[Federal Register Volume 61, Number 47 (Friday, March 8, 1996)]
[Rules and Regulations]
[Pages 9536-9544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5298]
[[Page 9535]]
_______________________________________________________________________
Part II
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Secretary
_______________________________________________________________________
Regulatory Reinvention; Consolidated Pet Ownership Requirements for the
Elderly and Persons With Disabilities; Final Rule
Federal Register / Vol. 61, No. 47 / Friday, March 8, 1996 / Rules
and Regulations
[[Page 9536]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
24 CFR Parts 5, 243, 842, and 942
[Docket No. FR-3942-F-01]
RIN 2501-AC07
Regulatory Reinvention; Consolidated Pet Ownership Requirements
for the Elderly and Persons With Disabilities
AGENCY: Office of the Secretary, HUD.
ACTION: Final rule.
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SUMMARY: This final rule consolidates HUD's pet ownership rules for its
housing and public housing programs. Currently, these similar
requirements are repeated in 24 CFR parts 243, 842, and 942. These
parts implement section 227 of the Housing and Urban-Rural Recovery Act
of 1983. Section 227 provides that no owner or manager of federally
assisted housing for the elderly or persons with disabilities may
prevent tenants of such housing from owning or keeping common household
pets in their units. HUD's consolidation of its pet ownership rules
will eliminate redundancy from title 24 and assist in HUD's effort to
comply with President Clinton's regulatory reinvention initiative.
EFFECTIVE DATE: April 8, 1996.
FOR FURTHER INFORMATION CONTACT: For Housing: Barbara D. Hunter, Room
6182, telephone number (202) 708-3944; For Public and Indian Housing:
Linda Campbell, Room 4206, telephone number (202) 708-0744; Department
of Housing and Urban Development, 451 Seventh Street, SW., Washington,
DC 20410. Hearing or speech-impaired individuals may call 1-800-877-
8339 (Federal Information Relay Service TDD). (Except for the ``800''
number, these telephone numbers are not toll-free.)
SUPPLEMENTARY INFORMATION:
I. Background
A. HUD's Implementation of Section 227 of the Housing and Urban-Rural
Recovery Act of 1983
Section 227 of the Housing and Urban-Rural Recovery Act of 1983 (12
U.S.C. 1701r-1) provides that no owner or manager of federally assisted
rental housing for the elderly or persons with disabilities 1 may,
as a condition of tenancy or otherwise, prohibit or prevent tenants of
such housing from owning or keeping common household pets in their
units, or restrict or discriminate against persons in connection with
admission to, or continued occupancy of, such housing because they own
common household pets.
\1\ Section 227 uses the term ``federally assisted rental
housing for the elderly or handicapped.'' HUD prefers the use of the
term ``persons with disabilities'' to the term ``handicapped.''
Accordingly, this final rule uses the term ``persons with
disabilities.''
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The statute directs HUD to issue regulations necessary to ensure
compliance with these provisions and to ensure attaining the goal of
providing decent, safe, and sanitary housing for the elderly or persons
with disabilities. The statute also requires that these regulations
establish guidelines under which owners and managers may prescribe
reasonable rules for the keeping of pets by tenants and must consult
with tenants in prescribing the rules.
On December 1, 1986 (51 FR 43270), HUD published a final rule
creating three new parts in title 24 to implement section 227. Part 243
describes the pet ownership requirements for programs administered by
the Assistant Secretary for Housing-Federal Housing Commissioner. Part
942 implements section 227 as it pertains to the public housing
programs administered by the Assistant Secretary for Public and Indian
Housing. Part 842, which concerns the pet ownership rules for programs
assisted under chapter VIII of title 24, merely cross-references the
requirements in 24 CFR part 243.
Parts 243 and 942 are identical in many significant respects, but
there are differences. Part 942 provides Public Housing Agencies (PHAs)
with substantial discretion in the issuance of pet ownership rules. In
contrast, part 243 establishes certain limitations on the flexibility
of project owners in the promulgation of pet rules. As explained in the
preamble to the December 1, 1986 final rule, HUD's decision to
establish a flexible standard for PHAs was based on the broad
discretion contemplated for PHAs under the United States Housing Act of
1937 (42 U.S.C. 1437) (1937 Act) and the policy towards minimization of
Federal control over public bodies created by local government:
(O)ne of the major policies of the United States Housing Act of
1937 * * * is ``* * * to vest in local public housing agencies the
maximum amount of responsibility in the administration of their
housing programs * * *'' (section 2 of the 1937 Act, 42 U.S.C.
1437). Moreover PHAs are public bodies created by State, local, and
tribal governments and traditionally have jurisdiction over a broad
area. Giving these entities greater responsibility for the
management of projects serves the goal of minimizing Federal control
over matters of local concern that are within the competency of
local governments. (51 FR 43270, 43271.)
The preamble to the December 1, 1986 rule also emphasized that
HUD's decision to limit project owner discretion did not indicate a
lack of confidence in the administrative abilities of project owners.
Rather, the decision stemmed from the fact that absent Federal
guidance, project owners were unlikely to receive any governmental
guidance in the implementation of section 227:
(I)n some instances, project owners' expertise will equal or
surpass that of their PHA counterparts. (HUD) also note(s), however,
that project owners, unlike PHAs, are unlikely to receive guidance
in the management of their projects from nonmortgagee agencies of
State or local government. (51 FR 43270, 43271.)
B. President Clinton's Regulatory Reinvention Initiative
On March 4, 1995, President Clinton announced his Regulatory
Reinvention Initiative, which calls for immediate, comprehensive
regulatory reform. The President directed all Federal departments and
agencies to undertake an exhaustive review of their regulations. This
initiative, which is part of the National Performance Review, calls for
the elimination of redundant or obsolete regulatory requirements and
the modification of others to increase flexibility and reduce burden.
On February 9, 1996 (61 FR 5198), HUD published a final rule
creating a new 24 CFR part 5. HUD established part 5 to set forth those
requirements which are applicable to one or more program regulations.
Consolidation of these requirements in part 5 will eliminate redundancy
in title 24 and assist in HUD's overall efforts to streamline the
content of its regulations. Accordingly, this final rule removes parts
243, 842, and 943 from title 24 and consolidates HUD's pet ownership
rules in a new subpart C to 24 CFR part 5.
Although HUD is consolidating its pet ownership requirements, it is
not presently modifying its dual approach towards implementation of
section 227. This final rule eliminates redundancy in the existing pet
ownership requirements wherever possible, but it retains those
provisions which are exclusively applicable to HUD's housing or public
housing programs.
