[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: 24CFR5.360]



[Page 61-62]

 

                 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.  5.360  Housing programs: Additional lease provisions.



    (a) Inspections. In addition to other inspections permitted under 

the lease, the leases for all Housing program tenants of projects for 

the elderly or persons with disabilities may state that the project 

owner may, after reasonable notice to the tenant and during reasonable 

hours, enter and inspect the



[[Page 62]]



premises. The lease shall permit entry and inspection only if the 

project owner has received a signed, written complaint alleging (or the 

project owner has reasonable grounds to believe) that the conduct or 

condition of a pet in the dwelling unit constitutes, under applicable 

State or local law, a nuisance or a threat to the health or safety of 

the occupants of the project or other persons in the community where the 

project is located.

    (b) Emergencies. (1) If there is no State or local authority (or 

designated agent of such an authority) authorized under applicable State 

or local law to remove a pet that becomes vicious, displays symptoms of 

severe illness, or demonstrates other behavior that constitutes an 

immediate threat to the health or safety of the tenancy as a whole, the 

project owner may place a provision in tenant leases permitting the 

project owner to enter the premises (if necessary), remove the pet, and 

take such action with respect to the pet as may be permissible under 

State and local law, which may include placing it in a facility that 

will provide care and shelter for a period not to exceed 30 days.

    (2) The lease shall permit the project owner to enter the premises 

and remove the pet or take such other permissible action only if the 

project owner requests the pet owner to remove the pet from the project 

immediately, and the pet owner refuses to do so, or if the project owner 

is unable to contact the pet owner to make a removal request. The lease 

may not contain a provision relieving the project owner from liability 

for wrongful removal of a pet. The cost of the animal care facility 

shall be paid as provided in Sec.  5.363.

    (3) The project owner may place a provision in tenant leases 

permitting the project owner to enter the premises, remove the pet, and 

place the pet in a facility that will provide care and shelter, in 

accordance with the provisions of Sec.  5.363. The lease may not contain 

a provision relieving the project owner from liability for wrongful 

removal of a pet.