[HISTORY: Adopted by the Board of Commissioners of the Township
of Haverford as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-9-2020 by Ord. No. 2912]
A.
Title and intent. The provisions of this article shall be known as
the "Reasonable Accommodations Policy and Procedure Regulations."
The intent of the Reasonable Accommodations Policy and Procedure Regulations
is to provide flexibility in the application of the Zoning, Building/Construction
and Planning Codes[1] for individuals with a disability, when flexibility is
necessary to eliminate barriers to housing opportunities. This article
will facilitate compliance with federal and state fair housing laws
and promote housing opportunities for residents of Haverford Township.
B.
Purpose. The purpose of this article is to establish a procedure
for persons with disabilities seeking fair access to housing to make
requests for reasonable accommodation in the application of Haverford
Township's zoning laws, rules, policies, practices and procedures
pursuant to 42 U.S.C. § 3604(f)(3)(b) (the Fair Housing
Act) and other laws which prohibit local government from refusing
to make reasonable accommodations in policies and practices when these
accommodations are necessary to afford persons with disabilities equal
opportunity to use and enjoy a dwelling.
C.
Applicability. A request for reasonable accommodation may include
a modification or exception to the rules, standards and practices
for the siting, development and use of housing or housing-related
facilities that would eliminate regulatory barriers and provide a
person with a disability equal opportunity to housing of their choice.
It is the policy of Haverford Township, pursuant to the Fair Housing
Amendments Act of 1988, to provide people with disabilities reasonable
accommodation in rules, policies, practices and procedures that may
be necessary to ensure equal access to housing. The purpose of these
provisions is to provide a process for making requests for reasonable
accommodation to land use and zoning decisions and procedures regulating
the siting, funding, development and use of housing for people with
disabilities. In these regulations, "use of housing" includes, but
is not limited to, housing-related services and the use and enjoyment
of the property.
As used in this article, the following terms shall have the
meanings indicated:
The Fair Housing Act (42 U.S.C. § 3601 et seq.)
and any amendments thereto.
The Haverford Township Municipal Zoning, Building/Construction
or Planning Code or ordinance which sets forth the Township's
land use, building/construction and zoning regulations.
The person(s), board, commission or other group of persons
designated to make determinations on fair housing accommodation requests
pursuant to this article.
A mental or physical impairment(s) that substantially limits
one or more major life activities.
Any person who has a physical or mental impairment that 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.
This article does not protect an individual's current unlawful
use of or addiction to controlled substances or other drugs, unless
that individual has a separate disability.
A.
Notice of Haverford Township's Reasonable Accommodations Policy
and Procedure (Exhibit A) shall be displayed at public information
counters in the Building and Codes Office and the Community Development
Office of the Township.
B.
Any person (or his or her representative) who requires reasonable
accommodation because of a disability shall make such a request to
the Township on a form provided by the Township Manager or his or
her designee. A fee will be charged to review the application, as
shown in the Master Fee Schedule.
C.
Review with other land use or design review applications. If the
project for which the request is being made also requires other discretionary
approval (including, but not limited to, design review, conditional
use permit, variance or subdivision), then the applicant shall file
the request for reasonable accommodation, together with the application
for discretionary approval. All related applications for discretionary
approval shall be considered concurrently with the request for reasonable
accommodation.
A.
In order to make specific housing available to an individual with
a disability, any person may request a reasonable accommodation in
the rules, policies, practices and procedures regulating the siting,
funding, development or use of housing by completing the Fair Housing
Accommodation Request form (Exhibit B)[1] and filing it with the Township Manager or his or her
designee.
[1]
Editor's Note: Said appendix is on file in the Township
offices.
B.
If an individual needs assistance in making the request for reasonable
accommodation, the Township Manager, or his or her designee, shall
provide the assistance necessary to ensure that the process is accessible
to the applicant.
C.
A request for reasonable accommodation in rules, policies, practices
and/or procedures may be filed at any time that the accommodation
may be necessary to ensure equal access to housing, at the outset
or during the approval process.
D.
The applicant shall provide the following information on the reasonable
accommodation application form:
(1)
Applicant's name, address and telephone number and property
owner's name and address, if not the same.
