[Federal Register Volume 72, Number 198 (Monday, October 15, 2007)]
[Proposed Rules]
[Pages 58448-58449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20196]



[[Page 58447]]

-----------------------------------------------------------------------

Part III





Department of Housing and Urban Development





-----------------------------------------------------------------------



24 CFR Part 5



Pet Ownership for the Elderly and Persons With Disabilities; Proposed 
Rule

  Federal Register / Vol. 72, No. 198 / Monday, October 15, 2007 / 
Proposed Rules  

[[Page 58448]]


-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 5

[Docket No. FR-5127-P-01]
RIN 2501-AD31


Pet Ownership for the Elderly and Persons With Disabilities

AGENCY: Office of the Secretary, HUD.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This proposed rule would revise HUD's regulations that apply 
to pet ownership in HUD-assisted housing for the elderly and persons 
with disabilities by conforming the exceptions for animals that assist 
persons with disabilities to those that apply to HUD's public housing 
programs, as defined in section 3(b) of the United States Housing Act.

DATES: Comment Due Date: December 14, 2007.

ADDRESSES: Interested persons are invited to submit comments regarding 
this rule to the Regulations Division, Office of General Counsel, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 10276, Washington, DC 20410-0500. Interested persons also may 
submit comments electronically through the federal eRulemaking portal 
at www.regulations.gov. HUD strongly encourages commenters to submit 
comments electronically so that HUD, in turn, can make them immediately 
available to the public. Commenters should follow the instructions 
provided on that site to submit comments electronically. Facsimile 
(FAX) comments are not accepted. In all cases, communications must 
refer to the docket number and title. All comments and communications 
submitted to HUD will be available for public inspection and copying 
between 8 a.m. and 5 p.m. weekdays at the above address. Due to 
security measures at the HUD Headquarters building, an advance 
appointment to review the public comments must be scheduled by calling 
the Regulations Division at (202) 708-3055 (this is not a toll-free 
number). Copies of all comments submitted are available for inspection 
and downloading at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Bryan Greene, Deputy Assistant 
Secretary for Enforcement and Programs, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 5204, Washington, DC 20410-
2000; telephone number (202) 619-8046 (this is not a toll-free number). 
Hearing- or speech-impaired persons may contact this number by calling 
the toll-free Federal Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    Certain animals provide assistance or perform tasks for the benefit 
of a person with a disability. These animals, often referred to as 
``assistance animals,'' ``service animals,'' ``support animals,'' or 
``therapy animals,'' provide disability-related functions including, 
but not limited to, guiding visually impaired individuals, alerting 
hearing-impaired persons to sounds and noises, providing protection or 
rescue assistance, pulling a wheelchair, seeking and retrieving items, 
alerting individuals to impending seizures, and providing emotional 
support to persons who have a disability-related need for such support.
    The pet ownership policies and general requirements for pet 
ownership applicable to public housing and multifamily housing projects 
for the elderly or persons with disabilities are described in HUD's 
regulations at 24 CFR part 5, subpart C. Pet ownership by residents in 
public housing, except housing projects for the elderly or persons with 
disabilities and not including housing assisted under section 8 of the 
United States Housing Act of 1937 (42 U.S.C. 1437f et seq.), is 
addressed in HUD's regulations at 24 CFR part 960, subpart G. Under 
these regulations, in addition to HUD's pet ownership policies, public 
housing agencies (PHAs) and owners may develop and impose additional, 
reasonable requirements for pet ownership by tenants and residents. See 
24 CFR part 5, subpart C and 24 CFR part 960, subpart G for 
descriptions of applicable policies and requirements.
    Parts 5 and 960 contain minor differences in pet ownership 
exclusion policies and requirements for animals that assist persons 
with disabilities. In 24 CFR 5.303, entitled, ``Exclusion for animals 
that assist persons with disabilities,'' project owners and PHAs may 
not apply or enforce any pet rules developed under part 5 against 
individuals with animals that are used to assist persons with 
disabilities. Part 5, however, states that owners or PHAs may require 
that assistance animals qualify for the exclusion and that owners must 
grant this exclusion under certain circumstances. These circumstances 
include: (1) The tenant or prospective tenant certifies in writing that 
the tenant or a member of his or her family is a person with a 
disability; (2) the animal has been trained to assist persons with that 
specific disability; and (3) the animal actually assists the person 
with a disability.
    In contrast, Sec.  960.705 states that PHAs may not apply or 
enforce pet policies established under 24 CFR part 960 against animals 
that are necessary as a reasonable accommodation to assist, support, or 
provide service to persons with disabilities. This exclusion applies to 
such animals that reside in public housing, other than housing 
developments for the elderly or persons with disabilities, and to such 
animals that visit these developments. The provisions in part 960 do 
not contain the tenant certification or the animal training 
requirements found in Sec.  5.303. PHAs however, are authorized to 
verify that the animal qualifies as a reasonable accommodation under 
Section 504 of the Rehabilitation Act of 1973 and the Fair Housing Act 
(the Acts). An animal qualifies as a reasonable accommodation if: (1) 
An individual has a disability, as defined in the Acts, (2) the animal 
is needed to assist with the disability, and (3) the individual who 
requests the reasonable accommodation demonstrates that there is a 
relationship between the disability and the assistance that the animal 
provides.

