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Department of Community and Economic Development
Planning Division
ADMINISTRATIVE POLICY/CODE INTERPRETATION
ADMINISTRATIVE
POLICY/CODE
INTERPRETATION #: CI-168
MUNICIPAL
CODE SECTION(S): New Section 4-1-270 of the Renton Municipal Code
REFERENCE: N/A
SUBJECT: Reasonable Accommodations and Reasonable Modifications in
Residential Housing
BACKGROUND: Under the federal Fair Housing Act, the federal Americans with
Disabilities Act, and the Washington Law Against Discrimination, any
person having a disability or handicap may request a “reasonable
accommodation” or “reasonable modification” to seek to be excused
from otherwise applicable laws, regulations, policies, and practices when
necessary to enjoy equal opportunity to residential housing of choice.
However, Title 4 of the Renton Municipal Code (“Development
Regulations”) is silent regarding the process for requesting a reasonable
accommodation or modification. This silence creates an ambiguity for
potential requestors as to how to proceed.
JUSTIFICATION: The ambiguity about the process for housing-related requests for
reasonable accommodation and modification regarding Title 4 of the
Renton Municipal Code should be resolved.
DECISION: Amend Title 4 of the Renton Municipal Code to add a new Section 4-1-
270, entitled “Reasonable Accommodations and Reasonable
Modifications in Residential Housing,” removing Title 4’s ambiguity
regarding reasonable accommodations and modifications by codifying a
process for persons with a disability or handicap to seek housing-related
reasonable accommodations and modifications.
ADMINISTRATOR
Privileged Notes
Reasonable Accommodations – Draft Code Interpretation, April 1, 2021
Page | 2
APPROVAL: _______________________________________
C. E. “Chip” Vincent
EFFECTIVE DATE: _______________________________________
APPEAL
PROCESS: To appeal this Administrative Policy/Code Interpretation, a written
appeal--accompanied by the required filing fee--must be filed with the
City's Hearing Examiner (c/o cityclerk@rentonwa.gov; 1055 South Grady
Way, Renton, WA 98057, 425-430-6515) no more than 14 days from the
date of this decision. Your submittal should explain the basis for the
appeal. Section 4-8-110 of the Renton Municipal Code provides further
information on the appeal process.
CODE
AMENDMENTS
NEEDED TO
IMPLEMENT
DETERMINATION(S): See attached Exhibit A.
STAFF CONTACT: Vanessa Dolbee, Planning Director, VDolbee@rentonwa.gov
6/21/2021
Privileged Notes
Reasonable Accommodations – Draft Code Interpretation, April 1, 2021
Page | 3
EXHIBIT A
4-1-270: REASONABLE ACCOMMODATIONS AND MODIFICATIONS IN RESIDENTIAL HOUSING
A. PURPOSE AND APPLICABILITY:
1. This Section is enacted to authorize the Administrator to alter or waive provisions of this
Title when necessary to reasonably accommodate the rights of the disabled and handicapped
under the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (or, ADA); the Fair Housing
Act, 42 U.S.C. §§ 3601-19 (or, FHA); or the Washington Law Against Discrimination, chapter
49.60 RCW (or, WLAD), or when necessary to grant reasonable modification in accordance with
such rights.
2. This Section shall apply in residential housing contexts. This Section shall not apply to
activities that are solely commercial in nature.
B. PROCESS FOR REASONABLE ACCOMMODATIONS AND MODIFICATIONS:
1. Any person who claims to have a disability or handicap within the meaning of the ADA,
FHA, or WLAD, or someone acting on such person’s behalf, who wishes to be excused from an
otherwise applicable requirement of this Title on the basis of such disability or handicap may
make a request for reasonable accommodation or modification to the Administrator. The
request may be submitted in a form of the requestor’s choosing, including by filling out a form
made available by the Department.
2. Upon receipt of a request for reasonable accommodation or modification, the
Administrator is authorized to take responsive steps, including obtaining additional information
from the requestor.
3. The Administrator shall make a written decision in response to a request for reasonable
accommodation or modification. In making such decision, the Administrator is authorized to
alter or waive the provisions of this Title in order to provide a reasonable accommodation or
modification as necessary to provide equal opportunity to use and enjoy a residential dwelling
of choice.
C. LIMITED APPLICABILITY TO BUILDING AND FIRE PREVENTION CODES:
No request for reasonable accommodation or modification that seeks to alter or waive the
City’s building and fire prevention standards set forth in chapter 4-5 RMC shall be granted
unless the alteration or waiver would substantially accomplish the purposes of those provisions
without reduction of safety. The requestor shall have the burden of proof.
Privileged Notes
Reasonable Accommodations – Draft Code Interpretation, April 1, 2021
Page | 4
D. REASONABLE ACCOMMODATIONS AND MODIFICATIONS PERSONAL TO THE
REQUESTOR:
Any reasonable accommodation or modification granted shall be personal to the requestor and
shall not run with the land. Any permit granting a reasonable accommodation or modification
may require discontinuation of the accommodation or modification and restoration of the
impacted property or structure upon the accommodation or modification being no longer
necessary to accommodate the rights of the requestor. Successors in interest who also require
accommodations or modifications may separately make a request to retain any improvements
previously permitted pursuant to this Section.
E. APPEAL:
The Administrator’s decision on a request for reasonable accommodation or modification may
be appealed to the Hearing Examiner in compliance with RMC 4-8-110.