Reasonable Accommodation Policy
CAMPLAND ON THE BAY®
2211 Pacific Beach Drive
San Diego, CA 92109
Equal Housing Opportunity
We do business in accordance with the Federal Fair Housing Law
It is illegal to discriminate against any person because of race, color, religion, sex, gender, gender identity or gender expression, handicap/disability, familial status, ancestry, national origin, or inclusion in any protected classification.
REASONABLE ACCOMMODATION POLICY
IT IS THE POLICY OF CAMPLAND ON THE BAY® (“RESORT”) TO COMPLY WITH ALL APPLICABLE FAIR HOUSING LAWS AT ALL TIMES. ALL OWNERS, MANAGERS, EMPLOYEES, AND AGENTS OF THE RESORT ARE LEGALLY PROHIBITED AND FORBIDDEN BY THE RESORT FROM HARASSING OR OTHERWISE DISCRIMINATING AGAINST ANYONE WITH RESPECT TO ANY ASPECT OF RENTING HOUSING BECAUSE OF RACE, COLOR, RELIGION, FAMILIAL STATUS, ANCESTRY, NATIONAL ORIGIN, SEX, GENDER, GENDER IDENTITY OR GENDER EXPRESSION, DISABILITY / HANDICAP, NEED FOR REASONABLE ACCOMMODATION OR EXERCISE OF ANY OTHER PROTECTED RIGHTS UNDER FEDERAL FAIR HOUSING ACT (“FHA”) OR CALIFORNIA STATE LAW. TENANTS/OCCUPANTS1 OF THE RESORT, PERSONS ASSOCIATED WITH THE TENANTS/OCCUPANTS, AND PROSPECTIVE TENANTS/ OCCUPANTS HAVE THE RIGHT NOT TO BE WRONGFULLY DISCRIMINATED AGAINST OR HARASSED. ANY OWNER, MANAGER, EMPLOYEE, OR AGENT OF MANAGEMENT WHO DOES NOT COMPLY WITH THIS FAIR HOUSING POLICY COULD BE SUBJECT TO DISCIPLINARY ACTION, TERMINATION OF EMPLOYMENT, AND/OR SANCTIONS BY A COURT OF LAW.
1 Tenant and Occupant are defined by the California Recreational Vehicle Occupancy Law, California Civil Code § 799.20 et seq.
A Tenant/Occupant, a person associated with a Tenant/Occupant (such as a guest or household member) and Prospective Tenants/Occupants are entitled to a reasonable accommodation based on a disability with respect to the Resort’s rules, regulations, practices, standards, policies and services, under the requirements of the FHA, as administered and enforced by the U.S. Department of Justice and the US Department of Housing and Urban Development (“HUD”) and the California Civil Code Section 54.1 et seq., as administered and enforced by the California Department of Fair Employment and Housing (“DFEH”) and the California Attorney General’s Office, when the reasonable accommodation is needed because of disability (handicap). If the accommodation is needed because of disability, and is reasonable, it must be granted. An accommodation is reasonable when it does not create an undue financial or administrative burden and does not fundamentally change the housing services offered. When a tenant/occupant, a person associated with a tenant/occupant (such as a guest or household member) or a prospective tenant/occupant receives a reasonable accommodation, the regular rules, regulations, practices, standards, policies, and services are still applicable to all other Tenant/Occupants, persons associated with Tenants/Occupants, and prospective Tenants/Occupants of the Resort.
REASONABLE ACCOMMODATION PROCEDURES
A “reasonable accommodation” is any change, exception, or adjustment to a rule, regulation, policy, practice, or service necessary for a person with a disability to have an equal opportunity to use and enjoy a lot, including public and common use areas within the Resort. Reasonable accommodations include, without limitation, the following examples:
- Allowing you a waiver or modification in the rules, regulations, or policies or how we do things that would make it easier for you to stay here.
- Allowing a change to a campsite that would make it easier for you to stay here.
- Allowing a change to a common area facility or common / publicly accessible area to give you access to the same.
- Allowing a change in the way we communicate with you or give you information.
