[Federal Register Volume 64, Number 120 (Wednesday, June 23, 1999)]
[Proposed Rules]
[Pages 33640-33642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15734]
[[Page 33639]]
_______________________________________________________________________
Part IV
Department of Housing and Urban Development
_______________________________________________________________________
24 CFR Part 960
Pet Ownership in Public Housing; Proposed Rule
Federal Register / Vol. 64, No. 120 / Wednesday, June 23, 1999 /
Proposed Rules
[[Page 33640]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 960
[Docket No. FR-4437-P-01]
RIN 2577-AB94
Pet Ownership in Public Housing
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would establish pet ownership requirements
for residents of public housing other than federally assisted rental
housing for the elderly or persons with disabilities. Regulations
covering pet ownership requirements for residents of federally assisted
rental housing for the elderly or persons with disabilities are located
at 24 CFR part 5, subpart C. This proposed rule would not alter or
affect these current regulations in any way.
DATES: Comments Due Date: August 23, 1999.
ADDRESSES: Submit your comments about this proposed rule to the Office
of the General Counsel, Rules Docket Clerk, Room 10276, U.S. Department
of Housing and Urban Development, 451 Seventh Street, SW, Washington,
DC 20410-0500. Your comments should refer to the above docket number
and title. We do not accept facsimile (FAX) comments. A copy of each
comment submitted will be available for public inspection and copying
during regular business hours (7:30 a.m. to 5:30 p.m.) at the above
address.
FOR FURTHER INFORMATION CONTACT: Patricia S. Arnaudo, Senior Program
Manager, Office of Public and Assisted Housing Delivery, Room 4222,
U.S. Department of Housing and Urban Development, 451 Seventh Street,
SW, Washington, DC 20410-5000; telephone (202) 708-0744 (this is not a
toll-free number). Hearing- or speech-impaired individuals may access
this number via TTY by calling the toll-free Federal Information Relay
Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION:
I. Background Information
a. Pet Ownership in Public Housing--Section 31 of the United States
Housing Act of 1937
Section 526 of the Quality Housing and Work Responsibility Act of
1998 (Public Law 105-276, 112 Stat. 2461, 2568)(the Public Housing
Reform Act of 1998) added new section 31 (captioned ``Pet Ownership in
Public Housing'') to the United States Housing Act of 1937 (42 U.S.C.
1437z-3)(the 1937 Act). Section 31 establishes pet ownership
requirements for residents of public housing other than federally
assisted rental housing for the elderly or persons with
disabilities.1 Section 31(a) of the 1937 Act (captioned
``Ownership Conditions'') states that:
\1\ Section 31 of the 1937 Act uses the term ``federally
assisted rental housing for the elderly or handicapped.'' HUD
prefers to use the term ``persons with disabilities'' in place of
the term ``handicapped.'' Accordingly, this preamble uses the term
``persons with disabilities'' wherever possible. However, because
HUD's regulations must comply with the statutory authority upon
which they are based, the text of the regulations proposed by this
rule retains the language of the 1937 Act.
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A resident of a dwelling unit in public housing (as such term is
defined in subsection (c)) may own 1 or more common household pets
or have 1 or more household pets present in the dwelling unit of
such resident, subject to the reasonable requirements of the public
housing agency, if the resident maintains each pet responsibly and
in accordance with applicable State and local public health, animal
control, and animal anti-cruelty laws and regulations and with the
policies established in the public housing agency plan for the
agency.
Section 31(b) of the 1937 Act (captioned ``Reasonable
Requirements'') lists a number of requirements that are reasonable for
the purposes of section 31(a) and that a public housing agency may
impose on residents who own or have pets in their dwelling units. These
requirements may include:
(1) Requiring the payment of a non-refundable nominal fee, a
refundable pet deposit, or both;
(2) Limitations on the number of animals in a unit based on unit
size;
(3) Prohibitions against dangerous animals and other animals based
on certain factors including size and weight; and
(4) Restrictions and prohibitions based on size and type of
building or project or other relevant conditions.
b. Pet Ownership for the Elderly and Persons With Disabilities--Section
227 of the Housing and Urban-Rural Recovery Act of 1983
It is important to note that section 31 of the 1937 Act does not
apply to public housing that is federally assisted rental housing for
the elderly or persons with disabilities. Section 227 of the Housing
and Urban-Rural Recovery Act of 1983 (12 U.S.C. 1701r-1) (the 1983 Act)
covers pet ownership requirements for this type of housing. There are
existing regulations that implement section 227 of the 1983 Act located
at 24 CFR part 5, subpart C. This proposed rule would not alter or
affect these regulations in any way, nor would the regulations at part
5, subpart C apply in any way to public housing that is covered by
section 31 of the 1937 Act. This proposed rule is not related in any
way to section 227 of the 1983 Act nor the regulations that implement
section 227 located at 24 CFR part 5, subpart C. This proposed rule
would implement section 31 of the 1937 Act in 24 CFR part 960, rather
than part 5, in part, to make this distinction clear.
