[Federal Register: October 15, 2007 (Volume 72, Number 198)]
[Proposed Rules]
[Page 58447-58449]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15oc07-17]
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Part III
Department of Housing and Urban Development
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24 CFR Part 5
Pet Ownership for the Elderly and Persons With Disabilities; Proposed
Rule
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 5
[Docket No. FR-5127-P-01]
RIN 2501-AD31
Pet Ownership for the Elderly and Persons With Disabilities
AGENCY: Office of the Secretary, HUD.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would revise HUD's regulations that apply
to pet ownership in HUD-assisted housing for the elderly and persons
with disabilities by conforming the exceptions for animals that assist
persons with disabilities to those that apply to HUD's public housing
programs, as defined in section 3(b) of the United States Housing Act.
DATES: Comment Due Date: December 14, 2007.
ADDRESSES: Interested persons are invited to submit comments regarding
this rule to the Regulations Division, Office of General Counsel,
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Room 10276, Washington, DC 20410-0500. Interested persons also may
submit comments electronically through the federal eRulemaking portal
at http://www.regulations.gov. HUD strongly encourages commenters to submit
comments electronically so that HUD, in turn, can make them immediately
available to the public. Commenters should follow the instructions
provided on that site to submit comments electronically. Facsimile
(FAX) comments are not accepted. In all cases, communications must
refer to the docket number and title. All comments and communications
submitted to HUD will be available for public inspection and copying
between 8 a.m. and 5 p.m. weekdays at the above address. Due to
security measures at the HUD Headquarters building, an advance
appointment to review the public comments must be scheduled by calling
the Regulations Division at (202) 708-3055 (this is not a toll-free
number). Copies of all comments submitted are available for inspection
and downloading at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Bryan Greene, Deputy Assistant
Secretary for Enforcement and Programs, Department of Housing and Urban
Development, 451 Seventh Street, SW., Room 5204, Washington, DC 20410-
2000; telephone number (202) 619-8046 (this is not a toll-free number).
Hearing- or speech-impaired persons may contact this number by calling
the toll-free Federal Information Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
Certain animals provide assistance or perform tasks for the benefit
of a person with a disability. These animals, often referred to as
``assistance animals,'' ``service animals,'' ``support animals,'' or
``therapy animals,'' provide disability-related functions including,
but not limited to, guiding visually impaired individuals, alerting
hearing-impaired persons to sounds and noises, providing protection or
rescue assistance, pulling a wheelchair, seeking and retrieving items,
alerting individuals to impending seizures, and providing emotional
support to persons who have a disability-related need for such support.
The pet ownership policies and general requirements for pet
ownership applicable to public housing and multifamily housing projects
for the elderly or persons with disabilities are described in HUD's
regulations at 24 CFR part 5, subpart C. Pet ownership by residents in
public housing, except housing projects for the elderly or persons with
disabilities and not including housing assisted under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f et seq.), is
addressed in HUD's regulations at 24 CFR part 960, subpart G. Under
these regulations, in addition to HUD's pet ownership policies, public
housing agencies (PHAs) and owners may develop and impose additional,
reasonable requirements for pet ownership by tenants and residents. See
24 CFR part 5, subpart C and 24 CFR part 960, subpart G for
descriptions of applicable policies and requirements.
Parts 5 and 960 contain minor differences in pet ownership
exclusion policies and requirements for animals that assist persons
with disabilities. In 24 CFR 5.303, entitled, ``Exclusion for animals
that assist persons with disabilities,'' project owners and PHAs may
not apply or enforce any pet rules developed under part 5 against
individuals with animals that are used to assist persons with
disabilities. Part 5, however, states that owners or PHAs may require
that assistance animals qualify for the exclusion and that owners must
grant this exclusion under certain circumstances. These circumstances
include: (1) The tenant or prospective tenant certifies in writing that
the tenant or a member of his or her family is a person with a
disability; (2) the animal has been trained to assist persons with that
specific disability; and (3) the animal actually assists the person
with a disability.
In contrast, Sec. 960.705 states that PHAs may not apply or
enforce pet policies established under 24 CFR part 960 against animals
that are necessary as a reasonable accommodation to assist, support, or
provide service to persons with disabilities. This exclusion applies to
such animals that reside in public housing, other than housing
developments for the elderly or persons with disabilities, and to such
animals that visit these developments. The provisions in part 960 do
not contain the tenant certification or the animal training
requirements found in Sec. 5.303. PHAs however, are authorized to
verify that the animal qualifies as a reasonable accommodation under
Section 504 of the Rehabilitation Act of 1973 and the Fair Housing Act
(the Acts). An animal qualifies as a reasonable accommodation if: (1)
An individual has a disability, as defined in the Acts, (2) the animal
is needed to assist with the disability, and (3) the individual who
requests the reasonable accommodation demonstrates that there is a
relationship between the disability and the assistance that the animal
provides.
