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12 U.S.C. § 1701r–1 — Pet ownership in assisted rental housing for the elderly or handicapped

submitted 43 years ago by Pub. L. 98-181 to r/title-12-BANKS-AND-BANKING · 464 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section protects common-pet ownership in federally assisted rental housing for elderly or handicapped residents. It permits reasonable rules and removal of pets found to be nuisances or threats.

(a) An owner or manager of federally assisted rental housing for the elderly or handicapped may not prohibit a tenant from owning or keeping common household pets, or discriminate in admission or continued occupancy because of a pet. (b) Within 12 months after November 30, 1983, the HUD and Agriculture Secretaries shall issue regulations ensuring compliance and decent, safe, sanitary housing. The regulations shall allow reasonable pet rules and require consultation with tenants; rules may consider density, size and type of pet, financial obligations, and care. (c) An owner, manager, or appropriate local authority may require removal from federally assisted rental housing for the elderly or handicapped of a pet duly found to be a nuisance or a health or safety threat to the other occupants or to other people in the community where the housing is located. (d) “Federally assisted rental housing for the elderly or handicapped” means a project assisted under section 1701q or under the listed Federal housing laws and designated for elderly or handicapped families. This section does not define the quoted cross-references.

the actual law source: uscode.house.gov ↗public domain
(a) Restrictions on ownership

No owner or manager of any federally assisted rental housing for the elderly or handicapped may—

(1)

as a condition of tenancy or otherwise, prohibit or prevent any tenant in such housing from owning common household pets or having common household pets living in the dwelling accommodations of such tenant in such housing; or

(2)

restrict or discriminate against any person in connection with admission to, or continued occupancy of, such housing by reason of the ownership of such pets by, or the presence of such pets in the dwelling accommodations of, such person.

(b) Rules and regulations
(1)

Not later than the expiration of the twelve-month period following November 30, 1983, the Secretary of Housing and Urban Development and the Secretary of Agriculture shall each issue such regulations as may be necessary to ensure (A) compliance with the provisions of subsection (a) with respect to any program of assistance referred to in subsection (d) that is administered by such Secretary; and (B) attaining the goal of providing decent, safe, and sanitary housing for the elderly or handicapped.

(2)

Such regulations shall establish guidelines under which the owner or manager of any federally assisted rental housing for the elderly or handicapped (A) may prescribe reasonable rules for the keeping of pets by tenants in such housing; and (B) shall consult with the tenants of such housing in prescribing such rules. Such rules may consider factors such as density of tenants, pet size, types of pets, potential financial obligations of tenants, and standards of pet care.

(c) Removal of pets constituting a nuisance

Nothing in this section may be construed to prohibit any owner or manager of federally assisted rental housing for the elderly or handicapped, or any local housing authority or other appropriate authority of the community where such housing is located, from requiring the removal from any such housing of any pet whose conduct or condition is duly determined to constitute a nuisance or a threat to the health or safety of the other occupants of such housing or of other persons in the community where such housing is located.

(d) “Federally assisted rental housing for the elderly or handicapped” defined

For purposes of this section, the term “federally assisted rental housing for the elderly or handicapped” means any rental housing project that—

(1)

is assisted under section 1701q of this title; or

(2)

is assisted under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.], the National Housing Act [12 U.S.C. 1701 et seq.], or title V of the Housing Act of 1949 [42 U.S.C. 1471 et seq.], and is designated for occupancy by elderly or handicapped families, as such term is defined in section 1701q(d)(4) 1 of this title.

Source credit: (Pub. L. 98–181, title I [title II, § 227], Nov. 30, 1983, 97 Stat. 1195.)

history & why it existsrecord from the source credit
  • 1983Enacted · Pub. L. 98-181 · 97 Stat. 1195

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-181 on 1983-11-30.

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