§1437z–3 — Title 42 The Public Health and Welfare | U.S. Code

Summary

People who live in public housing can have one or more ordinary household pets in their apartment if they look after the pets responsibly and follow state and local health, animal-control, and anti-cruelty laws and the housing agency’s pet rules. Housing agencies may set reasonable rules such as a small fee or pet deposit to cover costs, limits on how many pets based on unit size, banning dangerous types or specific animals by size or weight, and limits based on building type or other conditions. "Public housing" means the term in 42 U.S.C. 1437a(b) but does not include federally assisted rental housing for the elderly or disabled as defined in 12 U.S.C. 1701r–1(d). These pet rules take effect when the Secretary issues implementing regulations after notice and a chance for public comment under section 553 of title 5.

Title 42, §1437z–3

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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 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 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.

(b)The reasonable requirements referred to in subsection (a) may include—

(1)requiring payment of a nominal fee, a pet deposit, or both, by residents owning or having pets present, to cover the reasonable operating costs to the project relating to the presence of pets and to establish an escrow account for additional costs not otherwise covered, respectively;

(2)limitations on the number of animals in a unit, based on unit size;

(3)prohibitions on—

(A)types of animals that are classified as dangerous; and

(B)individual animals, based on certain factors, including the size and weight of the animal; and

(4)restrictions or prohibitions based on size and type of building or project, or other relevant conditions.

(c)For purposes of this section, the term “public housing” has the meaning given the term in section 1437a(b) of this title, 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 1701r–1(d) of title 12.

(d)This section shall take effect upon the date of the effectiveness of regulations issued by the Secretary to carry out this section. Such regulations shall be issued after notice and opportunity for public comment in accordance with the procedure under section 553 of title 5 applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section).

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement section before such date except to extent otherwise provided, see section 503 of Pub. L. 105–276, set out as an

Effective Date

of 1998 Amendment note under section 1437 of this title.

§1437z–3 Pet ownership in public housing

Summary

Title 42, §1437z–3

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata