HomeMy WebLinkAboutResolution_05-18_02/08/2018 RESOLUTION NO. 5-18
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, ESTABLISHING A
REASONABLE ACCONIMODATION POLICY PURSUANT
TO THE FAIR HOUSING ACT AND TITLE II OF THE
AMERICANS WITH DISABILITIES ACT; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS,the Village Council of the Village of Tequesta desires to ensure that its land
development regulations and all other ordinances, rules, policies, practices and procedures treat
persons with disabilities and facilities serving them in a non-discriminatory manner; and
WHEREAS, the Village's application of its zoning and land development regulations,
other ordinances, and related rules, policies and practices is governed by the Fair Housing Act
(FHA)and the Americans with Disabilities Act(ADA),and other applicable state and federal laws;
and
WHEREAS,"Reasonable Accommodatiod'is a statutorily established method that allows
a person who is disabled and/or handicapped, as those terms are defined in Title II of the ADA
and/or the FHA,to request a modification or alteration in the application of a specific Village Code
provision, rule, policy or practice; and
WHEREAS,the Village Council desires to provide a Reasonable Accommodation Policy
in order to afford persons with disabilities an equal opportunity to use and enjoy dwellings,
including public and common use spaces, within the Village; and
WHEREAS,the Village Council states that such Reasonable Accommodation Policy is in
the bests interests of the health, safety and welfare of its residents.
NOW,THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA,THAT:
Section 1: The Village Council of the Village of Tequesta hereby adopts the following
Reasonable Accommodation Policy:
(1) Purpose and Intent. The purpose of this policy is to establish procedures for processing
requests for Reasonable Accommodation in housing from the Village's Land Development
Regulations,all other ordinances,and related rules,policies,practices and procedures, for persons
that qualify as disabled and/or handicapped under Title VIII of the Civil Rights Act of 1968(FHA),
the Fair Housing Amendments Act of 1988 (FHAA), the Florida Fair Housing Act (§§
760.20-760.37), Florida Statutes, and Title II of the Americans with Disabilities Act (42 U.S.C.
Section 12131,et. seq.)(ADA),as these laws may be amended from time to time.Any person who
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is disabled and/or handicapped,or qualifying entities, may request a Reasonable Accommodation,
pursuant to the procedures set out below.
(2) Notice to the Public of Availabilitv of Accommodation. The Village shall display a notice
in the Village's public notice bulletin board(and shall maintain copies available for review in the
Village Clerk's office)advising that disabled and/or handicapped persons(and qualifying entities,
if applicable)may request a Reasonable Accommodation as provided herein.
(3) Application Procedures. A request for Reasonable Accommodation by a disabled and/or
handicapped person or qualifying entity(hereinafter the "applicant") may be submitted in writing
and/or on an application form provided by the Village, or may be submitted verbally. All requests
for Reasonable Accommodation shall be submitted to the Village Clerk's Office. The Village
encourages reyuests for Reasonable Accommodation to be made in writing in order for the Village
to obtain all information necessary to process a request without delay. The Village shall assist
applicants who need help filling out the application form, and may fill out the form for applicants
who are making a verbal reasonable accommodation request. If the Village Clerk's Office receives
a verbal reasonable accommodation request, such answering staff member shall prepare a written
statement, such as filling out the written application form, indicating that the request was made
verbally, the date/time of such request, and the contents of such request. The staff member shall
sign any written statement. Application forms shall be made available in the Village Clerk's
Office located at 345 Tequesta Drive, Tequesta FL 33469, and on the Village's website at
������.ceyue�ta.urQ. The Village Clerk's Office also shall assist applicants, upon request, in
downloading and making copies of application forms, and reviewing the application contents.
Assistance in completing application forms shall include interpretation services upon request. The
application process is as follows:
a. Application Contents. An applicant making a request for Reasonable
Accommodation shall provide the following information to the Village either in writing or
verbally:
1. The legal name(s) of all persons for whom a reasonable accommodation is
sought,and if a qualifying entity,the legal name(s)of all person for whom it
has been authorized to submit an application;
2. Address of the applicant, unless governed by 42 U.S.C. §290d.d., in which
case the address shall not be required,but the applicant may be requested to
provide documentation to substantiate a claim verifying applicability;
3. Address of housing or other location at which accommodation is requested,
if different from the address of the applicant, unless governed by 42 U.S.C.
§290d.d., in which case address shall not be required,but the applicant may
be requested to provide documentation to substantiate a claim verifying
applicability;
4. The type of accommodation being requested,and an explanation of how the
accommodation is necessary in order for persons with disabilities to live in
the dwelling;
5. A description of the Village ordinance, rule, policy, practice or procedure,
from which the applicant seeks a reasonable accommodation;
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6. If the disability is not known or readily apparent to the Village, information
and/or documentation that(1) verifies a person's disability status under the
FHA and/or ADA; (2)describes the needed accommodation; and(3) shows
the relationship between the person's disability and the need for the
requested accommodation. The Village is not seeking information relating
to the nature and severity of the person's disability.