The provisions of part 5, subpart C, are organized under three
headings. The provisions included under the first heading describe
those pet ownership requirements which are applicable to both housing
and public housing programs. The second group of
[[Page 9537]]
regulatory provisions set forth the requirements which are solely
applicable to HUD's housing programs. The third group of requirements
describes the pet rules for public housing programs.
Nothing contained in this regulation limits or impairs the right of
a person with a disability under either the Fair Housing Act, section
504 of the Rehabilitation Act of 1973, or any other appropriate civil
rights authority, to a reasonable accommodation of a pet policy, where
it is established that an animal is necessary to afford a person with a
disability an equal opportunity to use and enjoy a dwelling.
C. Appendices to Final Rule.
Section 5.306 of this final rule sets forth separate definitions of
the term ``Project for the elderly or persons with disabilities'' for
HUD's Housing and Public Housing programs. The definition applicable to
the Housing programs states that projects must be assisted under
certain HUD programs in order to qualify as projects for the elderly or
persons with disabilities. Further, paragraph (d)(2) of Sec. 5.318
limits the pet deposit charges that may be imposed by project owners
assisted under certain HUD programs. In order to eliminate the
necessity of amending these regulatory provisions as HUD programs are
created, terminated, or amended, HUD has not listed the relevant
programs in the regulation. Rather, Secs. 5.306 and 5.318 state that
HUD will identify these programs through notice.
Appendix A to this final rule identifies those Housing programs
which insure or assist projects for the elderly or persons with
disabilities. Appendix B to this final rule lists HUD's Housing
programs which are affected by the maximum pet deposit provisions.
Neither of these appendices will be codified in title 24 of the Code of
Federal Regulations. HUD may update these appendices, as necessary,
through notice.
II. Justification for Final Rulemaking
It is HUD's policy to publish rules for public comment before their
issuance for effect in accordance with its own regulations on
rulemaking found at 24 CFR part 10. However, part 10 provides that
prior public procedure will be omitted if HUD determines that it is
``impracticable, unnecessary, or contrary to the public interest.'' (24
CFR 10.1.) HUD finds that in this case prior comment is unnecessary
since this final rule does not affect or establish policy. This rule
merely consolidates HUD's pet ownership requirements for its housing
and public housing programs in 24 CFR part 5. Where consolidation is
not possible, this rule retains those provisions which are exclusively
applicable to HUD's housing or public housing programs. This final rule
does not add or remove program requirements, but merely relocates them
to a single part of HUD's regulations.
III. Other Matters
A. Environmental Impact
This rulemaking does not have an environmental impact. This
rulemaking simply amends existing regulations by consolidating and
streamlining provisions and does not alter the environmental effect of
the regulations being amended. A Finding of No Significant Impact with
respect to the environment was made in accordance with HUD regulations
in 24 CFR part 50 that implement section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) at the time of
development of regulations implementing Section 227 of the Housing and
Urban-Rural Recovery Act of 1983 (12 U.S.C. 1701r-1). That Finding
remains applicable to this rule, and is available for public inspection
between 7:30 a.m. and 5:30 p.m. weekdays in the Office of the Rules
Docket Clerk at the above address.
B. Executive Order 12612, Federalism
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the policies
contained in this rule will not have substantial direct effects on
States or their political subdivisions, or the relationship between the
Federal government and the States, or on the distribution of power and
responsibilities among the various levels of government. Specifically,
this final rule merely consolidates the pet ownership requirements
currently repeated in three separate parts of title 24. This rule
effects no changes in the current relationships between the Federal
government, the States and their political subdivisions in connection
with these programs.
C. Executive Order 12606, the Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this final rule does not
have potential for significant impact on family formation, maintenance,
and general well-being, and, thus, is not subject to review under the
order. This final rule consolidates HUD's frequently repeated pet
ownership requirements in 24 CFR part 5. No significant change in
existing HUD policies or programs will result from promulgation of this
rule as those policies and programs relate to family concerns.
D. Regulatory Flexibility Act
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed and approved this rule and in so doing
certifies that this rule will not have a significant economic impact on
a substantial number of small entities. This rule merely effectuates
HUD's consolidation of its pet ownership rules and will not have any
meaningful economic impact on any entity.
List of Subjects
24 CFR Part 5
Administrative practice and procedure, Aged, Grant programs--
housing and community development, Individuals with disabilities, Loan
programs--housing and community development, Low and moderate income
housing, Mortgage insurance, Pets, Public housing, Rent subsidies,
Reporting and recordkeeping requirements.
24 CFR Part 243
Aged, Grant programs--housing and community development,
Individuals with disabilities, Loan programs--housing and community
development, Low and moderate income housing, Mortgage insurance, Pets,
Reporting and recordkeeping requirements.
24 CFR Part 842
Aged, Grant programs--housing and community development,
Individuals with disabilities, Low and moderate income housing, Pets,
Rent subsidies.
24 CFR Part 942
Aged, Grant programs--housing and community development,
Individuals with disabilities, Pets, Public housing, Reporting and
recordkeeping requirements.
Accordingly, and under the authority of 42 U.S.C. 3535(d), 24 CFR
parts 5, 243, 842, and 942 are amended as follows:
PART 5--GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS
1. The authority citation for part 5 is revised to read as follows:
Authority: 12 U.S.C. 1701r-1; 42 U.S.C. 3535(d).
2. A new subpart C is added to read as follows:
[[Page 9538]]
Subpart C--Pet Ownership for the Elderly or Persons With Disabilities
Sec.
General Requirements
5.300 Purpose.
5.303 Exclusion for animals that assist persons with disabilities.
5.306 Definitions.
5.309 Prohibition against discrimination.
5.312 Notice to tenants.
5.315 Content of pet rules: general requirements.
5.318 Discretionary pet rules.
5.321 Lease provisions.
5.324 Implementation of lease provisions.
5.327 Nuisance or threat to health or safety.
Pet Ownership Requirements for Housing Programs
5.350 Mandatory pet rules for Housing programs.
5.353 Housing programs: Procedure for development of pet rules.
5.356 Housing programs: Pet rule violation procedures.
5.359 Housing programs: Rejection of units by applicants for
tenancy.
5.360 Housing programs: Additional lease provisions.
5.363 Housing programs: Protection of the pet.
Pet Ownership Requirements for Public Housing Programs
5.380 Public housing programs: Procedure for development of pet
rules.