II. This Proposed Rule

    This proposed rule would revise HUD's regulations that apply to 
assistance animals in HUD-assisted housing, including public housing 
serving elderly and disabled families, by making the assistance animal 
exceptions in those regulations similar to the requirements and 
procedures that currently apply to HUD's other public housing programs. 
HUD is undertaking this effort to improve uniformity in its 
regulations.
    In order to conform the assistance animal provisions for housing 
serving elderly or disabled families in 24 CFR 5.303 to the public 
housing provisions, excluding section 8, in 24 CFR 960.705, HUD is 
proposing minor revisions to Sec.  5.303.
    First, HUD would revise Sec.  5.303(a) to broaden the functions of 
assistance animals to state that the exclusion applies to animals that 
``assist, support, or provide service to persons with disabilities.'' 
The current regulation is limited to animals that ``assist persons with 
disabilities.''
    Second, Sec.  5.303(a) would be revised to state that project 
owners and PHAs may not apply or enforce any policies established under 
this subpart against animals that are necessary as a reasonable 
accommodation to assist, support, or provide service to persons with 
disabilities. This language is

[[Page 58449]]

adopted from the similar provision in Sec.  960.705, for uniformity.
    Finally, in order to conform to the provisions in Sec.  960.705, 
HUD proposes to remove the tenant certification and animal training 
requirements in Sec.  5.303(a)(1)(i)-(iii). Removing the training and 
certification requirements will ensure uniformity in HUD's regulations.

III. Findings and Certifications

Environmental Impact

    This proposed rule involves a policy document that sets out 
nondiscrimination standards. Accordingly, under 24 CFR 50.19(c)(3), 
this proposed rule is categorically excluded from environmental review 
under the National Environmental Policy Act (42 U.S.C. 4321 et seq.).

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) generally 
requires an agency to conduct a regulatory flexibility analysis of any 
rule subject to notice and comment rulemaking requirements, unless the 
agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities. The proposed rule 
would conform the assistance animal requirements in certain housing for 
the elderly or persons with disabilities with the provisions for 
assistance animals in other HUD-assisted housing programs. 
Specifically, this change would remove the training and certification 
requirements. Such a change is likely to decrease the administrative 
burden on project owners to process assistance animal certifications. 
Accordingly, the undersigned certifies that this rule will not have a 
significant economic impact on a substantial number of small entities.
    Notwithstanding HUD's determination that this rule will not have a 
significant economic impact on a substantial number of small entities, 
HUD specifically invites comments regarding less burdensome 
alternatives to this rule that will meet HUD's objectives, as described 
in this preamble.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 
U.S.C. 1531-1538) establishes requirements for federal agencies to 
assess the effects of their regulatory actions on state, local, and 
tribal governments and the private sector. This rule does not impose 
any federal mandate on state, local, or tribal government or the 
private sector within the meaning of UMRA.

Federalism

    Executive Order 13132 (entitled ``Federalism'') prohibits an agency 
from publishing any rule that has federalism implications, if the rule 
either imposes substantial direct compliance costs on state and local 
governments and is not required by statute, or the rule preempts state 
law, unless the agency meets the consultation and funding requirements 
of section 6 of the Executive Order. This rule does not have federalism 
implications and does not impose substantial direct compliance costs on 
state and local governments nor preempt state law within the meaning of 
the Executive Order.

List of Subjects in 24 CFR Part 5

    Administrative practice and procedure, Aged, Claims, Crime, 
Government contracts, Grant programs--housing and community 
development, Individuals with disabilities, Intergovernmental 
relations, Loan programs--housing and community development, Low and 
moderate income housing, Mortgage insurance, Penalties, Pets, Public 
housing, Rent subsidies, Reporting and recordkeeping requirements, 
Social Security, Unemployment compensation, Wages.

    Accordingly, for the reasons stated in the preamble, HUD proposes 
to amend 24 CFR part 5 to read as follows:

PART 5--GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS

    1. The authority citation for part 5 continues to read as follows:

    Authority: 42 U.S.C. 1437a, 1437c, 1437d, 1437f, 1437n, 3535(d), 
and Sec. 327, Pub. L. 109-115, 119 Stat. 2936.

    2. Revise Sec.  5.303 to read as follows:

Sec.  5.303  Exclusion for animals that assist persons with 
disabilities.

    (a) This subpart C does not apply to animals that are used to 
assist, support, or provide service to persons with disabilities. 
Project owners and PHAs may not apply or enforce any policies 
established under this subpart against animals that are necessary as a 
reasonable accommodation to assist, support, or provide service to 
persons with disabilities. This exclusion applies to animals that 
reside in projects for the elderly or persons with disabilities, as 
well as to animals that visit these projects.
    (b) Nothing in this subpart C:
    (1) Limits or impairs the rights of persons with disabilities;
    (2) Authorizes project owners or PHAs to limit or impair the rights 
of persons with disabilities; or
    (3) Affects any authority that project owners or PHAs may have to 
regulate animals that assist persons with disabilities, under federal, 
state, or local law.

    Dated: September 18, 2007.
Roy A. Bernardi,
Deputy Secretary.
[FR Doc. E7-20196 Filed 10-12-07; 8:45 am]
BILLING CODE 4210-67-P