[Code of Federal Regulations]

[Title 7, Volume 15]

[Revised as of January 1, 2006]

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

[CITE: 7CFR3560.157]



[Page 522-523]

 

                          TITLE 7--AGRICULTURE

 

     CHAPTER XXXV--RURAL HOUSING SERVICE, DEPARTMENT OF AGRICULTURE

 

PART 3560_DIRECT MULTI-FAMILY HOUSING LOANS AND GRANTS--Table of Contents

 

                Subpart D_Multi-Family Housing Occupancy

 

Sec. 3560.157  Occupancy rules.



    (a) General. The purpose of a borrower's occupancy rules is to 

outline the basis for the tenant and management relationship. Prior to 

Agency approval of occupancy rules, borrowers must provide written 

certification from their attorney that the housing project's occupancy 

rules are consistent with applicable Federal, state, and local laws, as 

well as Agency requirements, and the requirements of all programs 

participating in the housing project. Borrowers must obtain Agency 

approval of the occupancy rules prior to initial occupancy and obtain 

Agency approval prior to the implementation date of any subsequent 

modifications to the rules.

    (b) Requirements. The occupancy rules must be in writing and posted 

for easy tenant access. A copy of these rules must be attached to the 

tenant's lease upon initial occupancy. At a minimum, the occupancy rules 

must address:

    (1) The tenant's rights and responsibilities under the lease or 

occupancy agreement;

    (2) The rent payment or occupancy charge policies;

    (3) The policies regarding periodic inspection of units;

    (4) The system for responding to tenant complaints;

    (5) The maintenance request and work order procedures;

    (6) The housing services and facilities available to tenants or 

members;

    (7) The office locations, hours, and emergency telephone numbers;

    (8) The restrictions on storage and prohibitions on non-functional 

vehicles in the housing project area;

    (9) Other requirements related to a subsidy provided to a tenant 

from non-Agency sources;

    (10) When a guest becomes a member of the tenant household; and

    (11) The procedures tenants must follow to request reasonable 

accommodations.

    (c) Modification of occupancy rules. The Agency must concur with any 

modification to the occupancy rules prior to implementation. Proper 

notice must be given to each tenant at least 30 days in advance of 

implementation of such rules in accordance with Sec. 3560.160.

    (d) Federal, state and local requirements. The occupancy rules must 

be consistent with Federal, state, and local law.

    (e) Pets/Assistance Animals. All housing projects should establish 

reasonable written pet rules. No rules may be promulgated that would 

prevent occupancy by a household member who requires a service or 

assistance animal. In elderly housing, borrowers must not prohibit 

tenants from keeping domestic animals in their rental units as pets.

    (f) Tenant organizations. Borrowers must not infringe on the rights 

of tenants to organize an association of tenants. Borrowers (or a 

designated management representative) should be



[[Page 523]]



available and willing to work with a tenant organization.

    (g) Community rooms. Borrowers may not place unreasonable 

restrictions on tenants that desire to use a community room.