Subpart C--Pet Ownership for the Elderly or Persons With
Disabilities
General Requirements
Sec. 5.300 Purpose.
(a) This subpart implements section 227 of the Housing and Urban-
Rural Recovery Act of 1983 (12 U.S.C. 1701r-1) as it pertains to
projects for the elderly or persons with disabilities under:
(1) The housing programs administered by the Assistant Secretary
for Housing-Federal Housing Commissioner;
(2) Projects assisted under the programs contained in chapter VIII
of this title 24; and
(3) The public housing programs administered by the Assistant
Secretary for Public and Indian Housing under title I of the United
States Housing Act of 1937 (42 U.S.C. 1437, et seq.). This part does
not apply to Indian housing administered under title II of that Act.
(b) [Reserved].
Sec. 5.303 Exclusion for animals that assist persons with
disabilities.
(a) This subpart C does not apply to animals that are used to
assist persons with disabilities. Project owners and PHAs may not apply
or enforce any pet rules developed under this subpart against
individuals with animals that are used to assist persons with
disabilities. This exclusion applies to animals that reside in projects
for the elderly or persons with disabilities, as well as to animals
that visit these projects.
(1) A project owner may require resident animals to qualify for
this exclusion. Project owners must grant this exclusion if:
(i) The tenant or prospective tenant certifies in writing that the
tenant or a member of his or her family is a person with a disability;
(ii) The animal has been trained to assist persons with that
specific disability; and
(iii) The animal actually assists the person with a disability.
(b) Nothing in this subpart C:
(1) Limits or impairs the rights of persons with disabilities;
(2) Authorizes project owners or PHAs to limit or impair the rights
of persons with disabilities; or
(3) Affects any authority that project owners or PHAs may have to
regulate animals that assist persons with disabilities, under Federal,
State, or local law.
Sec. 5.306 Definitions.
Common household pet means:
(1) For purposes of Housing programs: A domesticated animal, such
as a dog, cat, bird, rodent (including a rabbit), fish, or turtle, that
is traditionally kept in the home for pleasure rather than for
commercial purposes. Common household pet does not include reptiles
(except turtles). If this definition conflicts with any applicable
State or local law or regulation defining the pets that may be owned or
kept in dwelling accommodations, the State or local law or regulation
shall apply. This definition shall not include animals that are used to
assist persons with disabilities.
(2) For purposes of Public Housing programs: PHAs may define the
term ``common household pet'' under Sec. 5.318.
Elderly or disabled family means:
(1) For purposes of Housing programs: An elderly person, a person
with a disability, or an elderly or disabled family for purposes of the
program under which a project for the elderly or persons with
disabilities is assisted or has its mortgage insured.
(2) For purposes of Public Housing programs: (i) An elderly person,
a person with a disability, or an elderly or disabled family as defined
in Sec. 5.403 in subpart A of this part.
Housing programs means:
(1) The housing programs administered by the Assistant Secretary
for Housing-Federal Housing Commissioner; and
(2) The programs contained in chapter VIII of this title 24 that
assist rental projects that meet the definition of project for the
elderly or persons with disabilities in this subpart C.
Project for the elderly or persons with disabilities means:
(1) For purposes of Housing programs: (i) A specific rental or
cooperative multifamily property that, unless currently owned by HUD,
is subject to a first mortgage, and:
(A) That is assisted under statutory authority identified by HUD
through notice;
(B) That was designated for occupancy by elderly or disabled
families when funds for the project were reserved, or when the
commitment to insure the mortgage was issued or, of not then so
designated, that is designated for such occupancy in an effective
amendment to the regulatory agreement covering the project, made
pursuant to the project owner's request, and that is assisted or
insured under one of the programs identified by HUD through notice; or
(C) For which preference in tenant selection is given for all units
in the project to elderly or disabled families and that is owned by HUD
or assisted under one of the programs identified by HUD through notice.
(ii) This term does not include health and care facilities that
have mortgage insurance under the National Housing Act. This term also
does not include any of the project owner's other property that does
not meet the criteria contained in any one of paragraphs (1)(i)(A)
through (C) of this definition, even if the property is adjacent to or
under joint or common management with such specific property.
(2) For purposes of Public Housing programs: Any project assisted
under title I of the United States Housing Act of 1937 (other than
under section 8 or 17 of the Act), including any building within a
mixed-use project, that was designated for occupancy by the elderly or
persons with disabilities at its inception or, although not so
designated, for which the PHA gives preference in tenant selection
(with HUD approval) for all units in the project (or for a building
within a mixed-use project) to elderly or disabled families. For
purposes of this part, this term does not include projects assisted the
Low-Rent Housing Homeownership Opportunity program or under title II of
the United States Housing Act of 1937.
Project owner means an owner (including HUD, where HUD is the
owner) or manager of a project for the
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elderly or persons with disabilities, or an agent authorized to act for
an owner or manager of such housing.
Public Housing Agency (PHA) is defined in Sec. 5.100.
Public Housing programs means the public housing programs
administered by the Assistant Secretary for Public and Indian Housing
under title I of the United States Housing Act of 1937.
Sec. 5.309 Prohibition against discrimination.
Except as otherwise specifically authorized under this subpart no
project owner or PHA that owns or manages a project for the elderly or
persons with disabilities may:
(a) As a condition of tenancy or otherwise, prohibit or prevent any
tenant of such housing from owning common household pets or having such
pets living in the tenant's dwelling unit; or
(b) Restrict or discriminate against any person in connection with
admission to, or continued occupancy of, such housing by reason of the
person's ownership of common household pets or the presence of such
pets in the person's dwelling unit.
Sec. 5.312 Notice to tenants.
(a) During the development of pet rules as described in Secs. 5.353
or 5.380, the project owner or PHA shall serve written notice on all
tenants of projects for the elderly or persons with disabilities in
occupancy at the time of service, stating that:
(1) Tenants are permitted to own and keep common household pets in
their dwelling units, in accordance with the pet rules (if any)
promulgated under this subpart C;
(2) Animals that are used to assist persons with disabilities are
excluded from the requirements of this subpart C, as provided in
Sec. 5.303;
(3) Tenants may, at any time, request a copy of any current pet
rule developed under this subpart C (as well as any current proposed
rule or proposed amendment to an existing rule); and
(4) Tenants may request that their leases be amended under
Sec. 5.321 to permit common household pets.
(b) The project owner or PHA shall provide to each applicant for
tenancy when he or she is offered a dwelling unit in a project for the
elderly or persons with disabilities, the written notice specified in
paragraphs (a) (1), (2), and (3) of this section.
