
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1437z-3]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                      CHAPTER 8--LOW-INCOME HOUSING
 
            SUBCHAPTER I--GENERAL PROGRAM OF ASSISTED HOUSING
 
Sec. 1437z-3. Pet ownership in public housing


(a) Ownership conditions

    A resident of a dwelling unit in public housing (as such term is 
defined in subsection (c) of this section) 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) of this 
section 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).

(Sept. 1, 1937, ch. 896, title I, Sec. 31, as added Pub. L. 105-276, 
title V, Sec. 526, Oct. 21, 1998, 112 Stat. 2568.)


                             Effective Date

    Section effective and applicable beginning upon Oct. 1, 1999, except 
as otherwise provided, with provision that Secretary may implement 
section before such date except to extent otherwise provided, see 
section 503 of Pub. L. 105-276, set out as an Effective Date of 1998 
Amendment note under section 1437 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1437c-1 of this title.
