This chapter provides a procedure to request reasonable accommodation for persons with disabilities or handicaps seeking equal access to housing under the Rehabilitation Act, the Americans With Disabilities Act, the Federal Fair Housing Amendments Act and the Nebraska Fair Housing Act (the Acts) in the application of the City of Wahoo's building codes, fire or safety codes, zoning laws, other land use and general regulations, and police policies and procedures.
(Ord. 2336, passed 12-26-19)
(A) A request for reasonable accommodation may be made by any person with a disability or handicap, as defined in the Acts, or by an entity acting on behalf of a person or persons with disabilities or handicaps to provide or secure equal opportunity to use and enjoy a dwelling and/or otherwise receive services or participate in programs or activities provided by the city when the application of a City of Wahoo building code, fire or safety code, zoning law or other land use regulation, policy or practice acts as a barrier to such equal opportunities. As defined in the Acts, a person with a disability or handicap is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment.
(B) A request for reasonable accommodation may include a modification or exception to rules, standards and practices when such modification or exception is necessary to eliminate regulatory barriers and provide a person with a disability or handicap with equal opportunity to use and enjoy a dwelling and/or to otherwise receive services or participate in programs or activities provided by the city. Requests for reasonable accommodation shall be made in the manner prescribed by § 99.03.
(Ord. 2336, passed 12-26-19)
(A) Application. Requests for reasonable accommodation shall be submitted on an application form provided by the City Clerk, or in the form of a letter to the City Clerk, and shall contain the following information:
(1) The applicant's name, address and telephone number.
(2) The street address and legal description or assessor's parcel number of the property for which the request is being made.
(3) The current actual use of the property.
(4) The law, provision, regulation or policy from which reasonable accommodation is being requested.
(5) Additional information. The following information shall be submitted with the application:
(a) A statement from the applicant describing the basis for the claim that the individual (or group of individuals, if application is made by an entity acting on behalf of a person or persons with disabilities or handicaps) is considered disabled or handicapped under the Acts.
(b) A statement as to why the requested accommodation is financially, therapeutically, or otherwise necessary to afford a handicapped or disabled person equal opportunity to use and enjoy a dwelling and/or to otherwise receive services or participate in programs provided by the city.
(c) Documentation supporting the financial, therapeutic, or other necessity for the accommodation.
(B) Upon the filing of the application, together with all information required above, the City Council shall refer a request for reasonable accommodation to the Mayor and City Administrator who shall together issue a written recommendation on the request. The Mayor and City Administrator are hereinafter referred to in this chapter as the “Reviewing Authority.”
(Ord. 2336, passed 12-26-19)
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