(c) If a PHA chooses not to promulgate pet rules, the notice shall
be served within 60 days of the effective date of this part. PHAs shall
serve notice under this section in accordance with their normal service
of notice procedures.
Sec. 5.315 Content of pet rules: general requirements.
(a) Housing programs. The project owner shall prescribe reasonable
rules to govern the keeping of common household pets. The pet rules
must include the mandatory rules described in Sec. 5.350 and may,
unless otherwise noted in this subpart C, include other discretionary
provisions as provided in Sec. 5.318.
(b) Public Housing programs. (1) PHAs may choose not to promulgate
rules governing the keeping of common household pets or may include
rules as provided in Sec. 5.318. PHAs may elect to include provisions
based on those in Sec. 5.350. If they so choose, the PHAs may modify
the provisions in Sec. 5.350 in any manner consistent with this subpart
C.
(2) If PHAs choose to promulgate pet rules, tenants must be
permitted to own and keep pets in their units in accordance with the
terms and conditions of their leases, the provisions of this subpart C,
and any applicable State or local law or regulation governing the
owning or keeping of pets in dwelling accommodations.
(3) PHAs that choose not to promulgate pet rules, shall not impose,
by lease modification or otherwise, any requirement that is
inconsistent with the provisions of this subpart C.
(c) Use of discretion. (1) This subpart C does not define with
specificity the limits of the project owners' or PHAs' discretion to
promulgate pet rules. Where a project owner or PHA has discretion to
prescribe pet rules under this subpart C, the pet rules should be:
(i) Reasonably related to furthering a legitimate interest of the
project owner or PHA, such as the owner's or PHA's interest in
providing a decent, safe, and sanitary living environment for existing
and prospective tenants and in protecting and preserving the physical
condition of the project and the owner's or PHA's financial interest in
it; and
(ii) Drawn narrowly to achieve the owner's or PHA's legitimate
interests, without imposing unnecessary burdens and restrictions on pet
owners and prospective pet owners.
(2) Where a project owner or PHA has discretion to prescribe pet
rules under this subpart C, the owner or PHA may vary the rules'
content among projects and within individual projects, based on factors
such as the size, type, location, and occupancy of the project or its
units, provided that the applicable rules are reasonable and do not
conflict with any applicable State or local law or regulation governing
the owning or keeping of pets in dwelling accommodations.
(d) Conflict with State or local law. The pet rules adopted by the
project owner or PHA shall not conflict with applicable State or local
law or regulations. If such a conflict may exist, the State and local
law or regulations shall apply.
Sec. 5.318 Discretionary pet rules.
Pet rules promulgated by project owners and PHAs may include, but
are not limited to, consideration of the following factors:
(a) Definitions of ``common household pet.''--(1) For Public
Housing programs. The pet rules established by a PHA may contain a
reasonable definition of a common household pet.
(2) For Housing programs. Project owners wishing to define ``common
household pet'' in their pet rules must use the Housing programs
definition of the term in Sec. 5.306.
(b) Density of tenants and pets. (1)(i) The pet rules established
under this section may take into account tenant and pet density. The
pet rules may place reasonable limitations on the number of common
household pets that may be allowed in each dwelling unit. In the case
of group homes, the pet rules may place reasonable limitations on the
number of common household pets that may be allowed in each home.
(ii) For Housing programs. Under these rules, project owners may
limit the number of four-legged, warm-blooded pets to one pet in each
dwelling unit or group home.
(iii) Other than the limitations described in this paragraph
(b)(1), the pet rules may not limit the total number of pets allowed in
the project.
(2) As used in paragraph (b)(1) of this section, the term ``group
home'' means:
(i) For purposes of Housing programs. A small, communal living
arrangement designed specifically for individuals who are chronically
mentally ill, developmentally disabled, or physically disabled who
require a planned program of continual supportive services or
supervision (other than continual nursing, medical or psychiatric
care).
(ii) For purposes of Public Housing programs. A dwelling or
dwelling unit for the exclusive residential use of elderly persons or
persons with disabilities who are not capable of living completely
independently and who require a planned program of continual supportive
services or supervision (other than continual nursing, medical or
psychiatric care).
(c) Pet size and pet type. The pet rules may place reasonable
limitations on the size, weight, and type of common household pets
allowed in the project.
[[Page 9540]]
(d) Potential financial obligations of tenants (1) Pet deposits.
The pet rules may require tenants who own or keep pets in their units
to pay a refundable pet deposit. In the case of project owners, this
pet deposit shall be limited to those tenants who own or keep cats or
dogs in their units. This deposit is in addition to any other financial
obligation generally imposed on tenants of the project. The project
owner or PHA may use the pet deposit only to pay reasonable expenses
directly attributable to the presence of the pet in the project,
including (but not limited to) the cost of repairs and replacements to,
and fumigation of, the tenant's dwelling unit and, for project owners,
the cost of animal care facilities under Sec. 5.363. The project owner
or PHA shall refund the unused portion of the pet deposit to the tenant
within a reasonable time after the tenant moves from the project or no
longer owns or keeps a pet (or a cat or dog in the case of project
owners) in the dwelling unit.
(2) Housing programs: Maximum pet deposit. (i) Pet deposits for the
following tenants shall not exceed an amount periodically fixed by HUD
through notice.
(A) Tenants whose rents are subsidized (including tenants of a HUD-
owned project, whose rents were subsidized before HUD acquired it)
under one of the programs identified by HUD through notice.
(B) Tenants who live in a project assisted (including tenants who
live in a HUD-owned project that was assisted before HUD acquired it)
under one of the programs identified by HUD through notice.
(C) For all other tenants of projects for the elderly or persons
with disabilities, the pet deposit shall not exceed one month's rent at
the time the pet is brought onto the premises.
(ii) In establishing the maximum amount of pet deposit under
paragraph (d)(2)(i) of this section, HUD will consider factors such as:
(A) Projected, estimated expenses directly attributable to the
presence of pets in the project;
(B) The ability of project owners to offset such expenses by use of
security deposits or HUD-reimbursable expenses; and
(C) The low income status of tenants of projects for the elderly or
persons with disabilities.
(iii) For pet deposits subject to paragraph (d)(2)(i)(A) of this
section, the pet rules shall provide for gradual accumulation of the
deposit by the pet owner through an initial payment not to exceed $50
when the pet is brought onto the premises, and subsequent monthly
payments not to exceed $10 per month until the amount of the deposit is
reached.
