(a) An application for an accommodation may be made by any person(s) with a disability, his or her representative, or a developer or provider of housing for persons with disabilities.
(b) A request for accommodation may be submitted at any time the accommodation may be necessary to afford the person with a disability equal opportunity to use and enjoy the dwelling. A written acknowledgment of the request shall be sent to the applicant within ten days of receipt by the director.
(c) Requests for an accommodation may include a modification or exception to the rules, standards and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to a dwelling of his or her choice.
(d) An individual requesting an accommodation shall direct the request to the director of the planning and development department, orally, which shall be transcribed by the city into writing if requested by the applicant or if it is apparent to a city employee or staff that assistance is needed in filling out the application form (e.g., if the individual is unable to write), or in writing. The individual shall submit an application for a reasonable accommodation using the appropriate city form, to be provided by the director. The city shall assist the applicant with furnishing all information maintained by the city with respect to an accommodation. The applicant shall provide the following:
(1) Name and address of the person or entity requesting accommodation. If the applicant is applying on behalf of a person with a disability, the name and address of the person with a disability shall also be provided.
(2) Address of the property for which the accommodation is requested.
(3) Indication of whether that the applicant is:
a. Person with a disability;
b. Applying on behalf of a person with a disability; or
c. A developer or provider of housing for one or more person(s) with a disability.
(4) Description of the disability at issue, the requested accommodation, and the specific regulation(s), policy, practice or procedure for which the accommodation is sought. In the event that the specific individuals who are expected to reside at the property are not known to a provider in advance of making the application, the provider shall not be precluded from filing the application, but shall submit details describing the range of disabilities that prospective residents are expected to have to qualify for the housing.
(5) Description of whether the specific accommodation requested by the applicant is necessary for the person(s) with the disability to use and enjoy the dwelling, or is necessary to make the provision of housing for persons with disabilities financially or practically feasible.
(6) Any other information the Director concludes is necessary in order to make the findings required by § 17-113 to the extent permissible under applicable local, state and federal laws. In most cases, an individual's medical records or detailed information about the nature of a person's disability is not necessary for this inquiry. (See Joint Statement of The Department of Housing and Urban Development and The Department of Justice: Reasonable Accommodations Under the Fair Housing Act #18.)
(e) Any personal information regarding disability status identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and/or person with a disability and shall not be made available for public inspection unless required by the Texas Public Information Act. Any information received regarding the disability status identified, including but not limited to medical records, will be returned to the applicant within ten days of the decision of the city manager's designee. The applicant need provide only the information necessary for the city to evaluate the reasonable accommodation request.
(f) If the person with the disability needs assistance to make a request for accommodation, the director will provide assistance, including transcribing a verbal request into a written request.
(g) A fee shall not be required for an application for an accommodation.
(Ord. 22098-03-2016, § 1, passed 3-1-2016; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)