The FHA makes it unlawful to refuse to make reasonable accommodations to rules, regulations, policies, practices, or services when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a campsite, including the use and enjoyment of the public and common use area.
We do not and cannot require persons with disabilities to pay extra fees or deposits as a condition of receiving a reasonable accommodation for their handicap or disability.
We, as a “housing” provider (for camping) under the law, can deny a request for a reasonable accommodation if the request was not made by or on behalf of a person with a handicap or disability or if there is no disability-related need for the accommodation requested. In addition, a request for a reasonable accommodation may be denied if providing the accommodation is not reasonable – i.e., if it would impose an undue financial and administrative burden on us as the housing provider or it would fundamentally alter the nature of the Resort’s operations. The determination of undue financial and administrative burden must be made on a case-by-case basis involving various factors, such as the cost of the requested accommodation, the financial resources of the Resort, the benefits that the accommodation would provide to the requester, and the availability of alternative accommodations that would effectively meet the requester's disability-related needs.
Management is required by law to keep all information about the disability confidential. A Tenant/Occupant, a person associated with a Tenant/Occupant (such as a guest or household member), and a Prospective Tenant/Occupant may be asked for information about the handicap or disability that is directly relevant to the need for and provision of an accommodation, and Management will generally assume that the person requesting a reasonable accommodation is the most knowledgeable with respect to his/her handicap or disability and the required accommodations for the same.
A Tenant/Occupant, a person associated with a Tenant/Occupant (such as a guest or household member) and a Prospective Tenant/Occupant should make written requests for reasonable accommodations in order to ensure that the Resort fully understands the request for reasonable accommodation so it can be adequately and timely addressed. The following form may be used for that purpose. Additional copies are available upon request. This information will form the basis of the interactive process between the Tenant/Occupant or applicant and the Resort as the interactive process proceeds. The Request for Reasonable Accommodation form is for you to complete. Management will complete the Response to Request for Reasonable Accommodation form. Management will respond in writing to all oral and written requests for reasonable accommodations within two weeks or sooner if the situation requires an immediate response. A request by a Tenant/Occupant or Prospective Tenant/Occupant for a reasonable accommodation may only be denied, in compliance under the FHA and state law, after Management has determined, based on the case-specific facts and evidence, that the accommodation is “not reasonable” or that it will create an undue financial hardship on the Resort. Management will not provide you with an “oral” response so the Parties have a written record of the interactive process. Although written requests for reasonable accommodations are preferred and strongly encouraged for the benefit of all parties concerned, the Resort does not require Tenants/Occupants or Prospective Tenant/Occupant to make such requests in writing and will not deny a request for accommodation solely because it was not made in writing.
The Resort will comply with its obligation under the Fair Housing Act to provide prompt responses to reasonable accommodation requests.
If the Resort refuses a requested accommodation because it is not reasonable, Resort Management will discuss with the requester whether there is an alternative accommodation that would effectively address the requester's disability-related needs without a fundamental alteration to the Resort's operations and without imposing an undue financial and administrative burden. If an alternative accommodation would effectively meet the requester's disability-related needs and is reasonable, the provider must grant it. An interactive process in which the housing provider and the requester discuss the requester's disability-related need for the requested accommodation and possible alternative accommodations is helpful to all concerned because it often results in an effective accommodation for the requester that does not pose an undue financial and administrative burden for the provider.
For clarification, nothing in this Policy is intended to imply that any Tenant/Occupant or other user of the Resort is entitled to become a resident or to occupy any Lot for nine months or more; any such extended occupancy is strictly prohibited.
[REQUEST FOR REASONABLE ACCOMMODATION FORM FOLLOWS]
CAMPLAND ON THE BAY® REQUEST FOR REASONABLE ACCOMMODATION (use of this form is encouraged, but not required)
I occupy/intend to occupy campsite no.: ________________________________
The following member of my household has a disability:_____________________________________________________
Please provide this reasonable accommodation (specify accommodation(s) being requested):*
This reasonable accommodation is necessary because:* ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________
Please return the form to Campland on the Bay by mail, in-person or via email:
Campland on the Bay
Attn: Registration 2211 Pacific Beach Drive
San Diego, CA 92109