[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: 24CFR5.315]



[Page 55]

 

                 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.  5.315  Content of pet rules: General requirements.



    (a) Housing programs. The project owner shall prescribe reasonable 

rules to govern the keeping of common household pets. The pet rules must 

include the mandatory rules described in Sec.  5.350 and may, unless 

otherwise noted in this subpart C, include other discretionary 

provisions as provided in Sec.  5.318.

    (b) Public Housing programs. (1) PHAs may choose not to promulgate 

rules governing the keeping of common household pets or may include 

rules as provided in Sec.  5.318. PHAs may elect to include provisions 

based on those in Sec.  5.350. If they so choose, the PHAs may modify 

the provisions in Sec.  5.350 in any manner consistent with this subpart 

C.

    (2) If PHAs choose to promulgate pet rules, tenants must be 

permitted to own and keep pets in their units in accordance with the 

terms and conditions of their leases, the provisions of this subpart C, 

and any applicable State or local law or regulation governing the owning 

or keeping of pets in dwelling accommodations.

    (3) PHAs that choose not to promulgate pet rules, shall not impose, 

by lease modification or otherwise, any requirement that is inconsistent 

with the provisions of this subpart C.

    (c) Use of discretion. (1) This subpart C does not define with 

specificity the limits of the project owners' or PHAs' discretion to 

promulgate pet rules. Where a project owner or PHA has discretion to 

prescribe pet rules under this subpart C, the pet rules should be:

    (i) Reasonably related to furthering a legitimate interest of the 

project owner or PHA, such as the owner's or PHA's interest in providing 

a decent, safe, and sanitary living environment for existing and 

prospective tenants and in protecting and preserving the physical 

condition of the project and the owner's or PHA's financial interest in 

it; and

    (ii) Drawn narrowly to achieve the owner's or PHA's legitimate 

interests, without imposing unnecessary burdens and restrictions on pet 

owners and prospective pet owners.

    (2) Where a project owner or PHA has discretion to prescribe pet 

rules under this subpart C, the owner or PHA may vary the rules' content 

among projects and within individual projects, based on factors such as 

the size, type, location, and occupancy of the project or its units, 

provided that the applicable rules are reasonable and do not conflict 

with any applicable State or local law or regulation governing the 

owning or keeping of pets in dwelling accommodations.

    (d) Conflict with State or local law. The pet rules adopted by the 

project owner or PHA shall not conflict with applicable State or local 

law or regulations. If such a conflict may exist, the State and local 

law or regulations shall apply.