7. If the disability is known or readily apparent, but the need for the
accommodation is not known or readily apparent to the Village, an
explanation of the relationship between the person's disability and the need
for the requested accommodation.
b. Applicant's Representative(s): An applicant may be represented at all stages of the
Reasonable Accommodation process by a person designated by the applicant as their
authorized agent(e.g. family member), attorney, or representative. If an authorized agent,
attorney or other representative is representing a person, or, if applicable, a qualifying
entity,a written authorization designating such authorized agent,attorney or representative
shall be submitted to the Village, or an in-person meeting between the Village and the
applicant shall occur to confirm the applicant's authorized agent, attorney or
representative. The Village is unable to accept authorizations outside of those made in
writing or in-person as such forms of communication (e.g. phone call) do not provide the
Village sufficient means to verify the identity of the applicant. Authorization forms shall
be made available in the Village Clerk's Office located at 345 Tequesta Drive,Tequesta FL
33469, and on the Village's website at ��������.te�uc�ta.��r�.
c. Villa�e Assistance: The Village shall provide assistance and accommodation as is
required pursuant to the FHA and ADA in connection with a disabled and/or handicapped
person's request for Reasonable Accommodation, including without limitation, assistance
with interpreting the Reasonable Accommodation application form and responding to the
questions contained therein, assistance with completing the form, assistance with filing an
appeal, and assistance in appearing at hearings to ensure the process is accessible.
d. No Fee. No fee shall be imposed by the Village in connection with a request for
Reasonable Accommodation under this policy,or for an appeal of a decision by the Village
Manager or designee to the Special Magistrate. The Village shall have no liability for or
legal obligation to pay an applicant's attorney's fees or costs in connection with the request
for Reasonable Accommodation, or any appeal at any appellate level.
e. Interactive Process: When a request for Reasonable Accommodation is made, the
Village may engage in an interactive process with the applicant to devise alternative
accommodations that provide the applicant an opportunity to use and enjoy a dwelling.
The commencement of an interactive process does not toll the deadlines for issuance of a
notice of determination by the Village Manager or designee,or for an appeal hearing before
the Special Magistrate as outlined below, unless the applicant agrees in writing to extend
the deadlines.
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f. Confidential Information. Upon submittal of any medical information or records,
including but not limited to condition, diagnosis, or history related to a disabled and/or
handicapped person, an applicant may request that the Village, to the extent allowed by
law, treat the information or records as confidential. In such case, the Village shall
endeavor to keep the applicant's medical information confidential to the extent permitted
by federal and state laws, including but not limited to the Health Insurance Portability and
Accountability Act of 1996 ("HIPAA") and Chapter 119, Florida Statutes (the Florida
Public Records Law). The Village shall have no obligation to defend against any action
seeking to compel the production of public records, or to incur any legal or other expenses
in connection therewith, and shall produce the records to the extent the Village determines
the records are not exempt from the Public Records Act, or to comply with any judicial or
administrative order without prior notice to the applicant. The Village, however, shall
endeavor to provide notice to the disabled and/or handicapped person, or their
representative, of any request received by the Village for disclosure of the medical
information or documentation which the applicant has previously requested be treated as
confidential by the Village.
g. Review b,�ge Manager or Desi�nee. All requests for Reasonable
Accommodation shall be submitted to the Village Clerk's Office. As soon as practicable
after receipt, the Village Clerk shall forward all requests to the Village Manager or
designee for review. The Village Manager or designee shall issue a written notice of
determination to the applicant within thirty (30) days from the date the application is
received by the Village Clerk's Office. If needed to reach a determination on the request
for Reasonable Accommodation,the Village Manager or designee,may, prior to the end of
the thirty(30)day period,issue a written request for additional information to the applicant,
specifying in sufficient detail what information is required. The applicant shall have thirty
(30) days after the date of the written request for additional information to provide said
information. In the event a written request for additional information is made, the thirty
(30)day period to issue a written notice of determination shall no longer be applicable,and
the Village Manager or designee shall issue a written notice of determination within thirty
(30) days after receipt of the additional information. If the applicant fails to provide the
requested additional information and/or fails to request an extension of time to provide said
information within thirty(30)days after the date of the request for additional information,
then the request for reasonable accommodation shall be deemed withdrawn and no further
action by the Village shall be required. The applicant may renew their request for
Reasonable Accommodation at any time. The applicant may request additional time to
respond either in writing or verbally to the Village Clerk's Office. The Village shall not
unreasonably withhold consent to an applicant's reyuest for additional time to respond.
h. Findings for Reasonable Accommodation. In determining whether the Reasonable
Accommodation request shall be granted or denied, the applicant shall be required to
establish that:
1. They are protected under the FHA or ADA, as defined in the FHA or ADA.
Although the definition of disability and/or handicap is subject to judicial
interpretation, for purposes of this policy, a disabled and/or handicapped
person is defined as having:
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(a) a physical or mental impairment which substantially limits one or
more major life activities;
(b) a record of having such impairment; or
(c) that they are regarded as having such impairment.
