§ 1701r-1. — Pet ownership in assisted rental housing for the elderly or handicapped.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC1701r-1]
TITLE 12--BANKS AND BANKING
CHAPTER 13--NATIONAL HOUSING
Sec. 1701r-1. Pet ownership in assisted rental housing for the
elderly or handicapped
(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) of this section with respect to any program
of assistance referred to in subsection (d) of this section 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. 1435 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.
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\1\ See References in Text note below.
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(Pub. L. 98-181, title II, Sec. 227, Nov. 30, 1983, 97 Stat. 1195.)
References in Text
The United States Housing Act of 1937, referred to in subsec.
(d)(2), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L.
93-383, title II, Aug. 22, 1974, 88 Stat. 653, which is classified
generally to chapter 8 (Sec. 1437 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code,
see Short Title note set out under section 1437 of Title 42 and Tables.
The National Housing Act, referred to in subsec. (d)(2), is act June
27, 1934, ch. 847, 48 Stat. 1246, as amended, which is classified
principally to this chapter (Sec. 1701 et seq.). For complete
classification of this Act to the Code, see section 1701 of this title
and Tables.
The Housing Act of 1949, referred to in subsec. (d)(2), is act July
15, 1949, ch. 338, 63 Stat. 413, as amended. Title V of the Housing Act
of 1949 is classified generally to subchapter III (Sec. 1471 et seq.) of
chapter 8A of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set out
under section 1441 of Title 42 and Tables.
Section 1701q of this title, referred to in subsec. (d)(2), was
amended generally by Pub. L. 101-625, title VIII, Sec. 801(a), Nov. 28,
1990, 104 Stat. 4297, and, as so amended, no longer contains a subsec.
(d)(4) or a definition of the term ``elderly or handicapped families''.
Codification
Section was enacted as part of the Housing and Urban-Rural Recovery
Act of 1983 and also as part of the Domestic Housing and International
Recovery and Financial Stability Act, and not as part of the National
Housing Act which comprises this chapter.
Section Referred to in Other Sections
This section is referred to in title 42 section 1437z-3.