(a) The written decision to grant, grant with alterations or conditions, or deny a request for accommodation shall be based on the following factors to the extent they are consistent with applicable laws:
(1) Whether the housing that is the subject of the request for accommodation will be used by a person with a disability protected under the applicable laws.
(2) Whether the requested accommodation is necessary to make a dwelling available to a person with disabilities protected under the applicable laws.
(3) Whether the requested accommodation would pose an undue financial or administrative burden on the city. The determination of undue financial and administrative burden will be done on a case-by-case basis.
(4) Whether the requested accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to zoning and land use.
(b) In making findings, the director may grant with alterations or conditions, reasonable accommodations, if the director determines that the applicant's initial request would impose an undue financial or administrative burden on the city, or fundamentally alter a city program or law. The alterations or conditions shall provide an equivalent level of benefit to the applicant with respect to:
(1) Enabling the person(s) with a disability to use and enjoy the dwelling; and
(2) Making the provision of housing for person(s) with a disability financially or practically feasible.
(Ord. 22098-03-2016, § 1, passed 3-1-2016; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)