e-CFR Data is current as of September 28, 2011

Title 24: Housing and Urban Development

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

§ 24 CFR 960.707   Pet ownership.

(a) Ownership Conditions. A resident of a dwelling unit in public housing, as that term is used in §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 PHA, 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 PHA Annual Plan for the agency as provided in part 903 of this chapter.

(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 development relating to the presence of pets, a refundable pet deposit to cover additional costs attributable to the pet and 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 the PHA classifies as dangerous, provided that such classifications are consistent with applicable State and local law, and prohibitions on individual animals, based on certain factors, including the size and weight of animals;

(4) Restrictions or prohibitions based on size and type of building or project, or other relevant conditions;

(5) Registration of the pet with the PHA; and

(6) Requiring pet owners to have their pets spayed or neutered.

(c) Restriction. A PHA may not require pet owners to have any pet's vocal chords removed.

(d) Pet deposit. A PHA that requires a resident to pay a pet deposit must place the deposit in an account of the type required under applicable State or local law for pet deposits or, if State or local law has no requirements regarding pet deposits, for rental security deposits, if applicable. The PHA shall comply with such applicable law as to retention of the deposit, interest, and return of the deposit or portion thereof to the resident, and any other applicable requirements.

(e) PHA Plan. Unless otherwise provided by §903.11 of this chapter, Annual Plans are required to contain information regarding the PHA's pet policies, as described in §903.7(n) of this chapter, beginning with PHA fiscal years that commence on or after January 1, 2001.

Source: GPO Electronic Code of Federal Regulations, '24 CFR 960.707 Pet ownership.', selected by David Hoicka

e-CFR Data is current as of September 28, 2011

Title 24: Housing and Urban Development

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

§ 24 CFR 960.705   Animals that assist, support, or provide service to persons with disabilities.

(a) This subpart G does not apply to animals that assist, support or provide service to persons with disabilities. 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 such animals that reside in public housing, as that term is used in §960.703, and such animals that visit these developments.

(b) Nothing in this subpart G:

(1) Limits or impairs the rights of persons with disabilities;

(2) Authorizes PHAs to limit or impair the rights of persons with disabilities; or

(3) Affects any authority that PHAs may have to regulate service animals that assist, support or provide service to persons with disabilities, under Federal, State, or local law.

Source: GPO Electronic Code of Federal Regulations, '24 CFR 960.705 Animals that assist, support, or provide service to persons with disabilities.', selected by David Hoicka

e-CFR Data is current as of September 28, 2011

Title 24: Housing and Urban Development

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

§ 24 CFR 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 public housing developments for the elderly or persons with disabilities. Regulations that apply to pet ownership in such developments are located in part 5, subpart C, of this title.

Source: GPO Electronic Code of Federal Regulations, '24 CFR 960.703 Applicability.', selected by David Hoicka

e-CFR Data is current as of September 28, 2011

Title 24: Housing and Urban Development

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

§ 24 CFR 960.701   Purpose.

The purpose of this subpart is, in accordance with section 31 of the United States Housing Act of 1937 (42 U.S.C. 1437z-3), to permit pet ownership by residents of public housing, subject to compliance with reasonable requirements established by the public housing agency (PHA) for pet ownership.

Source: GPO Electronic Code of Federal Regulations, '24 CFR 960.701 Purpose.', selected by David Hoicka

e-CFR Data is current as of September 28, 2011

Title 24: Housing and Urban Development

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

§ 24 CFR 960.609   Prohibition against replacement of PHA employees.

In implementing the service requirement under this subpart, the PHA may not substitute community service or self-sufficiency activities performed by residents for work ordinarily performed by PHA employees, or replace a job at any location where residents perform activities to satisfy the service requirement.

Source: GPO Electronic Code of Federal Regulations, '24 CFR 960.609 Prohibition against replacement of PHA employees.', selected by David Hoicka

e-CFR Data is current as of September 28, 2011

Title 24: Housing and Urban Development

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

§ 24 CFR 960.607   Assuring resident compliance.

(a) Third-party certification. If qualifying activities are administered by an organization other than the PHA, a family member who is required to fulfill a service requirement must provide signed certification to the PHA by such other organization that the family member has performed such qualifying activities.

(b) PHA notice of noncompliance. (1) If the PHA determines that there is a family member who is required to fulfill a service requirement, but who has violated this family obligation (noncompliant resident), the PHA must notify the tenant of this determination.

(2) The PHA notice to the tenant must:

(i) Briefly describe the noncompliance;

(ii) State that the PHA will not renew the lease at the end of the twelve month lease term unless:

(A) The tenant, and any other noncompliant resident, enter into a written agreement with the PHA, in the form and manner required by the PHA, to cure such noncompliance, and in fact cure such noncompliance in accordance with such agreement; or

(B) The family provides written assurance satisfactory to the PHA that the tenant or other noncompliant resident no longer resides in the unit.

(iii) State that the tenant may request a grievance hearing on the PHA determination, in accordance with part 966, subpart B of this chapter, and that the tenant may exercise any available judicial remedy to seek timely redress for the PHA's nonrenewal of the lease because of such determination.