(iv) For pet deposits subject to paragraphs (d)(2)(i)(B) and (C) of
this section, the pet rules may provide for gradual accumulation of the
deposit by the pet owner.
(v) The project owner may (subject to the HUD-prescribed limits)
increase the amount of the pet deposit by amending the house pet rules
in accordance with Sec. 5.353.
(A) For pet deposits subject to paragraph (d)(2)(i)(A) of this
section, the house pet rules shall provide for gradual accumulation of
any such increase not to exceed $10 per month for all deposit amounts
that are being accumulated.
(B) [Reserved].
(vi) Any pet deposit that is established within the parameters set
forth by paragraph (d)(2) of this section shall be deemed reasonable
for purposes of this subpart C.
(3) Public Housing programs: Maximum pet deposit. The maximum
amount of pet deposit that may be charged by the PHA, on a per dwelling
unit basis, shall not exceed the higher of the Total Tenant Payment (as
defined in 24 CFR 913.102) or such reasonable fixed amount as the PHA
may require. The pet rules may permit gradual accumulation of the pet
deposit by the pet owner.
(4) Housing programs: Waste removal charge. The pet rules may
permit the project owner to impose a separate waste removal charge of
up to five dollars ($5) per occurrence on pet owners that fail to
remove pet waste in accordance with the prescribed pet rules. Any pet
waste removal charge that is within this five dollar ($5) limitation
shall be deemed to be a reasonable amount for the purposes of this
subpart C.
(5) The pet deposit (for Housing and Public Housing programs) and
waste removal charge (for Housing programs) are not part of the rent
payable by the tenant. Except as provided in paragraph (d) of this
section for Housing programs and, paragraph (d) of this section and 24
CFR 966.4(b) for Public Housing programs, project owners or PHAs may
not prescribe pet rules that impose additional financial obligations on
pet owners that are designed to compensate the project owner or PHA for
costs associated with the presence of pets in the project, including
(but not limited to) requiring pet owners:
(i) To obtain liability or other insurance to cover damage caused
by the pet;
(ii) To agree to be strictly liable for all damages caused by the
pet where this liability is not otherwise imposed by State or local
law, or
(iii) To indemnify the project owner for pet-related litigation and
attorney's fees.
(e) Standards of pet care. The pet rules may prescribe standards of
pet care and handling, but must be limited to those necessary to
protect the condition of the tenant's unit and the general condition of
the project premises, or to protect the health or safety of present
tenants, project employees, and the public. The pet rules may not
require pet owners to have any pet's vocal cords removed. Permitted
rules may:
(1) Bar pets from specified common areas (such as lobbies, laundry
rooms, and social rooms), unless the exclusion will deny a pet
reasonable ingress and egress to the project or building.
(2) Require the pet owner to control noise and odor caused by a
pet.
(3) Housing programs: Project owners may also:
(i) Require pet owners to have their dogs and cats spayed or
neutered; and
(ii) Limit the length of time that a pet may be left unattended in
a dwelling unit.
(f) Pet licensing. The pet rules may require pet owners to license
their pets in accordance with applicable State and local laws and
regulations. (Failure of the pet rules to contain this requirement does
not relieve the pet owner of responsibility for complying with
applicable State and local pet licensing requirements.)
(g) Public Housing programs: Designated pet areas. (1) PHAs may
designate buildings, floors of buildings, or sections of buildings as
no-pet areas where pets generally may not be permitted. Similarly, the
pet rules may designate buildings, floors of buildings, or sections of
buildings for residency generally by pet-owning tenants. The PHA may
direct such initial tenant moves as may be necessary to establish pet
and no-pet areas. The PHA may not refuse to admit (or delay admission
of) an applicant for tenancy on the grounds that the applicant's
admission would violate a pet or no-pet area. The PHA may adjust the
pet and no-pet areas or may direct such additional moves as may be
necessary (or both) to accommodate such applicants for tenancy or to
meet the changing needs of existing tenants.
(2) Project owners may not designate pet areas in buildings in
their pet rules.
(h) Pets temporarily on the premises. The pet rules may exclude
from the project pets not owned by a tenant that are to be kept
temporarily on the project premises. For the purposes of paragraph
[[Page 9541]]
(h) of this section, pets are to be kept ``temporarily'' if they are to
be kept in the tenant's dwelling accommodations for a period of less
than 14 consecutive days and nights. HUD, however, encourages project
owners and PHAs to permit the use of a visiting pet program sponsored
by a humane society, or other nonprofit organization.
Sec. 5.321 Lease provisions.
(a) Lease provisions. (1) PHAs which have established pet rules and
project owners shall ensure that the leases for all tenants of projects
for the elderly or persons with disabilities:
(i) State that tenants are permitted to keep common household pets
in their dwelling units (subject to the provisions of this subpart and
the pet rules);
(ii) Shall incorporate by reference the pet rules promulgated by
the project owner or PHA;
(iii) Shall provide that the tenant agrees to comply with these
rules; and
(iv) Shall state that violation of these rules may be grounds for
removal of the pet or termination of the pet owner's tenancy (or both),
in accordance with the provisions of this subpart and applicable
regulations and State or local law.
(b) Where a PHA has not established pet rules, the leases of all
tenants of such projects shall not contain any provisions prohibiting
the owning or keeping of common household pets, and shall state that
owning and keeping of such pets will be subject to the general
obligations imposed on the PHA and tenants in the lease and any
applicable State or local law or regulation governing the owning or
keeping of pets in dwelling accommodations.
Sec. 5.324 Implementation of lease provisions.
The lease for each tenant of a project for the elderly or persons
with disabilities who is admitted on or after the date on which this
subpart C is implemented shall contain the lease provisions described
in Sec. 5.321 and, if applicable, Sec. 5.360. The lease for each tenant
who occupies a unit in such a project under lease on the date of
implementation of this part shall be amended to include the provisions
described in Sec. 5.321 and, if applicable, Sec. 5.360:
(a) For Housing programs:
(1) Upon renewal of the lease and in accordance with any applicable
regulation; and
(2) When a Housing program tenant registers a common household pet
under Sec. 5.350
(b) For Public Housing programs:
(1) Upon annual reexamination of tenant income in accordance with
any applicable regulation; and
(2) When a Public Housing program tenant wishes to own or keep a
common household pet in his or her unit.
Sec. 5.327 Nuisance or threat to health or safety.
