It shall be unlawful for any bank, building and loan association,
insurance company or other corporation, association, firm or enterprise
whose business consists in whole or in part in the making of commercial
real estate loans to deny a loan or other financial assistance because
of race, color, religion, national origin, ancestry, sex, disability
or familial status to a person applying therefor for the purpose of
purchasing, construction, improving, repairing or maintaining a dwelling,
or to discriminate against him/her in fixing of the amount, interest
rate, duration or other terms or conditions of such loan or other
financial assistance because of the race, color, religion, national
origin, ancestry, sex, disability or familial status of such person
or of any person associated with him/her in connection with such loan
or other financial assistance, or of the present or prospective owners,
lessees, tenants or occupants of the dwellings in relation to which
such loan or other financial assistance is to be made or given.
It shall be unlawful to deny any person access to or membership
or participation in any multiple listing service, real estate brokers'
organization or other service organization or facility relating to
the business of selling or renting dwellings on account of race, color,
religion, national origin, ancestry, sex, disability or familial status.
[Ord. No. 1400 §1, 12-18-2014]
A. Purpose.
1.
This Section implements the policy of the City of Cottleville
on requests for reasonable accommodation in its rules, policies and
procedures for persons with disabilities as required by the Fair Housing
Act, as amended, 42 U.S.C. §3604(f)(3)(B) and Title II of the
Americans with Disabilities Act, 42 U.S.C. § 12132. The
policy of the City of Cottleville is to comply fully with the provisions
of the Fair Housing Act and Title II of the Americans with Disabilities
Act.
2.
Any person with disabilities and eligible under the Fair Housing
Act or Title II of the Americans with Disabilities Act may request
a reasonable accommodation with respect to the various land use or
zoning laws, rules, policies, practices and/or procedures of the City
as provided by the Fair Housing Act and Title II of the Americans
with Disabilities Act pursuant to the procedures set out in this Section.
3.
Nothing in this Section requires persons with disabilities or
operators of group homes for persons with disabilities acting or operating
in accordance with applicable zoning, licensing or land use laws or
practices to seek reasonable accommodation under this Section.
B. Definitions. For the purposes of this Section, certain
terms and words are hereby defined as follows:
ACTS
Collectively, the FHA and the ADA.
ADA
Title II of the Americans with Disabilities Act, 42 U.S.C.
§ 12131 et seq., and its implementing regulations, 28 CFR
35.
APPLICANT
An individual, group or entity making a request for reasonable
accommodation pursuant to this Section.
CODE
The Municipal Code of the City of Cottleville, Missouri.
DIRECTOR
The Director of Public Works or his/her designee.
DISABLED PERSON
Any person who is "handicapped" within the meaning of 42
U.S.C. § 3602(h) or a "qualified individual with a disability"
within the meaning of 42 U.S.C. § 12131(2).
DWELLING
As defined in 42 U.S.C. § 3602(b).
FHA
The Fair Housing Act, Title III of the Civil Rights Act of
1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C.
§§ 3601 et seq., as may be amended.
C. Notice To The Public Of Availability Of Accommodation Process. The Director shall prominently display a notice at the counter
in City Hall advising those with disabilities or their representatives
that they may request a reasonable accommodation in accordance with
the procedures established in this Section.
D. Requesting reasonable accommodation. In order to
make specific housing available to one (1) or more individuals with
disabilities, a disabled person or a person acting on his or her behalf
at his or her request (collectively, the "applicant") may request
a reasonable accommodation relating to the various land use or zoning
rules, policies, practices and/or procedure of the City applicable
to such housing.
1.
A request by an applicant for reasonable accommodation relating
to land use or zoning rules, policies, practices and/or procedures
shall be made orally or in writing on a reasonable accommodation request
form provided by the Director. The form shall contain:
a.
The current zoning for the property;
b.
The name, phone number and address of the owner of the fee interest
of the property (if other than the applicant);
c.
The nature of the disability that requires the reasonable accommodation.
In the event that the specific individuals who are expected to reside
at the property are not known to the applicant in advance of making
the application, the applicant 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. The applicant shall notify the Director, in the event
the residents at the location are not within the range described.
The Director shall then determine if an amended application and subsequent
determination of reasonable accommodation is appropriate;
d.
The specific type of accommodation requested by the applicant.
To the extent practicable, this portion should include information
concerning the impact of the reasonable accommodation on the adjoining
properties and area, the number of people who are expected to be availing
themselves of the reasonable accommodation, the estimated number of
people in an average week who will be necessary to provide services
to the person(s) with disabilities at the property on an on-going
basis, whether or not this type of reasonable accommodation is required
to obtain a license from any State or County authority to operate,
and any other information the applicant thinks would assist in determining
the reasonableness of the accommodation;
e.
The applicant should also note, if known, whether this accommodation
requires any additional licensure from the City (e.g., business license);
and
f.
