[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR5.306]



[Page 53-54]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 5_GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS--Table of Contents

 

  Subpart C_Pet Ownership for the Elderly or Persons With Disabilities

 

Sec.  5.306  Definitions.



    Common household pet means:

    (1) For purposes of Housing programs: A domesticated animal, such as 

a dog, cat, bird, rodent (including a rabbit), fish, or turtle, that is 

traditionally kept in the home for pleasure rather than for commercial 

purposes. Common household pet does not include reptiles (except 

turtles). If this definition conflicts with any applicable State or 

local law or regulation defining the pets that may be owned or kept in 

dwelling accommodations, the State or local law or regulation shall 

apply. This definition shall not include animals that are used to assist 

persons with disabilities.

    (2) For purposes of Public Housing programs: PHAs may define the 

term ``common household pet'' under Sec.  5.318.

    Elderly or disabled family means:

    (1) For purposes of Housing programs: An elderly person, a person 

with a disability, or an elderly or disabled family for purposes of the 

program under



[[Page 54]]



which a project for the elderly or persons with disabilities is assisted 

or has its mortgage insured.

    (2) For purposes of Public Housing programs: (i) An elderly person, 

a person with a disability, or an elderly or disabled family as defined 

in Sec.  5.403 in subpart A of this part.

    (ii) [Reserved]

    Housing programs means:

    (1) The housing programs administered by the Assistant Secretary for 

Housing-Federal Housing Commissioner; and

    (2) The programs contained in chapter VIII of this title 24 that 

assist rental projects that meet the definition of project for the 

elderly or persons with disabilities in this subpart C.

    Project for the elderly or persons with disabilities means:

    (1) For purposes of Housing programs: (i) A specific rental or 

cooperative multifamily property that, unless currently owned by HUD, is 

subject to a first mortgage, and:

    (A) That is assisted under statutory authority identified by HUD 

through notice;

    (B) That was designated for occupancy by elderly or disabled 

families when funds for the project were reserved, or when the 

commitment to insure the mortgage was issued or, of not then so 

designated, that is designated for such occupancy in an effective 

amendment to the regulatory agreement covering the project, made 

pursuant to the project owner's request, and that is assisted or insured 

under one of the programs identified by HUD through notice; or

    (C) For which preference in tenant selection is given for all units 

in the project to elderly or disabled families and that is owned by HUD 

or assisted under one of the programs identified by HUD through notice.

    (ii) This term does not include health and care facilities that have 

mortgage insurance under the National Housing Act. This term also does 

not include any of the project owner's other property that does not meet 

the criteria contained in any one of paragraphs (1)(i)(A) through (C) of 

this definition, even if the property is adjacent to or under joint or 

common management with such specific property.

    (2) For purposes of Public Housing programs: Any project assisted 

under title I of the United States Housing Act of 1937 (other than under 

section 8 or 17 of the Act), including any building within a mixed-use 

project, that was designated for occupancy by the elderly or persons 

with disabilities at its inception or, although not so designated, for 

which the PHA gives preference in tenant selection (with HUD approval) 

for all units in the project (or for a building within a mixed-use 

project) to elderly or disabled families. For purposes of this part, 

this term does not include projects assisted the Low-Rent Housing 

Homeownership Opportunity program or under title II of the United States 

Housing Act of 1937.

    Project owner means an owner (including HUD, where HUD is the owner) 

or manager of a project for the elderly or persons with disabilities, or 

an agent authorized to act for an owner or manager of such housing.

    Public Housing Agency (PHA) is defined in Sec.  5.100.



[61 FR 5202, Feb. 9, 1996, as amended at 65 FR 16715, Mar. 29, 2000]