[Federal Register Volume 64, Number 120 (Wednesday, June 23, 1999)]
[Proposed Rules]
[Pages 33640-33642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15734]



[[Page 33639]]

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Part IV





Department of Housing and Urban Development





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24 CFR Part 960



Pet Ownership in Public Housing; Proposed Rule

  Federal Register / Vol. 64, No. 120 / Wednesday, June 23, 1999 / 
Proposed Rules  

[[Page 33640]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 960

[Docket No. FR-4437-P-01]
RIN 2577-AB94


Pet Ownership in Public Housing

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would establish pet ownership requirements 
for residents of public housing other than federally assisted rental 
housing for the elderly or persons with disabilities. Regulations 
covering pet ownership requirements for residents of federally assisted 
rental housing for the elderly or persons with disabilities are located 
at 24 CFR part 5, subpart C. This proposed rule would not alter or 
affect these current regulations in any way.

DATES: Comments Due Date: August 23, 1999.

ADDRESSES: Submit your comments about this proposed rule to the Office 
of the General Counsel, Rules Docket Clerk, Room 10276, U.S. Department 
of Housing and Urban Development, 451 Seventh Street, SW, Washington, 
DC 20410-0500. Your comments should refer to the above docket number 
and title. We do not accept facsimile (FAX) comments. A copy of each 
comment submitted will be available for public inspection and copying 
during regular business hours (7:30 a.m. to 5:30 p.m.) at the above 
address.

FOR FURTHER INFORMATION CONTACT: Patricia S. Arnaudo, Senior Program 
Manager, Office of Public and Assisted Housing Delivery, Room 4222, 
U.S. Department of Housing and Urban Development, 451 Seventh Street, 
SW, Washington, DC 20410-5000; telephone (202) 708-0744 (this is not a 
toll-free number). Hearing- or speech-impaired individuals may access 
this number via TTY by calling the toll-free Federal Information Relay 
Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

I. Background Information

a. Pet Ownership in Public Housing--Section 31 of the United States 
Housing Act of 1937

    Section 526 of the Quality Housing and Work Responsibility Act of 
1998 (Public Law 105-276, 112 Stat. 2461, 2568)(the Public Housing 
Reform Act of 1998) added new section 31 (captioned ``Pet Ownership in 
Public Housing'') to the United States Housing Act of 1937 (42 U.S.C. 
1437z-3)(the 1937 Act). Section 31 establishes pet ownership 
requirements for residents of public housing other than federally 
assisted rental housing for the elderly or persons with 
disabilities.1 Section 31(a) of the 1937 Act (captioned 
``Ownership Conditions'') states that:

    \1\ Section 31 of the 1937 Act uses the term ``federally 
assisted rental housing for the elderly or handicapped.'' HUD 
prefers to use the term ``persons with disabilities'' in place of 
the term ``handicapped.'' Accordingly, this preamble uses the term 
``persons with disabilities'' wherever possible. However, because 
HUD's regulations must comply with the statutory authority upon 
which they are based, the text of the regulations proposed by this 
rule retains the language of the 1937 Act.
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    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 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.

    Section 31(b) of the 1937 Act (captioned ``Reasonable 
Requirements'') lists a number of requirements that are reasonable for 
the purposes of section 31(a) and that a public housing agency may 
impose on residents who own or have pets in their dwelling units. These 
requirements may include:
    (1) Requiring the payment of a non-refundable nominal fee, a 
refundable pet deposit, or both;
    (2) Limitations on the number of animals in a unit based on unit 
size;
    (3) Prohibitions against dangerous animals and other animals based 
on certain factors including size and weight; and
    (4) Restrictions and prohibitions based on size and type of 
building or project or other relevant conditions.

b. Pet Ownership for the Elderly and Persons With Disabilities--Section 
227 of the Housing and Urban-Rural Recovery Act of 1983

    It is important to note that section 31 of the 1937 Act does not 
apply to public housing that is federally assisted rental housing for 
the elderly or persons with disabilities. Section 227 of the Housing 
and Urban-Rural Recovery Act of 1983 (12 U.S.C. 1701r-1) (the 1983 Act) 
covers pet ownership requirements for this type of housing. There are 
existing regulations that implement section 227 of the 1983 Act located 
at 24 CFR part 5, subpart C. This proposed rule would not alter or 
affect these regulations in any way, nor would the regulations at part 
5, subpart C apply in any way to public housing that is covered by 
section 31 of the 1937 Act. This proposed rule is not related in any 
way to section 227 of the 1983 Act nor the regulations that implement 
section 227 located at 24 CFR part 5, subpart C. This proposed rule 
would implement section 31 of the 1937 Act in 24 CFR part 960, rather 
than part 5, in part, to make this distinction clear.

