Laws: Cases and Codes : U.S. Code : Title 12 : Section 1701r-1


   
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.




Previous [Notes] Next

Related Resources

Banking Law Guide

Banking Articles and Documents

Banking Discussion

Ads by FindLaw