[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: 24CFR5.356]



[Page 60-61]

 

                 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.  5.356  Housing programs: Pet rule violation procedures.



    (a) Notice of pet rule violation. If a project owner determines on 

the basis of objective facts, supported by written statements, that a 

pet owner has violated a rule governing the owning or keeping of pets; 

the project owner may serve a written notice of pet rule violation on 

the pet owner in accordance with Sec.  5.353(f)(1)(i) or (ii). The 

notice of pet rule violation must:

    (1) Contain a brief statement of the factual basis for the 

determination and the pet rule or rules alleged to be violated;



[[Page 61]]



    (2) State that the pet owner has 10 days from the effective date of 

service of the notice to correct the violation (including, in 

appropriate circumstances, removal of the pet) or to make a written 

request for a meeting to discuss the violation;

    (3) State that the pet owner is entitled to be accompanied by 

another person of his or her choice at the meeting; and

    (4) State that the pet owner's failure to correct the violation, to 

request a meeting, or to appear at a requested meeting may result in 

initiation of procedures to terminate the pet owner's tenancy.

    (b)(1) Pet rule violation meeting. If the pet owner makes a timely 

request for a meeting to discuss an alleged pet rule violation, the 

project owner shall establish a mutually agreeable time and place for 

the meeting but no later than 15 days from the effective date of service 

of the notice of pet rule violation (unless the project owner agrees to 

a later date). At the pet rule violation meeting, the pet owner and 

project owner shall discuss any alleged pet rule violation and attempt 

to correct it. The project owner may, as a result of the meeting, give 

the pet owner additional time to correct the violation.

    (2) Notice for pet removal. If the pet owner and project owner are 

unable to resolve the pet rule violation at the pet rule violation 

meeting, or if the project owner determines that the pet owner has 

failed to correct the pet rule violation within any additional time 

provided for this purpose under paragraph (b)(1) of this section, the 

project owner may serve a written notice on the pet owner in accordance 

with Sec.  5.353(f)(1) (i) or (ii) (or at the meeting, if appropriate), 

requiring the pet owner to remove the pet. The notice must:

    (i) Contain a brief statement of the factual basis for the 

determination and the pet rule or rules that have been violated;

    (ii) State that the pet owner must remove the pet within 10 days of 

the effective date of service of the notice of pet removal (or the 

meeting, if notice is served at the meeting); and

    (iii) State that failure to remove the pet may result in initiation 

of procedures to terminate the pet owner's tenancy.

    (c) Initiation of procedures to remove a pet or terminate the pet 

owner's tenancy. (1) The project owner may not initiate procedures to 

terminate a pet owner's tenancy based on a pet rule violation, unless:

    (i) The pet owner has failed to remove the pet or correct a pet rule 

violation within the applicable time period specified in this section 

(including any additional time permitted by the owner); and

    (ii) The pet rule violation is sufficient to begin procedures to 

terminate the pet owner's tenancy under the terms of the lease and 

applicable regulations.

    (2) The project owner may initiate procedures to remove a pet under 

Sec.  5.327 at any time, in accordance with the provisions of applicable 

State or local law.