Reasonable accommodations.
Tampa City Code § 27-62
in effectSec. 27-62. - Reasonable accommodations.
(a) This section implements the policy of the city for processing of requests for reasonable accommodation to its ordinances, rules, policies, and procedures for persons with disabilities as provided by the Federal Fair Housing Amendments Act (42 U.S.C. 3601, et seq.) ("FHA") and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131, et seq.) ("ADA"). For purposes of this section, a "disabled" individual or person is an individual that qualifies as disabled and/or handicapped under the FHA and/or ADA. Any person who is disabled (or qualifying entities) may request a reasonable accommodation with respect to this chapter or the city's practices and/or procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section.
(b) A request by an applicant for reasonable accommodation under this section shall be in a form provided by the city and shall include, at a minimum, the following information:
(1) Name, telephone number, physical address, and electronic mail address (if available) of the requesting party and representative, if applicable;
(2) Physical address of housing or other location at which accommodation is requested;
(3) Description of qualifying disability or handicap;
(4) Description of the accommodation and the specific regulation(s) and/or procedure(s) from which accommodation is sought; and
(5) Reasons the reasonable accommodation may be necessary for the individual with disabilities to use and enjoy the housing or other service.
(c) The applicable code authority, as set forth in this chapter, or designee, shall have the authority to consider and act on requests for reasonable accommodation.
(d) General process. Applications for reasonable accommodations shall be processed as follows:
(1) The applicable code authority, as set forth in this chapter, or designee, shall issue a written determination within thirty (30) working days of the date of receipt of a completed application and may, in accordance with federal law:
a. Grant the accommodation request;
b. Grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request; or
c. Deny the request. Any such denial shall be in writing and shall state the grounds therefore.
(2) All written determinations shall give notice of the right to seek review of a certification in the manner set forth in section 1-19, City of Tampa Code of Ordinances. The written determination shall be sent to the requesting party at the address listed in the application by certified mail, return receipt requested.
(3) Additional information. If reasonably necessary to reach a determination on the request for reasonable accommodation, the applicable code authority, as set forth in this chapter, or designee, may, prior to the end of said thirty-day period, request additional information from the requesting party, specifying in sufficient detail what information is required. The requesting party shall have fifteen (15) calendar days after, the date of the request for additional information, to provide the requested information. In the event a request for additional information is made, the thirty-working-day period to issue a written determination shall no longer be applicable, and the applicable code authority, as set forth in this chapter, or designee, shall issue a written determination within thirty (30) calendar days after receipt of the additional information. If the requesting party fails to provide the requested additional information within said fifteen-calendar-day period, the applicable code authority, as set forth in this chapter, or designee, shall issue a written notice, advising that the requesting party has failed to timely submit the additional information, and therefore the request for reasonable accommodation shall be deemed abandoned and withdrawn, and no further action by the city, with regard to said reasonable accommodation request, shall be required.
(e) In determining whether the reasonable accommodation request shall be granted or denied, the requesting party shall be required to establish the following:
(1) That the proposed accommodation(s) being sought is (are) reasonable and necessary to afford handicapped/disabled person(s) equal opportunity to use and enjoy housing or other service(s); and
(2) That the person(s) are protected under the FHA and/or ADA by demonstrating that said person(s) are handicapped or disabled, as defined in the FHA and/or ADA. Although the definition of disability is subject to judicial interpretation, for purposes of this section and pursuant to the ADA, the disabled person(s) must demonstrate one (1) of the following:
a. A physical or mental impairment, which substantially limits one (1) or more major life activities;
b. A record of having such impairment; or
c. That the person(s) is (are) regarded as having such impairment.
In addition to the above, the decision whether to grant or deny a request for a reasonable accommodation shall be based on the following factors:
(3) Whether the requested accommodation would impose an undue financial or administrative burden on the city; and
(4) Whether the requested accommodation would require a fundamental alteration of a material nature in the city's land use, zoning, or development policies.
The foregoing (as interpreted by the courts) shall be the basis for a decision upon a reasonable accommodation request made by the applicable code authority, as set forth in this chapter, or designee, or by city council.
(f) There shall be no fee imposed by the city in connection with a request for reasonable accommodation under this section, and the city shall have no obligation to pay a requesting party's attorneys' fees or costs in connection with the request.
(g) While an application for reasonable accommodation is pending before the city, the city will not enforce the subject zoning ordinance, rules, policies, and procedures against the applicant. However, should the applicant proceed with any property purchase, building, construction, or other work associated with establishing a project or residence housing for individuals covered by the Americans with Disabilities Act or the Fair Housing Act while an application for a reasonable accommodation is pending, the applicant understands that any of these actions are done at the applicant's own risk because the application may be denied.
(h) Granting of a reasonable accommodation does not affect obligations to comply with all applicable regulations not at issue in the requested accommodation.
(i) The following general provisions shall be applicable:
(1) The city shall display a notice on the city's webpage advising the public that disabled individuals (and qualifying entities) may request reasonable accommodation as provided herein.
(2) A disabled individual may apply for a reasonable accommodation on her/his own behalf, or may be represented at all stages of the reasonable accommodation process by a person designated by the disabled individual.
(3) The city shall provide such assistance and accommodation as is required pursuant to FHA and ADA in connection with a disabled person's request for reasonable accommodation, including without limitation, assistance with reading application questions, responding to questions, completing the form, etc., to ensure the process is accessible.
(Ord. No. 2018-150, § 2, 10-4-2018)
Source: City of Tampa, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/tampa/codes/code_of_ordinances?nodeId=COOR_CH27ZOLADE_ARTIIADGEPR_DIV1ESADOFDUPR_S27-62REACFetched: 10/28/2026