usc 12 § 1701r–1
Pet ownership in assisted rental housing for the elderly or handicapped (BANKS AND BANKING (12 U.S.C.))
Operative Text
No owner or manager of any federally assisted rental housing for the elderly or handicapped may— as a condition of tenancy or otherwise, prohibit or prevent any tenant in such housing from owning common household pets or having common household pets living in the dwelling accommodations of such tenant in such housing; or restrict or discriminate against any person in connection with admission to, or continued occupancy of, such housing by reason of the ownership of such pets by, or the presence of such pets in the dwelling accommodations of, such person. Not later than the expiration of the twelve-month period following , the Secretary of Housing and Urban Development and the Secretary of Agriculture shall each issue such regulations as may be necessary to ensure (A) compliance with the provisions of subsection (a) with respect to any program of assistance referred to in subsection (d) that is administered by such Secretary; and (B) attaining the goal of providing decent, safe, and sanitary housing for the elderly or handicapped. Such regulations shall establish guidelines under which the owner or manager of any federally assisted rental housing for the elderly or handicapped (A) may prescribe reasonable rules for the keeping of pets by tenants in such housing; and (B) shall consult with the tenants of such housing in prescribing such rules. Such rules may consider factors such as density of tenants, pet size, types of pets, potential financial obligations of tenants, and standards of pet care. Nothing in this section may be construed to prohibit any owner or manager of federally assisted rental housing for the elderly or handicapped, or any local housing authority or other appropriate authority of the community where such housing is located, from requiring the removal from any such housing of any pet whose conduct or condition is duly determined to constitute a nuisance or a threat to the health or safety of the other occupants of such housing or of other persons in the community where such housing is located. For purposes of this section, the term “federally assisted rental housing for the elderly or handicapped” means any rental housing project that— is assisted under ; or is assisted under the United States Housing Act of 1937 [ et seq.], the National Housing Act [ et seq.], or title V of the Housing Act of 1949 [ et seq.], and is designated for occupancy by elderly or handicapped families, as such term is defined in section 1701q(d)(4) of this title.
Under 12 U.S.C. § 1701r–1, owners and managers of federally assisted rental housing designated for elderly or handicapped residents cannot ban tenants from keeping common household pets or use pet ownership as a basis for denying admission or continued occupancy. At the same time, the law permits property operators to establish reasonable pet rules—developed with tenant input—covering factors like pet size, type, and care standards. The statute also preserves the ability of housing authorities to require removal of any pet that is determined to be a nuisance or a threat to the health or safety of other residents or the surrounding community.
Plain English — not legal advice.
Property owners and managers of federally assisted elderly or handicapped housing covered by 12 U.S.C. § 1701r–1 generally develop written pet policies that are reasonable in scope and address factors such as pet size, type, density of residents, and care standards. Compliant operators consult with tenants when drafting or revising those rules, rather than imposing them unilaterally. When a pet's behavior or condition is determined to pose a nuisance or health and safety threat, the statute does allow operators to pursue removal through a duly established process, provided that determination is properly documented.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 12 U.S.C. § 1701r–1, tenants living in federally assisted housing for the elderly or handicapped have a statutory right to keep common household pets and cannot be denied housing or evicted solely because they own one. While management may impose reasonable pet rules developed with tenant input, those rules cannot amount to an outright ban. Tenants who believe this protection has been violated may consider raising the statutory provision as a defense in any eviction or admission proceeding, filing a complaint with the U.S. Department of Housing and Urban Development, or reaching out to a local tenant-rights organization for general information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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