[Link to
GHM-0070](http://www.hud.gov/offices/adm/hudclips/lops/GHM-0070LOPS.doc)

[Link to
GHM-0071](http://www.hud.gov/offices/adm/hudclips/lops/GHM-0071LOPS.doc)

Pet Ownership in Non-Insured Section 236 Project

Legal Opinion: GHM-0027

Index: 3.320

Subject: Pet Ownership in Non-Insured Section 236 Project

March 11, 1992

Ms. Elizabeth V. Morrison

10 Centre Street, Apt. 2A

Cambridge, Massachusetts 02139

Dear Ms. Morrison:

This is in response to your letter dated January 29, 1992

requesting an opinion concerning whether you are entitled, as a

senior citizen, to keep a pet in your apartment. You indicated

in your letter that you are a tenant in 929 House, a Section 236,

non-insured state agency financed project. The project is a

family complex with approximately 20 senior citizens living in

the project buildings. You noted that when you moved into the

project two years ago, you had a small cat. You took the cat

with you because you understood that senior citizens were allowed

to have a pet if they were subsidized under the Section 236

program or had a Section 8 certificate. Last summer you stated

that the Regional Property Manager of the project started to

harass you, threatening you with eviction if you did not remove

the cat. Subsequently, you placed the cat with your daughter for

two and a half months. The cat became ill due to a change in his

living situation. Your daughter now has to move and you are

being harassed again and threatened with eviction if you do not

remove the cat again.

The Department\'s regulations concerning pet ownership in

housing for the elderly or handicapped is set forth in Title 24

of the Code of Federal Regulations, Part 243. Part 243

implements Section 227 of the Housing and Urban-Rural Recovery

Act of 1983 (HURRA). Section 227 of HURRA provides that no owner

or manager of federally assisted rental housing for the elderly

or handicapped may as a condition of tenancy or otherwise,

prohibit or prevent tenants of such housing from owning or

keeping common household pets in their units, or restrict or

discriminate against persons in connection with admission to, or

continued occupancy of, such housing because they own common

household pets. Section 243.3(c)(2) defines \"project for the

elderly or handicapped\" to mean:

a specific rental or cooperative multifamily property that,

unless currently owned by HUD, is subject to a first

mortgage, and . . . was designated for occupancy by the

elderly or handicapped families when the funds for the

project were reserved, or when the commitment to insure the

mortgage was issued or, if not then so designated, that is

designated for such occupancy in an effective amendment to

the regulatory agreement covering the project, made pursuant

to the project owner\'s request, and (ii) that is assisted

2

(with or without HUD mortgage insurance) under Section

221(d)(3) BMIR of the National Housing Act or 24 CFR

P art 236 . . . .

The pet regulations are interpreted as permitting elderly or

handicapped tenants to own pets only in multifamily housing

projects designed for the elderly or handicapped that are

assisted under Sections 221(d)(3)BMIR, 236 of the National

Housing Act and certain other HUD assisted programs. The pet

regulations do not apply to HUD-insured multifamily projects

which are not designed specifically for the elderly or

handicapped even though they may be assisted under Sections

221(d)(3) BMIR or 236 or other HUD-assisted programs. See 51

Fed. Reg. 43274 (1986). A project which is \"designed

specifically for the elderly or handicapped\" is one in which the

majority of the units were, at the time the funds for the project

mortgage were reserved or at the time the commitment for mortgage

insurance was issued to the project mortgagor, constructed

specifically for occupancy by elderly or handicapped tenants.

See 24 CFR Section 243.3(c)(2).

We have been advised by our Boston Regional Office that

929 House is a non-insured Section 236 project which is designed

for occupancy by families. The majority of the units in 929

House are not designed specifically for occupancy by elderly or

handicapped tenants. Consequently, the Department\'s pet

regulations do not apply to pet ownership in 929 House.

Pet ownership in HUD assisted projects which are not covered

by the pet regulations is governed by the terms of the lease

executed by the tenants. Tenants living in family projects

assisted under Sections 221(d)(3) BMIR or 236 are required to

execute a lease on a form prescribed by HUD (HUD Model Lease).

Paragraph 13d of the HUD Model Lease provides in pertinent part

that \" t he Tenant agrees not to . . . have pets or animals of

any kind in the unit without the prior written permission of the

Landlord . . . .\"

In view of the foregoing, we recommend that you review the

provisions of your lease to ascertain the project owner\'s policy

on pet ownership in 929 House. If the provisions of your lease

read similarly or identically to Paragraph 13d quoted above, pet

ownership in 929 House is not permissible unless the project

owner consents to such ownership. Since 929 House is not a

project designed specifically for the elderly or handicapped, pet

ownership in that project will be governed by the terms of your

lease.

Sincerely yours, 3

David R. Cooper

Assistant General Counsel

Multifamily Mortgage Division