(c) Tenant agreement to comply with service requirement. If the tenant or another family member has violated the service requirement, the PHA may not renew the lease upon expiration of the term unless:

(1) The tenant, and any other noncompliant resident, enter into a written agreement with the PHA, in the form and manner required by the PHA, to cure such noncompliance by completing the additional hours of community service or economic self-sufficiency activity needed to make up the total number of hours required over the twelve-month term of the new lease, and

(2) All other members of the family who are subject to the service requirement are currently complying with the service requirement or are no longer residing in the unit.

Source: GPO Electronic Code of Federal Regulations, '24 CFR 960.607 Assuring resident compliance.', selected by David Hoicka

e-CFR Data is current as of September 28, 2011

Title 24: Housing and Urban Development

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

§ 24 CFR 960.605   How PHA administers service requirements.

(a) PHA policy. Each PHA must develop a local policy for administration of the community service and economic self-sufficiency requirements for public housing residents.

(b) Administration of qualifying community service or self-sufficiency activities for residents. The PHA may administer qualifying community service or economic self-sufficiency activities directly, or may make such activities available through a contractor, or through partnerships with qualified organizations, including resident organizations, and community agencies or institutions.

(c) PHA responsibilities. (1) The PHA policy must describe how the PHA determines which family members are subject to or exempt from the service requirement, and the process for determining any changes to exempt or non-exempt status of family members.

(2) The PHA must give the family a written description of the service requirement, and of the process for claiming status as an exempt person and for PHA verification of such status. The PHA must also notify the family of its determination identifying the family members who are subject to the service requirement, and the family members who are exempt persons.

(3) The PHA must review family compliance with service requirements, and must verify such compliance annually at least thirty days before the end of the twelve month lease term. If qualifying activities are administered by an organization other than the PHA, the PHA shall obtain verification of family compliance from such third parties.

(4) The PHA must retain reasonable documentation of service requirement performance or exemption in participant files.

(5) The PHA must comply with non-discrimination and equal opportunity requirements listed at §5.105(a) of this title.

Source: GPO Electronic Code of Federal Regulations, '24 CFR 960.605 How PHA administers service requirements.', selected by David Hoicka

e-CFR Data is current as of September 28, 2011

Title 24: Housing and Urban Development

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

§ 24 CFR 960.603   General requirements.

(a) Service requirement. Except for any family member who is an exempt individual, each adult resident of public housing must:

(1) Contribute 8 hours per month of community service (not including political activities); or

(2) Participate in an economic self-sufficiency program for 8 hours per month; or

(3) Perform 8 hours per month of combined activities as described in paragraphs (a)(1) and (a)(2) of this section.

(b) Family violation of service requirement. The lease shall specify that it shall be renewed automatically for all purposes, unless the family fails to comply with the service requirement. Violation of the service requirement is grounds for nonrenewal of the lease at the end of the twelve month lease term, but not for termination of tenancy during the course of the twelve month lease term (see §966.4(l)(2)(i) of this chapter).

Source: GPO Electronic Code of Federal Regulations, '24 CFR 960.603 General requirements.', selected by David Hoicka

e-CFR Data is current as of September 28, 2011

Title 24: Housing and Urban Development

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

§ 24 CFR 960.601   Definitions.

(a) Definitions found elsewhere -(1) General definitions. The following terms are defined in part 5, subpart A of this title: public housing, public housing agency (PHA).

(2) Definitions concerning income and rent. The following terms are defined in part 5, subpart F of this title: economic self-sufficiency program, work activities.

(b) Other definitions. In addition to the definitions in paragraph (a) of this section, the following definitions apply:

Community service. The performance of voluntary work or duties that are a public benefit, and that serve to improve the quality of life, enhance resident self-sufficiency, or increase resident self-responsibility in the community. Community service is not employment and may not include political activities.

Exempt individual. An adult who:

(1) Is 62 years or older;

(2)(i) Is a blind or disabled individual, as defined under 216(i)(1) or 1614 of the Social Security Act (42 U.S.C. 416(i)(1); 1382c), and who certifies that because of this disability she or he is unable to comply with the service provisions of this subpart, or

(ii) Is a primary caretaker of such individual;

(3) Is engaged in work activities;

(4) Meets the requirements for being exempted from having to engage in a work activity under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq. ) or under any other welfare program of the State in which the PHA is located, including a State-administered welfare-to-work program; or

(5) Is a member of a family receiving assistance, benefits or services under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq. ) or under any other welfare program of the State in which the PHA is located, including a State-administered welfare-to-work program, and has not been found by the State or other administering entity to be in noncompliance with such a program.

Service requirement. The obligation of each adult resident, other than an exempt individual, to perform community service or participate in an economic-self sufficiency program required in accordance with §960.603.

Source: GPO Electronic Code of Federal Regulations, '24 CFR 960.601 Definitions.', selected by David Hoicka

e-CFR Data is current as of September 28, 2011

Title 24: Housing and Urban Development

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

§ 24 CFR 960.600   Implementation.

PHAs and residents must comply with the requirements of this subpart beginning with PHA fiscal years that commence on or after October 1, 2000. Unless otherwise provided by §903.11 of this chapter, Annual Plans submitted for those fiscal years are required to contain information regarding the PHA's compliance with the community service requirement, as described in §903.7 of this chapter.

Source: GPO Electronic Code of Federal Regulations, '24 CFR 960.600 Implementation.', selected by David Hoicka