of any regulation contained in this chapter that would result in illegal discrimination against the disabled.
(b) Method of submitting a request for a reasonable accommodation; fees; confidentiality.
(1) A request for a reasonable accommodation may be submitted at any time that the accommodation may be necessary to ensure equal access to housing.
(2) A request for a reasonable accommodation may be submitted by an individual with a disability, the person’s representative, or a licensee providing housing for one or more individuals with disabilities.
(3) A request for a reasonable accommodation should be submitted in writing to the director on a form provided by the department, or in the form of a letter.
(4) There is no fee for an application requesting a reasonable accommodation.
(5) The city will retain any information identified by an applicant as confidential in compliance with applicable law and will not disclose the information unless required by law.
(6) If an individual needs assistance in making a request for a reasonable accommodation, the city will provide assistance to ensure that the application process is accessible to the individual.
(c) Application. An applicant shall submit the following information before an application for a reasonable accommodation is considered to be complete:
(1) The applicant's name, mailing address, street address, telephone number, and e-mail address.
(2) The applicant's relation to the individual or individuals with a disability, if applicable.
(3) The address of the property to which the requested reasonable accommodation would apply.
(4) If the disability is not obvious, information substantiating that the individual who would obtain the benefit of the reasonable accommodation is disabled.
(5) The section or sections of this chapter from which a reasonable accommodation is being requested.
(6) If the need for the accommodation is not readily apparent, a brief explanation of why the requested accommodation is necessary for the individual or individuals with disabilities to have equal access to housing.
(d) Review of application by director; required findings; appeals.
(1) Upon receipt of a complete application for a reasonable accommodation, the director shall review the application and issue a written ruling that grants, grants with conditions, or denies the application.
(2) Before making a decision, the director may request an inspection of the boarding home facility, its records, and the land on which it is located. If the director makes such a request the applicant must make the property, the facility, and its records available for the inspection within 20 days after the date of the request or the application is automatically denied. If the director deems it necessary to request additional information from the applicant consistent with federal and state law, the director shall contact the applicant in writing and specify the additional information that is required. If the director makes such a request, the applicant shall provide the additional information to the director within 20 days after the date of the request or the application is automatically denied.
(3) Before making a decision, the director shall consult with the city attorney and the director of the office of fair housing to determine whether the accommodation should be granted.
(4) The director may impose reasonable conditions on any accommodation granted consistent with the purpose of this chapter.
(5) The written decision must be consistent with the FHAA and based on a consideration of the following factors:
(A) Whether the housing that is the subject of the request will be used by one or more individuals with a disability.
(B) Whether the requested accommodation is necessary to make specific housing available to one or more individuals with a disability.
(C) Whether the requested accommodation would impose an undue financial or administrative burden on the city.
(D) Whether the requested accommodation would require a fundamental alteration in the nature of a city program or law.
(E) The potential impacts of the requested accommodation on the applicant, the other residents of the boarding home facility, and the surrounding neighborhood.
(F) Whether a failure to grant an accommodation would result in the property having no economically viable use.
(G) Whether there are alternative accommodations that are reasonable and have an equal or less of an impact on the city, the applicant, the other residents of the boarding home facility, and the surrounding neighborhood.
(6) The director shall issue a written decision within 30 days of the later of receipt of a completed application, provided that the director is able to issue a decision based on the information provided in the original request; the completed inspection of the property, facility, and its records, as requested by the director; or the director's receipt of all additional information requested.
(7) All written decisions must be sent by certified mail, return receipt requested, and explain in detail the basis of the decision and notify the applicant of the right to appeal the director's decision to the permit and license appeal board.
(8) If the director denies an application for a reasonable accommodation, the action is final unless the applicant files an appeal with the permit and license appeal board in accordance with Section 2-96 of this code as if it were a permit. The permit and license appeal board shall consider the facts as they existed at the time of the director's decision. The applicant or licensee has the burden of proof on appeal. (Ord. Nos. 28706; 29753)
(a) Required inspections.
(1) A boarding home facility must pass all required inspections.
(2) The licensee shall keep a current file of reports and other documentation on site that is needed to demonstrate compliance with applicable ordinances, laws, and regulations. Inspection records must be signed and dated by the appropriate authority and there must be no pending corrective actions.
(3) The following inspections are required:
(A) Licensing inspection.
(B) Annual licensing renewal inspection.
(C) Annual fire inspection.
(D) Annual kitchen inspection for a boarding home facility that provides meal preparation.
(E) A gas pipe pressure test performed every three years by the local gas company or a licensed plumber for a boarding home facility that receives natural gas service.
(F) Annual inspection of liquefied natural gas systems performed by an inspector certified by the Texas Railroad Commission for a boarding home facility with a liquefied natural gas system.
(b) Other inspections. The director may inspect any boarding home facility for the purpose of ascertaining whether violations of this chapter or any other city ordinances exist. The director is authorized at a reasonable time to inspect:
(1) the exterior of a structure and the surrounding premises; and
(2) the interior of a structure if the permission of the owner, occupant, or person in control is given or a search warrant is obtained.
(c) Consequences of refusal to inspect. If the owner, occupant, or person in control denies permission to search any part of the interior or exterior of the structure or the surrounding premises, the director may suspend the license to operate a boarding home facility in accordance with Section 8A-10(a)(2).
(d) Reinspections. Whenever a boarding home facility is inspected by the director and a violation of this code is found, the building or premises will, after the expiration of any time limit for compliance given in the notice or order issued because of the violation, be reinspected by the director to determine that the violation has been eliminated.
(e) Reinspection fee. The licensee shall pay:
(1) to the director of code compliance $150 for each reinspection after the first reinspection by that department that must be conducted before the violation is determined to be eliminated; and
(2) to the director of any other city department the fee required (if any) by the applicable code for each reinspection by that department that must be conducted before the violation is determined to be eliminated. (Ord. Nos. 28706; 32556)
Before September 30 of each year, the director shall submit a report to the Texas Health and Human Services Commission. The report must contain the following information:
(1) The total number of boarding home facilities licensed by the city during the preceding state fiscal year.
(2) The total number of boarding home facility applications for which licenses were denied, including a summary of the causes for denial.
(3) The total number of boarding home facility licenses that were active on August 31 of the preceding state fiscal year.
(4) The total number of residents housed in each boarding home facility reported.
(5) The total number of inspections conducted by the city at each boarding home facility.
(6) The total number of licenses suspended or revoked as a result of an inspection.
(7) A summary of the outcome for any residents displaced by suspension or revocation of a license. (Ord. 28706)
(a) For purposes of this chapter, written notice is deemed to be delivered:
(1) on the date the notice is hand delivered to the applicant or licensee; or
(2) three days after the date the notice is placed in the United States mail with proper postage and properly addressed to the applicant or licensee at the address provided for the applicant or licensee in the most recent license application.
(b) The fact that the notice is returned undelivered or that the return receipt is not signed by the addressee shall not affect the validity of the notice. (Ord. 29753)