COM 0067.031 2006-2008 - Laserfiche WebLink

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have difficulty negotiating steps and do not need a setback in order to have an equal opportunity m nse and egjoy a dwelling. Not all requested modifications of rules or policies are reasonable. Whether a particular accommodatiuu is reasonable depends on the facts, and must be decided on a case-by-case basis. The determination of what is reasonable depends on the answers to two questions: First, does the request impose an undue burden or expense on the local government? Second, does Uae proposed use create a fundamental alteration in the zoning scheme? If the answer to either question is "yes," the requested accommodation is unreasonable. What is "reasonable" in one circumstance naay not be "reasonable" in ancther. For example, suppose a local government does not allow groups of four or more unrelated people to live together in asingle-family neighborhood. A group home for four adults with rnenta] retardation would very likely be able to show that it will have no more impact on parking, 'traffic, noise, utility use, and other typical concerns of zoning than an "ordinary family " In this circumstance, there would be no undue burden or expense for the local government nor would the single-family character of the neighborhood be fundamentally altered. Ciraiting an exception or waiver to the group home in tltis circumstance does not invalidate the ordinance. The local government would still be able to keep gruups of unrelated persons without disabilities from living in single-family neighborhoods. By contrast, afifty-bed nursing home would not ordinarily be considered an appropriate use in a single-family neighborhood, for obvious reasons having nothing to do with the disabilities of its residents. Such a facility might or might not impose sigaxificant burdens and expense on the cotrununity, but it would likely create a fundamental change in the single-family character of the neighborhood. On tlrc other hand, a nursing home might not create a "firndamental change" in a neighborhood zoned for multi-family housing. The scope and magnitude of the modification requested, and the feamre~ of the surrounding neighborhood aze among the factors that will be taken into account in determining whether a requested accommodation is reasonable. Q. What is the procedure for reyucstiug a~easonablc accommod• t.~n_~ Where a local zoning scheme specifies procedures for seeking a dcpattw'e from the general rule, courts have decided, and the Department of Justice and HUD agree, that these procedures must ordinarily be followed. If no procedure is specified, persons with disabilities may, nevertheless, request a reasonable accommodation in some other way, and a local government is obligated to grant it if it meets the criteria discussed above. A local governmettl's failure to respond to a request fur seasonable accommodation or an inordinate delay in responding could also violate the Act. Whether a procedure for requesting accommodations is provided ar not, if local govcrtuuent officials have previously made statements or otherwise indicated that an application would not receive fair consideration, or if the procedure itself is discriminatory, then individuals with disabilities living in a group home (and/or its operator) might be able to go directly into court to rcyucst alt order for an accommodation. ,Deal gwemments are encouraeed to provide mechanisms for requesting reasonable .accommodations that operate promptly and efficiently, without tmposing significant casts ur o° v Qe~Oaoaa 4 J~~c°~4 Fcc AG S0 39Fid OON L69S9ZE OZ :Lt L00Z/St/t0