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HomeMy WebLinkAboutCI-168 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.