[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: 24CFR5.353]



[Page 60]

 

                 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.  5.353  Housing programs: Procedure for development of pet rules.



    (a) General. Project owners shall use the procedures specified in 

this section to promulgate the pet rules referred to in Sec. Sec.  5.318 

and 5.350.

    (b) Development and notice of proposed pet rules. Project owners 

shall develop proposed rules to govern the owning or keeping of common 

household pets in projects for the elderly or persons with disabilities. 

Notice of the proposed pet rules shall be served on each tenant of the 

project as provided in paragraph (f) of this section. The notice shall:

    (1) Include the text of the proposed rules;

    (2) State that tenants or tenant representatives may submit written 

comments on the rules; and

    (3) State that all comments must be submitted to the project owner 

no later than 30 days from the effective date of the notice of the 

proposed rules.

    (4) The notice may also announce the date, time, and place for a 

meeting to discuss the proposed rules (as provided in paragraph (c) of 

this section).

    (c) Tenant consultation. Tenants or tenant representatives may 

submit written comments on the proposed pet rules to the project owner 

by the date specified in the notice of proposed rules. In addition, the 

owner may schedule one or more meetings with tenants during the comment 

period to discuss the proposed rules. Tenants and tenant representatives 

may make oral comments on the proposed rules at these meetings. The 

project owner must consider comments made at these meetings only if they 

are summarized, reduced to writing, and submitted to the project owner 

before the end of the comment period.

    (d) Development and notice of final pet rules. The project owner 

shall develop the final rules after reviewing tenants' written comments 

and written summaries of any owner-tenant meetings. The project owner 

may meet with tenants and tenant representatives to attempt to resolve 

issues raised by the comments. Subject to this subpart C, the content of 

the final pet rules, however, is within the sole discretion of the 

project owner. The project owner shall serve on each tenant of the 

project, a notice of the final pet rules as provided in paragraph (f) of 

this section. The notice must include the text of the final pet rules 

and must specify the effective date of the final pet rules.

    (e) Amendment of pet rules. The project owner may amend the pet 

rules at any time by following the procedure for the development of pet 

rules specified in paragraphs (b) through (d) of this section.

    (f) Service of notice. (1) The project owner must serve the notice 

required under this section by:

    (i) Sending a letter by first class mail, properly stamped and 

addressed to the tenant at the dwelling unit, with a proper return 

address; or

    (ii) Serving a copy of the notice on any adult answering the door at 

the tenant's leased dwelling unit, or if no adult responds, by placing 

the notice under or through the door, if possible, or else by attaching 

the notice to the door; or

    (iii) For service of notice to tenants of a high-rise building, 

posting the notice in at least three conspicuous places within the 

building and maintaining the posted notices intact and in legible form 

for 30 days. For purposes of paragraph (f) of this section, a high-rise 

building is a structure that is equipped with an elevator and has a 

common lobby.

    (2) For purposes of computing time periods following service of the 

notice, service is effective on the day that all notices are delivered 

or mailed, or in the case of service by posting, on the day that all 

notices are initially posted.