Nothing in this subpart C prohibits a project owner, PHA, or an
appropriate community authority from requiring the removal of any pet
from a project, if the pet's conduct or condition is duly determined to
constitute, under the provisions of State or local law, a nuisance or a
threat to the health or safety of other occupants of the project or of
other persons in the community where the project is located.
Pet Ownership Requirements for Housing Programs
Sec. 5.350 Mandatory pet rules for Housing programs.
Mandatory rules. The project owner must prescribe the following pet
rules:
(a) Inoculations. The pet rules shall require pet owners to have
their pets inoculated in accordance with State and local laws.
(b) Sanitary standards. (1) The pet rules shall prescribe sanitary
standards to govern the disposal of pet waste. These rules may:
(i) Designate areas on the project premises for pet exercise and
the deposit of pet waste;
(ii) Forbid pet owners from exercising their pets or permitting
their pets to deposit waste on the project premises outside the
designated areas;
(iii) Require pet owners to remove and properly dispose of all
removable pet waste; and
(iv) Require pet owners to remove pets from the premises to permit
the pet to exercise or deposit waste, if no area in the project is
designated for such purposes.
(2) In the case of cats and other pets using litter boxes, the pet
rules may require the pet owner to change the litter (but not more than
twice each week), may require pet owners to separate pet waste from
litter (but not more than once each day), and may prescribe methods for
the disposal of pet waste and used litter.
(c) Pet restraint. The pet rules shall require that all cats and
dogs be appropriately and effectively restrained and under the control
of a responsible individual while on the common areas of the project.
(d) Registration. (1) The pet rules shall require pet owners to
register their pets with the project owner. The pet owner must register
the pet before it is brought onto the project premises, and must update
the registration at least annually. The project owner may coordinate
the annual update with the annual reexamination of tenant income, if
applicable. The registration must include:
(i) A certificate signed by a licensed veterinarian or a State or
local authority empowered to inoculate animals (or designated agent of
such an authority) stating that the pet has received all inoculations
required by applicable State and local law;
(ii) Information sufficient to identify the pet and to demonstrate
that it is a common household pet; and
(iii) The name, address, and phone number of one or more
responsible parties who will care for the pet if the pet owner dies, is
incapacitated, or is otherwise unable to care for the pet.
(2) The project owner may require the pet owner to provide
additional information necessary to ensure compliance with any
discretionary rules prescribed under Sec. 5.318, and shall require the
pet owner to sign a statement indicating that he or she has read the
pet rules and agrees to comply with them.
(3) The pet rules shall permit the project owner to refuse to
register a pet if:
(i) The pet is not a common household pet;
(ii) The keeping of the pet would violate any applicable house pet
rule;
(iii) The pet owner fails to provide complete pet registration
information or fails annually to update the pet registration; or
(iv) The project owner reasonably determines, based on the pet
owner's habits and practices, that the pet owner will be unable to keep
the pet in compliance with the pet rules and other lease obligations.
The pet's temperament may be considered as a factor in determining the
prospective pet owner's ability to comply with the pet rules and other
lease obligations.
(4) The project owner may not refuse to register a pet based on a
determination that the pet owner is financially unable to care for the
pet or that the pet is inappropriate, based on the therapeutic value to
the pet owner or the interests of the property or existing tenants.
(5) The pet rules shall require the project owner to notify the pet
owner if the project owner refuses to register a pet. The notice shall
state the basis for the project owner's action and shall be served on
the pet owner in accordance with the requirements of
Sec. 5.353(f)(1)(i) or (ii). The notice of refusal to register
[[Page 9542]]
a pet may be combined with a notice of pet violation as required in
Sec. 5.356.
Sec. 5.353 Housing programs: Procedure for development of pet rules.
(a) General. Project owners shall use the procedures specified in
this section to promulgate the pet rules referred to in Secs. 5.318 and
5.350.
(b) Development and notice of proposed pet rules. Project owners
shall develop proposed rules to govern the owning or keeping of common
household pets in projects for the elderly or persons with
disabilities. Notice of the proposed pet rules shall be served on each
tenant of the project as provided in paragraph (f) of this section. The
notice shall:
(1) Include the text of the proposed rules;
(2) State that tenants or tenant representatives may submit written
comments on the rules; and
(3) State that all comments must be submitted to the project owner
no later than 30 days from the effective date of the notice of the
proposed rules.
(4) The notice may also announce the date, time, and place for a
meeting to discuss the proposed rules (as provided in paragraph (c) of
this section).
(c) Tenant consultation. Tenants or tenant representatives may
submit written comments on the proposed pet rules to the project owner
by the date specified in the notice of proposed rules. In addition, the
owner may schedule one or more meetings with tenants during the comment
period to discuss the proposed rules. Tenants and tenant
representatives may make oral comments on the proposed rules at these
meetings. The project owner must consider comments made at these
meetings only if they are summarized, reduced to writing, and submitted
to the project owner before the end of the comment period.
(d) Development and notice of final pet rules. The project owner
shall develop the final rules after reviewing tenants' written comments
and written summaries of any owner-tenant meetings. The project owner
may meet with tenants and tenant representatives to attempt to resolve
issues raised by the comments. Subject to this subpart C, the content
of the final pet rules, however, is within the sole discretion of the
project owner. The project owner shall serve on each tenant of the
project, a notice of the final pet rules as provided in paragraph (f)
of this section. The notice must include the text of the final pet
rules and must specify the effective date of the final pet rules.
(e) Amendment of pet rules. The project owner may amend the pet
rules at any time by following the procedure for the development of pet
rules specified in paragraphs (b) through (d) of this section.
(f) Service of notice. (1) The project owner must serve the notice
required under this section by:
(i) Sending a letter by first class mail, properly stamped and
addressed to the tenant at the dwelling unit, with a proper return
address; or
(ii) Serving a copy of the notice on any adult answering the door
at the tenant's leased dwelling unit, or if no adult responds, by
placing the notice under or through the door, if possible, or else by
attaching the notice to the door; or
(iii) For service of notice to tenants of a high-rise building,
posting the notice in at least three conspicuous places within the
building and maintaining the posted notices intact and in legible form
for 30 days. For purposes of paragraph (f) of this section, a high-rise
building is a structure that is equipped with an elevator and has a
common lobby.
(2) For purposes of computing time periods following service of the
notice, service is effective on the day that all notices are delivered
or mailed, or in the case of service by posting, on the day that all
notices are initially posted.
Sec. 5.356 Housing programs: Pet rule violation procedures.