(2)
Address and folio number of the property for which the request is
being made.
(3)
Current use or activity on the property.
(4)
Photographs and/or drawings of the property and structure (i.e.,
floor plan and site plan) and proposed alterations to the property.
(5)
Description of the requested accommodation and the Zoning Code provision,
regulation, policy or procedure for which accommodation is being requested.
(6)
Basis for the claim that the individual has a disability under the
Act.
(7)
Reason that the requested accommodation is necessary for the individual
with the disability to use and enjoy the dwelling. The accommodation
is for the tenant/resident of the property.
(8)
Potential impact of accommodation to surrounding land uses and neighbors.
A.
When a request for reasonable accommodation is filed, it shall be
referred to the designee for review and consideration. The designee
shall issue a written decision within 30 days of the date of the application
and may grant the reasonable accommodation request or deny the request.
See the Notice of Decision on Fair Housing Accommodation Request form
(Exhibit C)[1] for the designee's use.
[1]
Editor's Note: Said appendix is on file in the Township
offices.
B.
If necessary to reach a decision on the request for reasonable accommodation,
the designee may request further information from the applicant consistent
with the Act, specifying, in detail, what information is required.
In the event that the designee requests further information pursuant
to the above subsection, the running of any appeal period shall be
tolled (stopped) until the applicant responds to the request.
C.
Not more than 30 days after receiving a written request for reasonable
accommodation, the designee shall issue a written decision on the
request, provided that, in the event that the designee requests further
information pursuant to the above subsection, the running of this
period shall be tolled (stopped) until the applicant responds to the
request.
The designee shall consider the following criteria when deciding
whether a requested accommodation is reasonable:
A.
Is the housing which is the subject of the request for reasonable
accommodation to be used by an individual protected under the Act?
B.
Is the request for accommodation necessary to make specific housing
available to an individual protected under the Act?
C.
Whether the requested accommodation would impose an undue financial
or administrative burden on the jurisdiction.
D.
Whether the requested accommodation would require a fundamental alteration
in the nature of a program.
A.
The notice of determination may grant the accommodation request;
grant the accommodation request subject to specified nondiscriminatory
conditions of approval; or deny the request.
B.
All written determinations shall give notice of the right to appeal,
if any, as specified in this article. The designee's written
decision on the request for reasonable accommodation shall explain,
in detail, the basis of the decision, including the designee's
findings on the criteria set forth above.
C.
All written decisions shall give notice of the right to appeal and
to request reasonable accommodation in the appeals process as set
forth below. The designee's notice of decision shall be sent
to the applicant by certified mail and first-class mail.
D.
If the designee fails to render a written decision on the request
for reasonable accommodation within the time period allotted in this
article, the request shall be deemed granted.
A.
Within 30 days of the date of the designee's written decision,
the applicant may appeal an adverse decision by filing the Appeal
of Denial of Fair Housing Accommodation Request form (Exhibit D).[1] The appeal shall be a de novo appeal and shall be referred
to the Haverford Township Human Relations Commission for hearing and
decision. For purposes of rendering a decision, the Township Manager,
the Township Zoning Hearing Board and the Township Planning Commission
shall each designate a representative to assist the Human Relations
Commission in ruling upon the appeal.
[1]
Editor's Note: Said appendix is on file in the Township
offices.
B.
An applicant may request reasonable accommodation in the procedure
by which an appeal will be conducted. If an applicant needs assistance
in filing an appeal, the Township Manager and/or his or her designee
shall provide the assistance that is necessary to ensure that the
appeal process is accessible to the applicant.
C.
All appeals shall contain a statement of the grounds for the appeal.
D.
Nothing in this article shall preclude an aggrieved individual from
seeking any other state or federal remedy available.
A.
Any party aggrieved by any order of the Human Relations Commission
may file an appeal to the Court of Common Pleas of Delaware County
within 30 days after the mailing of notice of such order by the Commission
to the aggrieved party or the party's attorney.
B.
If no appeal is taken within 30 days, the order of the Commission
shall be final and conclusive and shall not be subject to review by
any court in any action, including any proceedings to obtain enforcement.
