Welcome to Your Housing Help Session!

2. Welcome to Your Housing Help Session! • Today’s Topics: • Pets • Allowable restrictions • ACOP policies • Service animals

3. Welcome to Housing Help! • Upcoming topics for the occupancy series: • 3/20/09: HCV Leasing Issues • 4/3/09: Adjusted Income (HCV & PH) • 5/8/09: Portability (HCV)

4. Pets in Public Housing

5. Pets in Public Housing • Pet rules for mixed population (elderly/disabled) developments effective March 2, 1987 • Regulations are found at 24 CFR 5, Subpart C • Pet rules for general occupancy (family) developments effective August 9, 2000 • Regulations found at 24 CFR 960, Subpart G

6. Development Types • Most of the rules are the same for all PHA developments • We’ll point out where the rules differ between development types • Note when we discuss mixed population, we are also including designated-elderly and designated-disabled developments

7. Pet Policies & PHA Plan • In mixed population (elderly/disabled) developments, PHA must notify all residents in writing when developing their pet policies • Residents have opportunity to comment and their comments must be considered • General occupancy development pet policies must be contained in PHA’s annual plan • Reviewed by resident advisory board

8. Pet Policies • Pet policies for all a PHA’s developments may be the same if in compliance with regulations for both general occupancy and elderly/disabled developments

9. Pet Policies • ASPCA Model Pet Policy • http://www2.aspca.org/media/modelpetpolicy.pdf • Developed for PHAs and residents • Guidelines for animal care, fees, etc. • ASPCA opposes breed bans • Recommends PHA pet committee

10. Ownership Conditions • Residents may own 1 or more common household pets IF

11. Ownership Conditions • Resident maintains each pet: • responsibly; • in compliance with applicable State and local public health, animal control, and animal anti-cruelty laws and regs; and • in accordance with PHA policies

12. Ownership Conditions • PHA should have written pet agreement, signed by pet owners • Violation may be grounds for removal of pet or lease termination • May ban pets from some areas • Laundry rooms, community rooms, etc.

13. Common Household Pets • PHAs may adopt the definition of common household pet for multifamily developments found in CFR 5.306(1) • Need to check with state and local law

14. Common Household Pets • CFR 5.306(1) definition: • A domesticated animal, such as a dog, cat, bird, rodent (including a rabbit), fish, or turtle, that is traditionally kept in the home for pleasure rather than for commercial purposes. Common household pet does not include reptiles (except turtles).

15. Common Household Pets • Common restrictions: • All rodents • All reptiles • Ferrets, pot-bellied pigs • Insects, arachnids

16. Reasonable Requirements • May require non-refundable nominal fee to cover reasonable operating costs related to presence of pets • Not applicable to elderly/disabled developments • PHA may have reasonable rules

17. Reasonable Requirements • And/or may require payment of a refundable pet deposit to cover additional costs not otherwise covered • May limit number of animals in a unit, based on unit size

18. Pets • PHA may prohibit types of animals classified as dangerous

19. Reasonable Requirements • Prohibitions on individual animals based on certain factors, including size and weight of animals

20. Reasonable Requirements • Examples of prohibition for individual animals: • Any animal weighing over 25 pounds • Individual dog breeds • Any animal not permitted under state/local codes • Large aquariums (# of gallons)

21. Reasonable Requirements • PHA may place restrictions or prohibitions based on size and type of building or project or other relevant conditions

22. Reasonable Requirements • Examples of building/project considerations: • Building type (high-rise) • Green space • Density/number of occupants • Project considerations may not result in a policy banning dogs

23. Reasonable Requirements • Registration of the pet with the PHA • Requiring animals are spayed or neutered

24. Restriction • PHA may not require pet owners to have any pet’s vocal cords removed

25. Pet Deposit • Not required • In mixed-population developments amount must not be larger than the TTP or a reasonable standard amount • Can use in general occupancy developments

26. Pet Deposit • If PHA requires deposit, must place in: • Account required by state or local law; or • If no state or local requirements, use laws for unit security deposit • State landlord-tenant law determines deposit requirements • Deposit may be based on size & activity of pet • Lower deposit for hamster v. dog

27. Pet Deposit • PHA must comply with law as to: • Retention • Interest • Return • Other

28. Additional Information • Statutory provision allowing PHA to prohibit dangerous animals

29. Additional Information • Reasonable requirements may include: • Certification of vet or state or local authority that pet has had all shots • Enough info to identify pet • Name, address and phone of responsible party if owner unable to care for pet

30. Additional Information • PHA could set pet-free areas • Building or floor within development • May need to transfer residents to accomplish • May not deny/delay admission (mixed population)

31. Additional Information • PHA may not require liability insurance • Not a reasonable requirement • Defeats purpose of regulations

32. Service Animals

33. Pets and Service Animals • An animal is either a reasonable accommodation animal (service or assistance animal) or a pet

34. Service Animals • PHA’s pet policies do not apply to service animals that assist persons with disabilities or that visit public housing developments • However, a person with disabilities is not automatically entitled to a service animal

35. Service Animals • Service (or assistance) animals are animals that work, provide assistance, or perform tasks for the benefit of a person with disabilities • Or provide emotional support that alleviates one or more identified symptoms or effects of a person’s disability

36. Service Animals • To document a service animal the PHA will document the disability and the connection between the disability and the requested animal • If animal does not remove a barrier to equal enjoyment of housing related to the person’s disability, the animal is a pet

37. Service Animals • PHA can’t require an assistance animal to have special license or formal training

38. Federal Register 10/27/08 • Pet Ownership for the Elderly & Persons with Disabilities; Final Rule • Revises definition of service animal for mixed population development (CFR 5.303) • Animals that are used to assist, support or provide services • Makes definition the same as CFR 960.705

39. Pets vs. Service Animals • To avoid confusing the issue, avoid using terms such as “emotional support animal”, “companion animal” or “therapy animal” • All animals could be presented as “support animals” • Animals can provide many benefits to their owners, but most are pets

40. Service Animals • Is a person with a disability who has a dog always exempt from pet policies?

41. Example • A public housing property manager notices that Richard, a resident who uses a wheelchair, has a new dog in his unit. • The manager lets Richard know that he will need to pay the usual pet deposit required for all residents keeping pets.

42. Example • Richard replies that he talked with an advocate at the disabilities rights center. The advocate said that since Richard was a person with disabilities, his animal was a support dog and that Richard should not have to pay the PHA’s pet deposit.

43. Example • How should the PHA manager respond to Richard? • Richard is a person with disabilities. Will he have to pay the pet deposit?

44. Rejecting Service Animals • A service animal can be rejected if there is reliable objective evidence that: • It poses a threat to health & safety • Unless threat can be reduced by reas. accom. • It would cause physical damage to property of others

45. No Pet Zones & Service Animals • Refusal to modify a “no pet zone” rule for service animals as a reasonable accommodation would violate civil rights laws unless: • Direct threat to health or safety • Substantial physical damage to property • Undue financial or administrative burden to PHA • Fundamentally alters the nature of services

46. Service Animals & The Lease • Families with service animals must still abide by lease provisions concerning health, safety and peaceful enjoyment • The lease can be enforced even if the lease violation is related to the presence of a service animal

47. Service Rooster?

48. Miniature Horse?

49. Regular Horse?

50. Service Animal Considerations • Improper denial of reasonable accommodation request is a violation of fair housing laws • Includes failure to act on a request • See FHEO enforcement actions at http://www.hud.gov/offices/fheo/enforcement/hudcharges.cfm • Current charges against PHAs