c. This Proposed Rule
This proposed rule would implement new section 31 of the 1937 Act
by adding new subpart G to 24 CFR part 960. The proposed rule would add
four new sections to subpart G. These sections would comprise the
entire subpart. New Sec. 960.701 (captioned ``Purpose'') would state
that the purpose of subpart G is to implement section 31 of the 1937
Act. New Sec. 960.703 (captioned ``Applicability'') would limit the
applicability of the subpart G regulations to public housing other than
federally assisted rental housing for the elderly or persons with
disabilities. New Sec. 960.703 would also direct readers to 24 CFR part
5, subpart C, for regulations covering pet ownership requirements for
federally assisted rental housing for the elderly or persons with
disabilities.
New Sec. 960.707 (captioned ``Pet ownership'') would implement the
primary requirements of section 31 of the 1937 Act. The structure of
new Sec. 960.707 closely follows the structure of section 31. This
proposed rule would implement section 31 in this way in order to
provide public housing agencies (PHAs) with discretion to fashion pet
requirements that reflect local needs. HUD's decision to allow PHAs
this discretion derives from the basic policy, reflected in section
502(b) of the Public Housing Reform Act of 1998 (42 U.S.C. 1437 note),
of deregulating and decontrolling PHAs.
In addition to the primary requirements of section 31, new
Sec. 960.707 would clarify that the non-refundable nominal fee that
public housing agencies may require residents to pay is intended to
cover the reasonable operating costs to the project, and that the
refundable pet deposit is intended to cover additional costs not
otherwise covered. New Sec. 960.707 would also clarify that if public
housing agencies require a resident to pay a pet deposit, the deposit
must be placed in an escrow account and the public housing agency must
refund the unused portion of the deposit, plus any accrued interest, to
the resident within a reasonable time after the resident moves from the
project or no longer owns or
[[Page 33641]]
has a pet present in the resident's dwelling unit.
d. Service Animals That Assist Persons With Disabilities
New Sec. 960.705 (captioned ``Service animals that assist persons
with disabilities'') would clarify that the regulations that would be
added by this proposed rule would not apply to service animals that
assist persons with disabilities. New Sec. 960.705 would clarify that
this exclusion would apply to both service animals that reside in
public housing, covered under section 31 of the 1937 Act, and service
animals that visit these projects. New Sec. 960.705 would also clarify
that nothing in new subpart G limits or impairs the rights of persons
with disabilities, authorizes PHAs to limit or impair the rights of
persons with disabilities, or affects any authority PHAs may have to
regulate service animals that assist persons with disabilities.
II. Findings and Certifications
Environmental Impact
A Finding of No Significant Impact with respect to the environment
has been made in accordance with the HUD regulations at 24 CFR part 50
that implement section 102(2)(C) of the National Environmental Policy
Act of 1969 (Public Law 91-190, 83 Stat. 852, 853, codified as amended
at 42 U.S.C. 4332). The Finding of No Significant Impact is available
for public inspection and copying during regular business hours (7:30
a.m. to 5:30 p.m.) in the Office of the Rules Docket Clerk, Room 10276,
U.S. Department of Housing and Urban Development, 451 Seventh Street,
SW, Washington, DC 20410-0500.
Regulatory Flexibility Act
The Secretary has reviewed this proposed rule before publication
and by approving it certifies, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), that this proposed rule would not
have a significant economic impact on a substantial number of small
entities. The proposed rule implements section 31 of the United States
Housing Act of 1937, which establishes pet ownership requirements for
public housing other than federally assisted rental housing for the
elderly or persons with disabilities.
Section 31, and the regulations proposed by this rule, allow public
housing agencies to require residents that own or have pets in their
dwelling units to pay a non-refundable nominal fee to cover the
reasonable operating costs to the project relating to the presence of
pets, a refundable pet deposit to cover additional costs not otherwise
covered, or both. Consequently, HUD does not believe that this proposed
rule would have a significant economic impact on a substantial number
of small entities.
While HUD has determined that this rule would not have a
significant economic impact on a substantial number of small entities,
we welcome any comments regarding alternatives to this rule that would
meet HUD's objectives, as described in this preamble, and would be less
burdensome to small entities.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (Public Law
104-4, 109 Stat. 48, 64, codified at 2 U.S.C. 1531-1538) (UMRA)
requires Federal agencies to assess the effects of their regulatory
actions on State, local, and tribal governments and on the private
sector. This proposed rule does not impose, within the meaning of the
UMRA, any Federal mandates on any State, local, or tribal governments
or on the private sector.
Federalism Impact
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612 (captioned ``Federalism''), has determined
that the policies contained in this rule will not have substantial
direct effects on States or their political subdivisions, on the
relationship between the Federal Government and the States, or on the
distribution of power and responsibilities among various levels of
government.
Regulatory Planning and Review
The Office of Management and Budget (OMB) has reviewed this rule
under Executive Order 12866 (captioned ``Regulatory Planning and
Review'') and determined that this rule is a ``significant regulatory
action'' as defined in section 3(f) of the Order (although not an
economically significant regulatory action under the Order). Any
changes made to this rule as a result of that review are identified in
the docket file, which is available for public inspection during
regular business hours (7:30 a.m. to 5:30 p.m.) at the Office of the
General Counsel, Rules Docket Clerk, Room 10276, U.S. Department of
Housing and Urban Development, 451 Seventh Street, SW, Washington, DC
20410-0500.
List of Subjects in 24 CFR Part 960
Aged, Grant programs--housing and community development,
Individuals with disabilities, Pets, Public housing.
For the reasons discussed in the preamble, HUD proposes to amend 24
CFR part 960 as follows:
PART 960--ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING
1. The authority citation for 24 CFR part 960 is revised to read as
follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437d, 1437n, 1437z-3, and
3535(d).
2. Add subpart G to read as follows:
Subpart G--Pet Ownership in Public Housing
Sec.
960.701 Purpose.
960.703 Applicability.
960.705 Service animals that assist persons with disabilities.
960.707 Pet ownership.
Subpart G--Pet Ownership in Public Housing
Sec. 960.701 Purpose.
The purpose of this subpart is to implement section 31 of the
United States Housing Act of 1937 (42 U.S.C. 1437z-3).
Sec. 960.703 Applicability.
This subpart applies to public housing as that term is defined in
section 3(b) of the United States Housing Act of 1937 (42 U.S.C.
1437a(b)), except that such term does not include any public housing
that is federally assisted rental housing for the elderly or
handicapped, as such term is defined in section 227(d) of the Housing
and Urban-Rural Recovery Act of 1983 (12 U.S.C. 1701r-1(d)).
Regulations that apply to pet ownership in federally assisted rental
housing for the elderly or handicapped are located at 24 CFR part 5,
subpart C.
Sec. 960.705 Service animals that assist persons with disabilities.
(a) This subpart G does not apply to service animals that assist
persons with disabilities. Public housing agencies may not apply or
enforce any policies established under this subpart against service
animals that assist persons with disabilities. This exclusion applies
to both service animals that reside in public housing, as that term is
used in Sec. 960.703, and service animals that visit these projects.
(b) Nothing in this subpart G:
(1) Limits or impairs the rights of persons with disabilities;
(2) Authorizes public housing agencies to limit or impair the
rights of persons with disabilities; or
(3) Affects any authority that public housing agencies may have to
regulate service animals that assist persons with
[[Page 33642]]
disabilities, under Federal, State, or local law.
Sec. 960.707 Pet ownership.
(a) Ownership Conditions. A resident of a dwelling unit in public
housing, as that term is used in Sec. 960.703, may own one or more
common household pets or have one or more common household pets present
in the dwelling unit of such resident, subject to the reasonable
requirements of the public housing agency, if the resident maintains
each pet:
(1) Responsibly;
(2) In accordance with applicable State and local public health,
animal control, and animal anti-cruelty laws and regulations; and
(3) In accordance with the policies established in the public
housing agency plan for the agency.
(b) Reasonable requirements. Reasonable requirements may include
but are not limited to:
(1) Requiring payment of a non-refundable nominal fee to cover the
reasonable operating costs to the project relating to the presence of
pets, a refundable pet deposit to cover additional costs not otherwise
covered, or both;
(2) Limitations on the number of animals in a unit, based on unit
size;
(3) Prohibitions on types of animals that are classified as
dangerous, and prohibitions on individual animals, based on certain
factors, including the size and weight of animals; and
(4) Restrictions or prohibitions based on size and type of building
or project, or other relevant conditions.
(c) Pet deposit. A public housing agency that requires a resident
to pay a pet deposit must place the deposit in an escrow account, and
the public housing agency must refund the unused portion of the
deposit, plus any accrued interest, to the resident within a reasonable
time after the resident moves from the project or no longer owns or has
a pet present in the dwelling unit of such resident.
(d) Public Housing Agency Plan. Any policies established under this
section must be included in the public housing agency's public housing
agency plan.
Dated: June 8, 1999.
Harold Lucas,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 99-15734 Filed 6-22-99; 8:45 am]
BILLING CODE 4210-33-P