(a) Notice of pet rule violation. If a project owner determines on
the basis of objective facts, supported by written statements, that a
pet owner has violated a rule governing the owning or keeping of pets;
the project owner may serve a written notice of pet rule violation on
the pet owner in accordance with Sec. 5.353(f)(1)(i) or (ii). The
notice of pet rule violation must:
(1) Contain a brief statement of the factual basis for the
determination and the pet rule or rules alleged to be violated;
(2) State that the pet owner has 10 days from the effective date of
service of the notice to correct the violation (including, in
appropriate circumstances, removal of the pet) or to make a written
request for a meeting to discuss the violation;
(3) State that the pet owner is entitled to be accompanied by
another person of his or her choice at the meeting; and
(4) State that the pet owner's failure to correct the violation, to
request a meeting, or to appear at a requested meeting may result in
initiation of procedures to terminate the pet owner's tenancy.
(b) (1) Pet rule violation meeting. If the pet owner makes a timely
request for a meeting to discuss an alleged pet rule violation, the
project owner shall establish a mutually agreeable time and place for
the meeting but no later than 15 days from the effective date of
service of the notice of pet rule violation (unless the project owner
agrees to a later date). At the pet rule violation meeting, the pet
owner and project owner shall discuss any alleged pet rule violation
and attempt to correct it. The project owner may, as a result of the
meeting, give the pet owner additional time to correct the violation.
(2) Notice for pet removal. If the pet owner and project owner are
unable to resolve the pet rule violation at the pet rule violation
meeting, or if the project owner determines that the pet owner has
failed to correct the pet rule violation within any additional time
provided for this purpose under paragraph (b)(1) of this section, the
project owner may serve a written notice on the pet owner in accordance
with Sec. 5.353(f)(1)(i) or (ii) (or at the meeting, if appropriate),
requiring the pet owner to remove the pet. The notice must:
(i) Contain a brief statement of the factual basis for the
determination and the pet rule or rules that have been violated;
(ii) State that the pet owner must remove the pet within 10 days of
the effective date of service of the notice of pet removal (or the
meeting, if notice is served at the meeting); and
(iii) State that failure to remove the pet may result in initiation
of procedures to terminate the pet owner's tenancy.
(c) Initiation of procedures to remove a pet or terminate the pet
owner's tenancy. (1) The project owner may not initiate procedures to
terminate a pet owner's tenancy based on a pet rule violation, unless:
(i) The pet owner has failed to remove the pet or correct a pet
rule violation within the applicable time period specified in this
section (including any additional time permitted by the owner); and
(ii) The pet rule violation is sufficient to begin procedures to
terminate the pet owner's tenancy under the terms of the lease and
applicable regulations.
(2) The project owner may initiate procedures to remove a pet under
Sec. 5.327 at any time, in accordance with the provisions of applicable
State or local law.
Sec. 5.359 Housing programs: Rejection of units by applicants for
tenancy.
(a) An applicant for tenancy in a project for the elderly or
persons with disabilities may reject a unit offered by a project owner
if the unit is in close
[[Page 9543]]
proximity to a dwelling unit in which an existing tenant of the project
owns or keeps a common household pet. An applicant's rejection of a
unit under this section shall not adversely affect his or her
application for tenancy in the project, including (but not limited to)
his or her position on the project waiting list or qualification for
any tenant selection preference.
(b) Nothing in this subpart C imposes a duty on project owners to
provide alternate dwelling units to existing or prospective tenants
because of the proximity of common household pets to a particular unit
or the presence of such pets in the project.
Sec. 5.360 Housing programs: Additional lease provisions.
(a) Inspections. In addition to other inspections permitted under
the lease, the leases for all Housing program tenants of projects for
the elderly or persons with disabilities may state that the project
owner may, after reasonable notice to the tenant and during reasonable
hours, enter and inspect the premises. The lease shall permit entry and
inspection only if the project owner has received a signed, written
complaint alleging (or the project owner has reasonable grounds to
believe) that the conduct or condition of a pet in the dwelling unit
constitutes, under applicable State or local law, a nuisance or a
threat to the health or safety of the occupants of the project or other
persons in the community where the project is located.
(b) Emergencies. (1) If there is no State or local authority (or
designated agent of such an authority) authorized under applicable
State or local law to remove a pet that becomes vicious, displays
symptoms of severe illness, or demonstrates other behavior that
constitutes an immediate threat to the health or safety of the tenancy
as a whole, the project owner may place a provision in tenant leases
permitting the project owner to enter the premises (if necessary),
remove the pet, and take such action with respect to the pet as may be
permissible under State and local law, which may include placing it in
a facility that will provide care and shelter for a period not to
exceed 30 days.
(2) The lease shall permit the project owner to enter the premises
and remove the pet or take such other permissible action only if the
project owner requests the pet owner to remove the pet from the project
immediately, and the pet owner refuses to do so, or if the project
owner is unable to contact the pet owner to make a removal request. The
lease may not contain a provision relieving the project owner from
liability for wrongful removal of a pet. The cost of the animal care
facility shall be paid as provided in Sec. 5.363.
(3) The project owner may place a provision in tenant leases
permitting the project owner to enter the premises, remove the pet, and
place the pet in a facility that will provide care and shelter, in
accordance with the provisions of Sec. 5.363. The lease may not contain
a provision relieving the project owner from liability for wrongful
removal of a pet.
Sec. 5.363 Housing programs: protection of the pet.
(a) If the health or safety of a pet is threatened by the death or
incapacity of the pet owner, or by other factors that render the pet
owner unable to care for the pet, the project owner may contact the
responsible party or parties listed in the pet registration required
under Sec. 5.350(d)(1)(iii).
(b) If the responsible party or parties are unwilling or unable to
care for the pet, or the project owner, despite reasonable efforts, has
been unable to contact the responsible party or parties, the project
owner may contact the appropriate State or local authority (or
designated agent of such an authority) and request the removal of the
pet.
(c) If there is no State or local authority (or designated agent of
such an authority) authorized to remove a pet under these circumstances
and the project owner has placed a provision in the lease agreement (as
described in Sec. 5.360(c)(2)), the project owner may enter the pet
owner's unit, remove the pet, and place the pet in a facility that will
provide care and shelter until the pet owner or a representative of the
pet owner is able to assume responsibility for the pet, but not longer
than 30 days.
(d) The cost of the animal care facility provided under this
section shall be borne by the pet owner. If the pet owner (or the pet
owner's estate) is unable or unwilling to pay, the cost of the animal
care facility may be paid from the pet deposit, if imposed under the
pet rules.
