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. Section 12101 et seq. (or “ADA”); the Fair Housing Act, 42 U.S.C. Sections 3601 through 3619 (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.

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. (Ord. 6068, 6-13-2022)