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42 U.S.C. § 1437z–3Pet ownership in public housing

submitted 89 years ago by Pub. L. 105-276 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 342 words · no verdicts yet

in plain englishAI-generated · not legal advice

A public-housing resident may keep common household pets if the resident follows agency rules and applicable laws. The section permits reasonable fees, deposits, animal limits, and safety restrictions.

(a) A resident of a public-housing unit may own or keep one or more common household pets, subject to the agency’s reasonable requirements, if the resident responsibly cares for each pet and follows applicable State and local public-health, animal-control, and anti-cruelty laws and regulations and the agency plan. (b) Reasonable requirements may include: (1) a nominal fee, a pet deposit, or both—one to cover reasonable project operating costs from pets and one to create an escrow account for additional costs not otherwise covered; (2) limits on the number of animals based on unit size; (3) bans on dangerous types of animals and on particular animals based on factors such as size and weight; and (4) restrictions or bans based on the building or project’s size or type or other relevant conditions. (c) For this section, “public housing” has the meaning in section 1437a(b), except it excludes federally assisted rental housing for elderly or handicapped people as defined in 12 U.S.C. § 1701r–1(d). This section does not define those quoted terms. (d) This section takes effect when the Secretary’s implementing regulations take effect. The Secretary must issue them after notice and an opportunity for public comment under 5 U.S.C. § 553’s procedure for substantive rules, despite subsections (a)(2), (b)(B), and (d)(3) of that section.
the actual law source: uscode.house.gov ↗public domain
(a) Ownership conditions

A resident of a dwelling unit in public housing (as such term is defined in subsection (c)) may own 1 or more common household pets or have 1 or more common household pets present in the dwelling unit of such resident, subject to the reasonable requirements of the public housing agency, if the resident maintains each pet responsibly and in accordance with applicable State and local public health, animal control, and animal anti-cruelty laws and regulations and with the policies established in the public housing agency plan for the agency.

(b) Reasonable requirements

The reasonable requirements referred to in subsection (a) may include—

(1)

requiring payment of a nominal fee, a pet deposit, or both, by residents owning or having pets present, to cover the reasonable operating costs to the project relating to the presence of pets and to establish an escrow account for additional costs not otherwise covered, respectively;

(2)

limitations on the number of animals in a unit, based on unit size;

(3)

prohibitions on—

(A)

types of animals that are classified as dangerous; and

(B)

individual animals, based on certain factors, including the size and weight of the animal; and

(4)

restrictions or prohibitions based on size and type of building or project, or other relevant conditions.

(c) Pet ownership in public housing designated for occupancy by elderly or handicapped families

For purposes of this section, the term “public housing” has the meaning given the term in section 1437a(b) of this title, except that such term does not include any public housing that is federally assisted rental housing for the elderly or handicapped, as such term is defined in section 1701r–1(d) of title 12.

(d) Regulations

This section shall take effect upon the date of the effectiveness of regulations issued by the Secretary to carry out this section. Such regulations shall be issued after notice and opportunity for public comment in accordance with the procedure under section 553 of title 5 applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section).

Source credit: (Sept. 1, 1937, ch. 896, title I, § 31, as added Pub. L. 105–276, title V, § 526, Oct. 21, 1998, 112 Stat. 2568.)

history & why it existsrecord from the source credit
  • 1937Enacted · Pub. L. 105-276 · 112 Stat. 2568

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-276 on 1937-09-01.

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