Whether the accommodation requested may be necessary to afford
one (1) or more disabled persons equal opportunity to use and enjoy
a specific dwelling.
2.
The Director will assist the applicant with furnishing the Director
all information necessary for processing the reasonable accommodation
request, including that information which the Director deems necessary
to complete a reasonable accommodation request form. Upon the City's
receipt of the necessary information to process the applicant's
request for reasonable accommodation, the Director shall use the information
to complete a reasonable accommodation request form.
3.
The Director will provide the assistance necessary to an applicant
in making a request for reasonable accommodation. The Director will
provide the assistance necessary to any applicant wishing to appeal
a denial of a request for reasonable accommodation to ensure the process
is accessible to the applicant. The applicant is entitled to be represented
at all stages of the proceedings identified in this Section by a person
designated by the applicant.
4.
Should the information provided by the applicant to the Director
include medical information or records of the applicant, including
records indicating the medical condition, diagnosis or medical history
of the applicant, the applicant may, at the time of submitting such
medical information, request that the Director, to the extent allowed
by law, treat such medical information as confidential information
of the applicant.
5.
The Director shall provide written notice to the applicant,
and any person designated by the applicant to represent the applicant
in the application proceeding, of any request received by the Director
for disclosure of the medical information or documentation which the
applicant has previously requested be treated as confidential by the
Director. The Director will cooperate with the applicant, to the extent
allowed by law, in actions initiated by the applicant to oppose the
disclosure of such medical information or documentation.
E. Jurisdiction.
1.
The Director shall have the authority to consider and act on
requests for reasonable accommodation. When a request for reasonable
accommodation is filed with the Director, it will be referred to the
Director for review and consideration. The Director shall issue a
written determination within thirty (30) days of the date of receipt
of a completed application and may grant the accommodation request,
or deny the request, in accordance with Federal law. Any such denial
shall be in writing and shall state the grounds therefor. All written
determinations shall give notice of the right to appeal and the right
to request reasonable accommodation in the appeals process. The notice
of determination shall be sent to the applicant by certified mail,
return receipt requested and by regular mail.
2.
If reasonably necessary to reach a determination on the request
for reasonable accommodation, the Director may, prior to the end of
said thirty-day period, request additional information from the applicant,
specifying in detail what information is required. The applicant shall
have fifteen (15) days after the date of the request for additional
information to provide the requested information. In the event a request
for additional information is made, the thirty-day period to issue
a written determination shall be stayed. The Director shall issue
a written determination within thirty (30) days after receipt of the
additional information. If the applicant fails to provide the requested
additional information within said fifteen-day period, the Director
shall issue a written determination within thirty (30) days after
expiration of said fifteen-day period.
F. Findings For Reasonable Accommodation.
1.
The following findings, while not exhaustive of all considerations
and findings that may be relevant, must be made before any action
is taken to approve or deny a request for reasonable accommodation
and must be incorporated into the record relating to such approval
or denial:
a.
Whether the accommodation requested may be necessary to afford
one (1) or more persons with disabilities equal opportunity to use
and enjoy a specific dwelling;
b.
Whether the requested accommodation would require a fundamental
alteration to the City's zoning scheme; and
c.
Whether the requested accommodation would impose undue financial
or administrative burdens on the City.
2.
A request for a reasonable accommodation shall not be denied
for reasons which violate the provisions of the Acts. This Section
does not obligate the City to grant any accommodation request unless
required by the provisions of the Acts or applicable Missouri State
law.
G. Appeals.
1.
Within thirty (30) days after the date the Director mails a written adverse determination, under Subsection
(E) of this Section, to the applicant, the applicant requesting reasonable accommodation may appeal the adverse determination.
2.
All appeals shall contain a statement of the grounds for the
appeal.
3.
If an individual applicant needs assistance in appealing a determination,
the Director will provide the assistance necessary to ensure that
the appeal process is accessible to the applicant. All applicants
are entitled to be represented at all stages of the appeal proceeding
by a person designated by the applicant.
4.
Appeals shall be to the Board of Adjustment who shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than forty-five (45) days after an appeal has been filed. All determinations on appeal shall address and be based upon the findings identified in Subsection
(F) of this Section and shall be consistent with the Acts.
5.
An applicant may request reasonable accommodation in the procedure
by which an appeal will be conducted.
H. Fee. The City shall not impose any additional fees
or costs in connection with a request for reasonable accommodation
under the provisions of this Section or an appeal of a denial of such
request by the Director. Nothing in this Section obligates the City
to pay an applicant's attorney fees.
I. Stay of Enforcement. While an application for reasonable
accommodation or appeal of a denial of said application is pending
before the City, the City will not enforce the subject zoning ordinance
against the applicant.
J. Recordkeeping. The City shall maintain records of
all oral and written requests submitted under the provisions of this
Section, and the City's responses thereto, as required by State
law.