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California Department of
Housing and Community Development

Constraints for People with Disabilities

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(916) 263-2911

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Government Code Section 65583(a)(4) requires: “an analysis of potential and actual government constraints upon the maintenance, improvement or development of housing… for persons with disabilities as identified in the analysis pursuant to paragraph (4) of subdivision (a), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting … the need for housing for persons with disabilities (see Screen 7).

Government Code Section 65583(c)(3) requires the housing element provide a program to ”address and where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing for persons with disabilities. The program shall remove constraints to and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities.”

Requisite Analysis

Housing element law requires that in addition to the needs analysis for people with disabilities, the housing element must analyze potential governmental constraints to the development, improvement, and maintenance of housing for people with disabilities; demonstrate local efforts to remove any such constraints; and provide for reasonable accommodations for persons with disabilities through programs that remove constraints.

Ordinances, policies, or practices enacted to protect the health and safety of citizens and further the general welfare must be periodically reexamined to determine whether they are accomplishing their intended purpose or, in practice, constitute a barrier to the maintenance, improvement, or development of housing with the effect of excluding housing variety and availability for the people with disabilities.

The analysis of potential and actual constraints upon the development, maintenance and improvement of housing for persons with disabilities must include, but need not be limited to:

Review Zoning and Land-Use Policies and Practices

Policies and procedures should:

Evaluate the Permit and Processing Procedures

Review the permitting and processing procedures for:

Review the Building Codes

Identify:

Review for Reasonable Accommodation Procedure

Evaluate the reasonable accommodation procedure in order to:

Review for Programs

Helpful Hints

Sample Analyses


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