Here's what the United States Federal Law tells
us about renting with pets or assistance animals
for the elderly and handicapped.
UNITED STATES CODE SERVICE
TITLE 12. BANKS AND BANKING
CHAPTER 13. NATIONAL HOUSING
PROVISIONS FOR DISADVANTAGED PERSONS
12 USCS § 1701r-1 (2000)
§ 1701r-1. Pet ownership in assisted rental housing for the elderly
(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
the date of the enactment of this Act [enacted Nov. 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 202 of the Housing Act of 1959
[12 USCS § 1701q]; or
(2) is assisted under the United States Housing Act of 1937
[42 USCS § § 1437 et seq.], the National Housing Act
[12 USCS § § 1701 et seq.], or title V of the Housing Act of
1949 [42 USCS § § 1471 et seq.], and is designated for
occupancy by elderly
or handicapped families, as such term is defined in section 202(d)
(4) of the Housing Act of 1959 [12 USCS § 1701q(d)(4)].
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