California town approves ordinance that allows disabled citizens to request home accommodations

From Simi Valley Acorn in California:

The City Council last week unanimously approved a text amendment to the city's development code that allows disabled people to request reasonable accommodations be made to their homes.

Under the new ordinance, Simi's disabled residents will be able to formally apply for permission to add hand railings, access ramps or wider front doors, even if the addition of such features is inconsistent with the conditions of their residential complex or the design guidelines of the city.

In the past, a resident had to apply for a minor adjustment to make these kinds of changes to their residence. However, the alterations had to be in full compliance with the development and municipal codes and with all previously issued conditions of approval.

This is not the case with a reasonable adjustment, which gives the planning director more flexibility in granting changes that will allow disabled people to have equal access to their homes.

"I think this is a really important addition to what we have in place," Councilmember Barbra Williamson said.

The cost of a modification falls to the person applying for the reasonable accommodation.

Local housing advocate Judy Pepiot spoke in favor of the ordinance, citing a 2005 survey in which 12 of the county's disabled persons said they had experienced discrimination after being denied reasonable accommodation due to their disability.

"This seems to me just a very logical step that needs to be done," Pepiot said. "If that many people felt discriminated against in our county, new laws need to be passed."

The planning commission gave its approval for the amendment in December.

The new ordinance outlines an application procedure for reasonable accommodation under the Fair Housing Act and the California Fair Employment and Housing Act.

According to Rob Bruce, deputy director of housing and special projects for the city, the application process is similar to that of a minor adjustment.

Individuals submit their applications to Peter Lyons, the director of environmental services, who can then approve, deny or refer requests to the planning commission.

The application fee is $501, which Williamson said she found to be "awful high."

But, Lyons said, applicants would be charged the fee—which is the same as for a minor adjustment—only if the reasonable accommodation request resulted in a modification of the unit's original approvals.

"If they can do it within the code, then we don't charge anything," Lyons said after the meeting. "If we can widen a door through an over-the-counter permit, then we do it."

In order to grant a reasonable accommodation request, the city would have to find that the modifications are necessary to make specific housing available to an individual with a disability. While the changes cannot modify zoning ordinance or General Plan requirements, it can deviate from existing conditions and design guidelines.

Bruce said the ordinance is not applicable during the approval process of a new construction project.

Rather, it's meant to be used when someone purchases a preexisting unit and needs to make changes, such as adding a ramp or widening the doorway, to access the home.

"It wouldn't be to make all units in a project serviceable to all persons of disabilities," he said. "It would be on a case-by-case basis."

Bruce said the ultimate goal of the amendment was to create a simple method for disabled people to improve their living situations. He added that the ordinance is geared toward people living in apartment complexes or condominiums.

In the case of an apartment, the tenant—not the landlord—would pay for the necessary changes, Bruce said.

For those living in a condo, the person making the request would have to obtain approval from their homeowners association before making any modifications.

Like the city, HOAs are compelled by federal law to make reasonable accommodations for fair housing purposes, he said.

The ordinance will go into effect after 30 days.