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Commission reviews federal guidance on reasonable accommodations; staff to draft ordinance language
Summary
Commissioners discussed incorporating Fair Housing Act and ADA guidance into local zoning rules on reasonable modifications and accommodations, asked staff to reference federal law rather than restating definitions, and deferred a final ordinance until more review and attorney availability.
Planning staff briefed the Planning and Zoning Commission on federal guidance for reasonable modifications and accommodations after commissioners raised questions about how prior convictions and current substance use interact with disability definitions.
Paul, planning staff, referenced Department of Justice guidance and said the Fair Housing Act clarifies that current illegal drug users and certain narrow categories (for example, persons currently engaged in manufacturing or distribution of controlled substances) are not automatically considered protected by the disability provisions. Staff noted that a past conviction alone does not automatically bar a claim that a person has a disability.
Patrick, planning staff, recommended removing the ordinance's detailed definition language and instead referencing the Fair Housing Act's definition of disability directly in the local code so future federal amendments would automatically inform local interpretation. "I would take out the verbiage out of our text and just reference the Fair Housing Act of disability per the Fair Housing Act and leave it at that," Patrick said.
Commissioners and staff discussed practical implementation questions, including who would be responsible for removing temporary modifications when they are no longer needed and whether the local ordinance should specify enforcement or restoration responsibilities. Staff said federal funding can affect who pays for removals in multi-family and institutional settings and that routine owner-tenant arrangements (for example, a tenant installing a ramp) raise different practical questions than federally funded housing.
No ordinance was adopted. The commission directed staff to revise the draft to rely on the Fair Housing Act and ADA definitions and to return the item for further review and public hearing at a later meeting; the city attorney will participate when scheduling allows.
The commission did not set an immediate adoption timeline; staff indicated the matter will return for further drafting and review with more detail about restoration/removal responsibilities.
