42 U.S.C. § 1437z–3: Pet ownership in public…

Summary

Residents in public housing may keep one or more common household pets if they care for them responsibly and follow state and local health, animal-control, and anti-cruelty laws and the housing agency’s rules. The housing agency can set reasonable rules, such as charging a small fee or pet deposit, limiting the number of pets by unit size, banning dangerous types or specific animals by size or weight, or setting rules based on the building or other conditions. The rule does not cover federally assisted rental housing for the elderly or disabled. It takes effect when the federal housing department issues official rules after public notice and a chance to comment.

Title 42, §1437z–3

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

(a)Ownership conditions

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)Reasonable requirements

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)Pet ownership in public housing designated for occupancy by elderly or handicapped families

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)Regulations

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