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Title 12 — Banks and BankingRelease 119-73

§1701r–1 Pet ownership in assisted rental housing for the elderly or handicapped

Title 12 › Chapter CHAPTER 13— - NATIONAL HOUSING › § 1701r–1

Last updated Apr 6, 2026|Official source

Summary

Owners and managers of federally assisted rental housing for elderly or disabled people must not ban common household pets or refuse housing because someone has such pets. They also cannot treat people unfairly when deciding who can move in or stay because of pet ownership. The Secretary of Housing and Urban Development and the Secretary of Agriculture had to create rules within the 12-month period after November 30, 1983 to make sure these requirements are followed and good, safe housing is provided. Those rules let owners set reasonable pet rules and require that owners talk with tenants about those rules. Rules can consider things like how crowded the building is, pet size and type, costs, and care standards. An owner or local housing authority may still require a pet to be removed if it becomes a nuisance or is a health or safety threat. Federally assisted rental housing for the elderly or disabled means projects helped under certain federal housing laws or programs that are set aside for elderly or disabled families.

Full Legal Text

Title 12, §1701r–1

Banks and Banking — Source: USLM XML via OLRC

(a)No owner or manager of any federally assisted rental housing for the elderly or handicapped may—
(1)as a condition of tenancy or otherwise, prohibit or prevent any tenant in such housing from owning common household pets or having common household pets living in the dwelling accommodations of such tenant in such housing; or
(2)restrict or discriminate against any person in connection with admission to, or continued occupancy of, such housing by reason of the ownership of such pets by, or the presence of such pets in the dwelling accommodations of, such person.
(b)(1)Not later than the expiration of the twelve-month period following November 30, 1983, the Secretary of Housing and Urban Development and the Secretary of Agriculture shall each issue such regulations as may be necessary to ensure (A) compliance with the provisions of subsection (a) with respect to any program of assistance referred to in subsection (d) that is administered by such Secretary; and (B) attaining the goal of providing decent, safe, and sanitary housing for the elderly or handicapped.
(2)Such regulations shall establish guidelines under which the owner or manager of any federally assisted rental housing for the elderly or handicapped (A) may prescribe reasonable rules for the keeping of pets by tenants in such housing; and (B) shall consult with the tenants of such housing in prescribing such rules. Such rules may consider factors such as density of tenants, pet size, types of pets, potential financial obligations of tenants, and standards of pet care.
(c)Nothing in this section may be construed to prohibit any owner or manager of federally assisted rental housing for the elderly or handicapped, or any local housing authority or other appropriate authority of the community where such housing is located, from requiring the removal from any such housing of any pet whose conduct or condition is duly determined to constitute a nuisance or a threat to the health or safety of the other occupants of such housing or of other persons in the community where such housing is located.
(d)For purposes of this section, the term “federally assisted rental housing for the elderly or handicapped” means any rental housing project that—
(1)is assisted under section 1701q of this title; or
(2)is assisted under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.], the National Housing Act [12 U.S.C. 1701 et seq.], or title V of the Housing Act of 1949 [42 U.S.C. 1471 et seq.], and is designated for occupancy by elderly or handicapped families, as such term is defined in section 1701q(d)(4) 11 See References in Text note below. of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The United States Housing Act of 1937, referred to in subsec. (d)(2), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 1437 of Title 42 and Tables. The National Housing Act, referred to in subsec. (d)(2), is act
June 27, 1934, ch. 847, 48 Stat. 1246, which is classified principally to this chapter (§ 1701 et seq.). For complete classification of this Act to the Code, see section 1701 of this title and Tables. The Housing Act of 1949, referred to in subsec. (d)(2), is act
July 15, 1949, ch. 338, 63 Stat. 413. Title V of the Housing Act of 1949 is classified generally to subchapter III (§ 1471 et seq.) of chapter 8A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 1441 of Title 42 and Tables. section 1701q of this title, referred to in subsec. (d)(2), was amended generally by Pub. L. 101–625, title VIII, § 801(a), Nov. 28, 1990, 104 Stat. 4297, and, as so amended, no longer contains a subsec. (d)(4) or a definition of the term “elderly or handicapped families”. Codification Section was enacted as part of the Housing and Urban–Rural Recovery Act of 1983 and also as part of the Domestic Housing and International Recovery and Financial Stability Act, and not as part of the National Housing Act which comprises this chapter.

Reference

Citations & Metadata

Citation

12 U.S.C. § 1701r–1

Title 12 — Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73