c. This Proposed Rule

    This proposed rule would implement new section 31 of the 1937 Act 
by adding new subpart G to 24 CFR part 960. The proposed rule would add 
four new sections to subpart G. These sections would comprise the 
entire subpart. New Sec. 960.701 (captioned ``Purpose'') would state 
that the purpose of subpart G is to implement section 31 of the 1937 
Act. New Sec. 960.703 (captioned ``Applicability'') would limit the 
applicability of the subpart G regulations to public housing other than 
federally assisted rental housing for the elderly or persons with 
disabilities. New Sec. 960.703 would also direct readers to 24 CFR part 
5, subpart C, for regulations covering pet ownership requirements for 
federally assisted rental housing for the elderly or persons with 
disabilities.
    New Sec. 960.707 (captioned ``Pet ownership'') would implement the 
primary requirements of section 31 of the 1937 Act. The structure of 
new Sec. 960.707 closely follows the structure of section 31. This 
proposed rule would implement section 31 in this way in order to 
provide public housing agencies (PHAs) with discretion to fashion pet 
requirements that reflect local needs. HUD's decision to allow PHAs 
this discretion derives from the basic policy, reflected in section 
502(b) of the Public Housing Reform Act of 1998 (42 U.S.C. 1437 note), 
of deregulating and decontrolling PHAs.
    In addition to the primary requirements of section 31, new 
Sec. 960.707 would clarify that the non-refundable nominal fee that 
public housing agencies may require residents to pay is intended to 
cover the reasonable operating costs to the project, and that the 
refundable pet deposit is intended to cover additional costs not 
otherwise covered. New Sec. 960.707 would also clarify that if public 
housing agencies require a resident to pay a pet deposit, the deposit 
must be placed in an escrow account and the public housing agency must 
refund the unused portion of the deposit, plus any accrued interest, to 
the resident within a reasonable time after the resident moves from the 
project or no longer owns or

[[Page 33641]]

has a pet present in the resident's dwelling unit.

d. Service Animals That Assist Persons With Disabilities

    New Sec. 960.705 (captioned ``Service animals that assist persons 
with disabilities'') would clarify that the regulations that would be 
added by this proposed rule would not apply to service animals that 
assist persons with disabilities. New Sec. 960.705 would clarify that 
this exclusion would apply to both service animals that reside in 
public housing, covered under section 31 of the 1937 Act, and service 
animals that visit these projects. New Sec. 960.705 would also clarify 
that nothing in new subpart G limits or impairs the rights of persons 
with disabilities, authorizes PHAs to limit or impair the rights of 
persons with disabilities, or affects any authority PHAs may have to 
regulate service animals that assist persons with disabilities.

II. Findings and Certifications

Environmental Impact

    A Finding of No Significant Impact with respect to the environment 
has been made in accordance with the HUD regulations at 24 CFR part 50 
that implement section 102(2)(C) of the National Environmental Policy 
Act of 1969 (Public Law 91-190, 83 Stat. 852, 853, codified as amended 
at 42 U.S.C. 4332). The Finding of No Significant Impact is available 
for public inspection and copying during regular business hours (7:30 
a.m. to 5:30 p.m.) in the Office of the Rules Docket Clerk, Room 10276, 
U.S. Department of Housing and Urban Development, 451 Seventh Street, 
SW, Washington, DC 20410-0500.

Regulatory Flexibility Act

    The Secretary has reviewed this proposed rule before publication 
and by approving it certifies, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), that this proposed rule would not 
have a significant economic impact on a substantial number of small 
entities. The proposed rule implements section 31 of the United States 
Housing Act of 1937, which establishes pet ownership requirements for 
public housing other than federally assisted rental housing for the 
elderly or persons with disabilities.
    Section 31, and the regulations proposed by this rule, allow public 
housing agencies to require residents that own or have pets in their 
dwelling units to pay a non-refundable nominal fee to cover the 
reasonable operating costs to the project relating to the presence of 
pets, a refundable pet deposit to cover additional costs not otherwise 
covered, or both. Consequently, HUD does not believe that this proposed 
rule would have a significant economic impact on a substantial number 
of small entities.
    While HUD has determined that this rule would not have a 
significant economic impact on a substantial number of small entities, 
we welcome any comments regarding alternatives to this rule that would 
meet HUD's objectives, as described in this preamble, and would be less 
burdensome to small entities.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (Public Law 
104-4, 109 Stat. 48, 64, codified at 2 U.S.C. 1531-1538) (UMRA) 
requires Federal agencies to assess the effects of their regulatory 
actions on State, local, and tribal governments and on the private 
sector. This proposed rule does not impose, within the meaning of the 
UMRA, any Federal mandates on any State, local, or tribal governments 
or on the private sector.

