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U.S. Code as of:
01/19/04
Section 1701r-1. Pet ownership in assisted rental housing for the elderly or handicapped
(a) Restrictions on ownership
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) Rules and regulations
(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) of this section with respect to any
program of assistance referred to in subsection (d) of this section
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) Removal of pets constituting a nuisance
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) "Federally assisted rental housing for the elderly or
handicapped" defined
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. 1435 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) (!1) of
this title.
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