Editorial Note on Part 5
Editorial Note: Nomenclature changes to part 5 appear at 65 FR 16715, Mar. 29, 2000.

§ 5.350 Mandatory pet rules for housing programs. *Mandatory rules.* The project owner must prescribe the following pet rules: ( a ) *Inoculations.* The pet rules shall require pet owners to have their pets inoculated in accordance with State and local laws.
( b ) *Sanitary standards.* ( 1 ) The pet rules shall prescribe sanitary standards to govern the disposal of pet waste. These rules may: ( i ) Designate areas on the project premises for pet exercise and the deposit of pet waste;
( ii ) Forbid pet owners from exercising their pets or permitting their pets to deposit waste on the project premises outside the designated areas;
( iii ) Require pet owners to remove and properly dispose of all removable pet waste; and
( iv ) Require pet owners to remove pets from the premises to permit the pet to exercise or deposit waste, if no area in the project is designated for such purposes.
( 2 ) In the case of cats and other pets using litter boxes, the pet rules may require the pet owner to change the litter (but not more than twice each week), may require pet owners to separate pet waste from litter (but not more than once each day), and may prescribe methods for the disposal of pet waste and used litter.
( c ) *Pet restraint.* The pet rules shall require that all cats and dogs be appropriately and effectively restrained and under the control of a responsible individual while on the common areas of the project.
( d ) *Registration.* ( 1 ) The pet rules shall require pet owners to register their pets with the project owner. The pet owner must register the pet before it is brought onto the project premises, and must update the registration at least annually. The project owner may coordinate the annual update with the annual reexamination of tenant income, if applicable. The registration must include: ( i ) A certificate signed by a licensed veterinarian or a State or local authority empowered to inoculate animals (or designated agent of such an authority) stating that the pet has received all inoculations required by applicable State and local law;
( ii ) Information sufficient to identify the pet and to demonstrate that it is a common household pet; and
( iii ) The name, address, and phone number of one or more responsible parties who will care for the pet if the pet owner dies, is incapacitated, or is otherwise unable to care for the pet.
( 2 ) The project owner may require the pet owner to provide additional information necessary to ensure compliance with any discretionary rules prescribed under § 5.318, and shall require the pet owner to sign a statement indicating that he or she has read the pet rules and agrees to comply with them.
( 3 ) The pet rules shall permit the project owner to refuse to register a pet if: ( i ) The pet is not a common household pet;
( ii ) The keeping of the pet would violate any applicable house pet rule;
( iii ) The pet owner fails to provide complete pet registration information or fails annually to update the pet registration; or
( iv ) The project owner reasonably determines, based on the pet owner's habits and practices, that the pet owner will be unable to keep the pet in compliance with the pet rules and other lease obligations. The pet's temperament may be considered as a factor in determining the prospective pet owner's ability to comply with the pet rules and other lease obligations.
( 4 ) The project owner may not refuse to register a pet based on a determination that the pet owner is financially unable to care for the pet or that the pet is inappropriate, based on the therapeutic value to the pet owner or the interests of the property or existing tenants.
( 5 ) The pet rules shall require the project owner to notify the pet owner if the project owner refuses to register a pet. The notice shall state the basis for the project owner's action and shall be served on the pet owner in accordance with the requirements of § 5.353(f)(1)(i) or (ii). The notice of refusal to register a pet may be combined with a notice of pet violation as required in § 5.356.