Federalism Impact

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612 (captioned ``Federalism''), has determined 
that the policies contained in this rule will not have substantial 
direct effects on States or their political subdivisions, on the 
relationship between the Federal Government and the States, or on the 
distribution of power and responsibilities among various levels of 
government.

Regulatory Planning and Review

    The Office of Management and Budget (OMB) has reviewed this rule 
under Executive Order 12866 (captioned ``Regulatory Planning and 
Review'') and determined that this rule is a ``significant regulatory 
action'' as defined in section 3(f) of the Order (although not an 
economically significant regulatory action under the Order). Any 
changes made to this rule as a result of that review are identified in 
the docket file, which is available for public inspection during 
regular business hours (7:30 a.m. to 5:30 p.m.) at the Office of the 
General Counsel, Rules Docket Clerk, Room 10276, U.S. Department of 
Housing and Urban Development, 451 Seventh Street, SW, Washington, DC 
20410-0500.

List of Subjects in 24 CFR Part 960

    Aged, Grant programs--housing and community development, 
Individuals with disabilities, Pets, Public housing.
    For the reasons discussed in the preamble, HUD proposes to amend 24 
CFR part 960 as follows:

PART 960--ADMISSION TO, AND OCCUPANCY OF, PUBLIC HOUSING

    1. The authority citation for 24 CFR part 960 is revised to read as 
follows:

    Authority: 42 U.S.C. 1437a, 1437c, 1437d, 1437n, 1437z-3, and 
3535(d).

    2. Add subpart G to read as follows:

Subpart G--Pet Ownership in Public Housing

Sec.
960.701  Purpose.
960.703  Applicability.
960.705  Service animals that assist persons with disabilities.
960.707  Pet ownership.

Subpart G--Pet Ownership in Public Housing


Sec. 960.701  Purpose.

    The purpose of this subpart is to implement section 31 of the 
United States Housing Act of 1937 (42 U.S.C. 1437z-3).


Sec. 960.703  Applicability.

    This subpart applies to public housing as that term is defined in 
section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 
1437a(b)), 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 227(d) of the Housing 
and Urban-Rural Recovery Act of 1983 (12 U.S.C. 1701r-1(d)). 
Regulations that apply to pet ownership in federally assisted rental 
housing for the elderly or handicapped are located at 24 CFR part 5, 
subpart C.


Sec. 960.705  Service animals that assist persons with disabilities.

    (a) This subpart G does not apply to service animals that assist 
persons with disabilities. Public housing agencies may not apply or 
enforce any policies established under this subpart against service 
animals that assist persons with disabilities. This exclusion applies 
to both service animals that reside in public housing, as that term is 
used in Sec. 960.703, and service animals that visit these projects.
    (b) Nothing in this subpart G:
    (1) Limits or impairs the rights of persons with disabilities;
    (2) Authorizes public housing agencies to limit or impair the 
rights of persons with disabilities; or
    (3) Affects any authority that public housing agencies may have to 
regulate service animals that assist persons with

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disabilities, under Federal, State, or local law.


Sec. 960.707  Pet ownership.

    (a) Ownership Conditions. A resident of a dwelling unit in public 
housing, as that term is used in Sec. 960.703, may own one or more 
common household pets or have one 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:
    (1) Responsibly;
    (2) In accordance with applicable State and local public health, 
animal control, and animal anti-cruelty laws and regulations; and
    (3) In accordance with the policies established in the public 
housing agency plan for the agency.
    (b) Reasonable requirements. Reasonable requirements may include 
but are not limited to:
    (1) Requiring payment of a non-refundable nominal fee to cover the 
reasonable operating costs to the project relating to the presence of 
pets, a refundable pet deposit to cover additional costs not otherwise 
covered, or both;
    (2) Limitations on the number of animals in a unit, based on unit 
size;
    (3) Prohibitions on types of animals that are classified as 
dangerous, and prohibitions on individual animals, based on certain 
factors, including the size and weight of animals; and
    (4) Restrictions or prohibitions based on size and type of building 
or project, or other relevant conditions.
    (c) Pet deposit. A public housing agency that requires a resident 
to pay a pet deposit must place the deposit in an escrow account, and 
the public housing agency must refund the unused portion of the 
deposit, plus any accrued interest, to the resident within a reasonable 
time after the resident moves from the project or no longer owns or has 
a pet present in the dwelling unit of such resident.
    (d) Public Housing Agency Plan. Any policies established under this 
section must be included in the public housing agency's public housing 
agency plan.

    Dated: June 8, 1999.
Harold Lucas,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 99-15734 Filed 6-22-99; 8:45 am]
BILLING CODE 4210-33-P