Pet Ownership Requirements for Public Housing Programs
Sec. 5.380 Public Housing programs: Procedure for development of pet
rules.
PHAs that choose to promulgate pet rules shall consult with tenants
of projects for the elderly or persons with disabilities administered
by them with respect to their promulgation and subsequent amendment.
PHAs shall develop the specific procedures governing tenant
consultation, but these procedures must be designed to give tenants
(or, if appropriate, tenant councils) adequate opportunity to review
and comment upon the pet rules before they are issued for effect. PHAs
are solely responsible for the content of final pet rules, but must
give consideration to tenant comments. PHAs shall send to the
responsible HUD field office, copies of the final (or amended) pet
rules, as well as summaries or copies of all tenant comments received
in the course of the tenant consultation.
PART 243--[REMOVED]
3. Part 243 is removed.
PART 842--[REMOVED]
4. Part 842 is removed.
PART 942--[REMOVED]
5. Part 942 is removed.
Dated: February 22, 1996.
Henry G. Cisneros,
Secretary.
Note: This Appendix A will not be codified in Title 24 of the
CFR.
Appendix A--Guide to Definition of Projects for the Elderly or Persons
With Disabilities for Purposes of HUD's Housing Programs
Sec.
1. Purpose.
2. Housing Programs Which Insure or Assist Projects for the Elderly
or Persons with Disabilities.
1. Purpose
The regulations at 24 CFR part 5, subpart C, describe HUD's pet
ownership requirements. Section 5.306 provides separate definitions
of the term ``Project for the elderly or persons with disabilities''
for HUD's Housing and Public Housing programs. The definition
applicable to the Housing programs states that projects must be
assisted under certain HUD programs in order to qualify as projects
for the elderly or persons with disabilities. However, in order to
eliminate the necessity of amending this regulatory definition as
HUD programs are created, terminated, or revised, HUD has not listed
the relevant Housing programs in the definition. Rather, the
definition states that HUD will identify these programs through
notice. The purpose of this appendix is to identify HUD's Housing
programs which insure or assist projects for the elderly or persons
with disabilities.
2. Housing Programs Which Insure or Assist Project for the Elderly
or Persons With Disabilities
This appendix repeats the definition for HUD's Housing programs
in 24 CFR 5.306, but lists the applicable programs. HUD may
periodically update this appendix through notice.
Project for the elderly or persons with disabilities means:
(1) For purposes of Housing programs: A specific rental or
cooperative multifamily
[[Page 9544]]
property that, unless currently owned by HUD, is subject to a first
mortgage, and:
(i) That is assisted under section 202 of the Housing Act of
1959 (Housing for the Elderly or Handicapped);
(ii) That was designated for occupancy by elderly or disabled
families when funds for the project were reserved, or when the
commitment to insure the mortgage was issued or, if not then so
designated, that is designated for such occupancy in an effective
amendment to the regulatory agreement covering the project, made
pursuant to the project owner's request, and:
(A) That is assisted (with or without HUD mortgage insurance)
under section 221(d)(3) (BMIR) of the National Housing Act or 24 CFR
part 236; or
(B) Insured under section 221(d)(3) (Market Rate) or section
221(d)(4) of the National Housing Act, or 24 CFR part 231 (Housing
Mortgage Insurance for the Elderly);
(iii) For which preference in tenant selection is given for all
units in the project to elderly or disabled families and that is
owned by HUD or assisted under the following programs:
(A) Housing Development Grant program;
(B) Section 8 New Construction;
(C) Section 8 Substantial Rehabilitation;
(D) Section 8 Moderate Rehabilitation;
(E) Section 8 State Housing Agency programs;
(F) Section 8 Rural Set-Aside;
(G) Section 8 Loan Management and Property Disposition.
(2) This term does not include health and care facilities that
have mortgage insurance under the National Housing Act. This term
also does not include any of the project owner's other property that
does not meet the criteria contained in any one of paragraphs (1)
(i) through (iii) of this definition, even if the property is
adjacent to or under joint or common management with such specific
property.
Note: This Appendix B Will not be Codified in Title 24 of the
CFR.
Appendix B--Guide to Maximum Pet Deposit for Housing Programs
Sec.
1. Purpose.
2. Housing Programs Affected by Maximum Pet Deposit Requirements.
1. Purpose
The regulations at 24 CFR part 5, subpart C, describe the pet
ownership requirements for HUD's Housing and Public housing
programs. Paragraph (d)(2) of Sec. 5.318 limits the pet deposit
charges that may be imposed by project owners assisted under certain
HUD programs. In order to eliminate the necessity of amending this
regulatory provision as HUD programs are created, eliminated, or
amended, HUD has not listed the relevant Housing programs in this
regulation. Rather, paragraphs (d)(2)(i) (A) and (B) of Sec. 5.318
state that HUD will identify through notice the Housing programs
affected by the maximum pet deposit requirements. The purpose of
this appendix is to identify these Housing programs.
2. Housing Programs Affected by Maximum Pet Deposit Requirements
This appendix repeats the maximum pet deposit provision in 24
CFR 5.318(d)(2), but lists the applicable Housing programs. HUD may
periodically update this appendix through notice.
Housing programs: Maximum pet deposit. (i) Pet deposits for the
following tenants shall not exceed an amount periodically fixed by
HUD through notice:
(A) Tenants whose rents are subsidized (including tenants of a
HUD-owned project, whose rents were subsidized before HUD acquired
it) under the following programs:
(1) Rent Supplement Payments;
(2) Rental assistance Payments;
(3) Housing Development Grant program;
(4) Section 8 New Construction;
(5) Section 8 Substantial Rehabilitation;
(6) Section 8 Moderate Rehabilitation;
(7) Section 8 State Housing Agency program;
(8) Section 8 Rural Set-Aside;
(9) Loans for Housing for the Elderly or Persons with
Disabilities; or
(10) Section 8 Loan Management and Property Disposition.
(B) Tenants who live in a project assisted (including tenants
who live in a HUD-owned project that was assisted before HUD
acquired it) under:
(1) The Interest Reduction Payments program;
(2) Section 202 of the Housing Act of 1959; or
(3) Section 221(d)(3) (BMIR) of the National Housing Act.
(C) For all other tenants of projects for the elderly or persons
with disabilities, the pet deposit shall not exceed one month's rent
at the time the pet is brought onto the premises. The house pet
rules may permit gradual accumulation of the pet deposit by the pet
owner.
[FR Doc. 96-5298 Filed 3-7-96; 8:45 am]
BILLING CODE 4210-32-P
