(a) An applicant, or a person on whose behalf an application was filed, may appeal the written decision to deny or grant an accommodation with alterations or conditions or a denial of the accommodation no later than 30 calendar days from the date the decision is mailed.
(b) An appeal must be in writing (or reduced to writing as provided by subsection (c), below) and include grounds for appeal. Any personal information related to the disability status identified by the applicant as confidential shall be retained in a manner so as to protect the privacy rights of the applicant 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.
(c) If an applicant needs assistance appealing a written decision, the city will provide assistance transcribing a verbal request into a written appeal to ensure that the appeals process is accessible.
(d) An applicant shall not be required to pay a fee to appeal a written decision.
(e) An appeal will be decided by the city manager's designee. In considering an appeal of a decision of the director, the city manager's designee shall consider:
(1) The application requesting the accommodation;
(2) The director's decision;
(3) The applicant's written statement of the grounds of the appeal; and
(4) The provisions of this division, in order to determine whether the director's decision was consistent with applicable fair housing laws and the required findings in § 17-113.
(f) If a written decision on the appeal is not rendered within 30 calendar days from the date the appeal is received, the requested accommodation shall be deemed granted.
(g) The decision of the city manager's designee is final.
(Ord. 22098-03-2016, § 1, passed 3-1-2016; Ord. 24023-01-2020, § 1 (Exh. A), passed 2-2-2020)