2. The proposed accommodations being sought are reasonable and necessary
to afford disabled and/or handicapped persons equal opportunity to use and
enjoy housing. An accommodation is not reasonable if it imposes undue
financial and administrative burdens on the Village; or requires a
fundamental alteration to the Village's zoning scheme.
The foregoing, as interpreted by the Courts, shall be the basis for a decision upon a
Reasonable Accommodation request made by the Village Manager or designee.
i. Notice of Determination. The Village Manager or designee, shall issue a written
notice of determination to the applicant in accordance with Section (3)(g) above, which
shall:
1. Grant the accommodation request in full with no conditions;
2. Grant a portion of the request and deny a portion of the request;
3. Impose conditions upon the portion of the request that was granted; or
4. Deny the request. Any such denial shall state the grounds for the denial.
All written determinations shall give notice of the right to appeal. The notice of
determination shall be sent to the applicant(i.e. the disabled and/or handicapped person or
his/her authorized agent, attorney or representative) by certified mail, return receipt
requested.The notice of determination shall be sent to the applicant at the address listed by
the applicant on the application form, or as otherwise provided to the Village in writing.
J• ��•
1. Appeal from Notice of Determination by Village Manager or Desi�nee:
Within forty-five (45) days after the Village Manager or designee has
rendered a decision on a Reasonable Accommodation, the applicant may
appeal the decision. This timeframe shall be based upon the date that the
letter is mailed to the requesting party. All appeals shall contain a statement
containing sufficient detail of the grounds for the appeal. Appeals shall be
made to the Village Clerk's Office. The appeal shall be heard by the Special
Magistrate for Code Enforcement matters as set forth in the Village Code.
The Special Magistrate shall conduct a quasi-judicial public hearing on the
appeal as soon as reasonably practicable,but in no event later than sixty(60)
days after an appeal has been filed unless the applicant agrees in writing to
an extension of the hearing date. The Special Magistrate shall not be
required to render a decision on the request at the public hearing, but shall
render a determination no later than thirty (30) days after the conclusion of
the public hearing. Such public hearing shall be de novo.
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Once a public hearing date has been coordinated with the applicant and set,
the Village shall, at least ten(10) days prior to the hearing,post a notice of
hearing on the Village's public notice bulletin board and on its website,and
shall maintain copies available for review in the Village Clerk's office. The
notice shall contain a brief description of the request for Reasonable
Accommodation, the property to which the request is applicable, and the
time and place of the Special Magistrate hearing on the request. The notice
shall not contain any information relating to the applicant's specific
disability or other medical information.
The Special Magistrate's decision on the appeal shall be in writing and be
based on the criteria listed in Section (3)(h) above. The Special
Magistrate's decision shall be made in writing and may (a) grant the
accommodation request in full with no conditions; (b)grant a portion of the
request and deny a portion of the request; (c) impose conditions upon the
portion of the request that was granted; or(d) deny the request. Any denial
shall state the grounds for the denial. The Special Magistrate's decision
shall give notice of the right to appeal. The written decision of the Special
Magistrate shall be sent to the applicant (i.e., the disabled and/or
handicapped person or his/her authorized agent,attorney, or representative)
by certified mail, return receipt requested. The written decision shall be
sent to the applicant at the address listed by the applicant on the application
form, or as otherwise provided to the Village in writing.
2. Appeal from Special Magistrate's Decision: A Special Magistrate's
decision may be appealed by the Village or applicant within thirty(30)days
after the date on which the written decision is rendered. Such appeal shall
be made to the 15th Judicial Circuit Court in and for Palm Beach County,
Florida, in accordance with the rules of procedure governing appeals of
quasi-judicial decisions.
k. Stay of Enforcement. While an application for Reasonable Accommodation, or
appeal of a determination of same, is pending before the Village, the Village will
not enforce the subject land development regulation, other ordinance, or related
rules,policies,practices or procedures,against the applicant,except that the Village
may seek relief through its code enforcement process or an injunctive action if there
is an imminent threat to the health, safety and welfare of the public.
Section 2: This Resolution shall take effect immediately upon its adoption by the
Village Council.
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RESOLUTION ��'� ° Date
OS-18 �" � ' 02/08/2017
; �s.;�'
Motion Vice-Ma or Frank D'Ambra Second Council Member Vince Arena
VOTE
FOR ADOPTION AGAINST ADOPTION ABSENT
Mayor Abigail Brennan 0 � �
Vice-Mayor Frank D'Ambra 0 � �
Council Member Tom Paterno 0 � �
Council Member Vince Arena � � �
Council Member Steve Okun 0 � �
The Mayor thereupon declared the Resolution duly passed and adopted.
MAYOR OF TEQUESTA ATTEST:
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