II. This Proposed Rule
This proposed rule would revise HUD's regulations that apply to
assistance animals in HUD-assisted housing, including public housing
serving elderly and disabled families, by making the assistance animal
exceptions in those regulations similar to the requirements and
procedures that currently apply to HUD's other public housing programs.
HUD is undertaking this effort to improve uniformity in its
regulations.
In order to conform the assistance animal provisions for housing
serving elderly or disabled families in 24 CFR 5.303 to the public
housing provisions, excluding section 8, in 24 CFR 960.705, HUD is
proposing minor revisions to Sec. 5.303.
First, HUD would revise Sec. 5.303(a) to broaden the functions of
assistance animals to state that the exclusion applies to animals that
``assist, support, or provide service to persons with disabilities.''
The current regulation is limited to animals that ``assist persons with
disabilities.''
Second, Sec. 5.303(a) would be revised to state that project
owners and PHAs may not apply or enforce any policies established under
this subpart against animals that are necessary as a reasonable
accommodation to assist, support, or provide service to persons with
disabilities. This language is
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adopted from the similar provision in Sec. 960.705, for uniformity.
Finally, in order to conform to the provisions in Sec. 960.705,
HUD proposes to remove the tenant certification and animal training
requirements in Sec. 5.303(a)(1)(i)-(iii). Removing the training and
certification requirements will ensure uniformity in HUD's regulations.
III. Findings and Certifications
Environmental Impact
This proposed rule involves a policy document that sets out
nondiscrimination standards. Accordingly, under 24 CFR 50.19(c)(3),
this proposed rule is categorically excluded from environmental review
under the National Environmental Policy Act (42 U.S.C. 4321 et seq.).
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) generally
requires an agency to conduct a regulatory flexibility analysis of any
rule subject to notice and comment rulemaking requirements, unless the
agency certifies that the rule will not have a significant economic
impact on a substantial number of small entities. The proposed rule
would conform the assistance animal requirements in certain housing for
the elderly or persons with disabilities with the provisions for
assistance animals in other HUD-assisted housing programs.
Specifically, this change would remove the training and certification
requirements. Such a change is likely to decrease the administrative
burden on project owners to process assistance animal certifications.
Accordingly, the undersigned certifies that this rule will not have a
significant economic impact on a substantial number of small entities.
Notwithstanding HUD's determination that this rule will not have a
significant economic impact on a substantial number of small entities,
HUD specifically invites comments regarding less burdensome
alternatives to this rule that will meet HUD's objectives, as described
in this preamble.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (2
U.S.C. 1531-1538) establishes requirements for federal agencies to
assess the effects of their regulatory actions on state, local, and
tribal governments and the private sector. This rule does not impose
any federal mandate on state, local, or tribal government or the
private sector within the meaning of UMRA.
Federalism
Executive Order 13132 (entitled ``Federalism'') prohibits an agency
from publishing any rule that has federalism implications, if the rule
either imposes substantial direct compliance costs on state and local
governments and is not required by statute, or the rule preempts state
law, unless the agency meets the consultation and funding requirements
of section 6 of the Executive Order. This rule does not have federalism
implications and does not impose substantial direct compliance costs on
state and local governments nor preempt state law within the meaning of
the Executive Order.
List of Subjects in 24 CFR Part 5
Administrative practice and procedure, Aged, Claims, Crime,
Government contracts, Grant programs--housing and community
development, Individuals with disabilities, Intergovernmental
relations, Loan programs--housing and community development, Low and
moderate income housing, Mortgage insurance, Penalties, Pets, Public
housing, Rent subsidies, Reporting and recordkeeping requirements,
Social Security, Unemployment compensation, Wages.
Accordingly, for the reasons stated in the preamble, HUD proposes
to amend 24 CFR part 5 to read as follows:
PART 5--GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS
1. The authority citation for part 5 continues to read as follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437d, 1437f, 1437n, 3535(d),
and Sec. 327, Pub. L. 109-115, 119 Stat. 2936.
2. Revise Sec. 5.303 to read as follows:
Sec. 5.303 Exclusion for animals that assist persons with
disabilities.
(a) This subpart C does not apply to animals that are used to
assist, support, or provide service to persons with disabilities.
Project owners and PHAs may not apply or enforce any policies
established under this subpart against animals that are necessary as a
reasonable accommodation to assist, support, or provide service to
persons with disabilities. This exclusion applies to animals that
reside in projects for the elderly or persons with disabilities, as
well as to animals that visit these projects.
(b) Nothing in this subpart C:
(1) Limits or impairs the rights of persons with disabilities;
(2) Authorizes project owners or PHAs to limit or impair the rights
of persons with disabilities; or
(3) Affects any authority that project owners or PHAs may have to
regulate animals that assist persons with disabilities, under federal,
state, or local law.
Dated: September 18, 2007.
Roy A. Bernardi,
Deputy Secretary.
[FR Doc. E7-20196 Filed 10-12-07; 8:45 am]
BILLING CODE 4210-67-P