42 U.S.C. § 1437z–3
Pet ownership in public housing (THE PUBLIC HEALTH AND WELFARE (42 U.S.C.))
Operative Text
A resident of a dwelling unit in public housing (as such term is defined in subsection (c)) may own 1 or more common household pets or have 1 or more common household pets present in the dwelling unit of such resident, subject to the reasonable requirements of the public housing agency, if the resident maintains each pet responsibly and in accordance with applicable State and local public health, animal control, and animal anti-cruelty laws and regulations and with the policies established in the public housing agency plan for the agency. The reasonable requirements referred to in subsection (a) may include— requiring payment of a nominal fee, a pet deposit, or both, by residents owning or having pets present, to cover the reasonable operating costs to the project relating to the presence of pets and to establish an escrow account for additional costs not otherwise covered, respectively; limitations on the number of animals in a unit, based on unit size; prohibitions on— types of animals that are classified as dangerous; and individual animals, based on certain factors, including the size and weight of the animal; and restrictions or prohibitions based on size and type of building or project, or other relevant conditions. For purposes of this section, the term “public housing” has the meaning given the term in , except that such term does not include any public housing that is federally assisted rental housing for the elderly or handicapped, as such term is defined in . This section shall take effect upon the date of the effectiveness of regulations issued by the Secretary to carry out this section. Such regulations shall be issued after notice and opportunity for public comment in accordance with the procedure under applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section).
Under 42 U.S.C. § 1437z–3, residents of standard public housing have a federally recognized right to own or keep common household pets in their units, provided they care for those pets responsibly and comply with applicable state and local laws on public health, animal control, and anti-cruelty. This right is not unconditional — public housing agencies are permitted to impose reasonable requirements, such as nominal fees or deposits, limits on the number or type of animals, and restrictions tied to building size or type. Notably, the provision does not extend to federally assisted rental housing designated for elderly or handicapped residents, which is governed separately.
Plain English — not legal advice.
Public housing agencies operating under 42 U.S.C. § 1437z–3 generally reflect this federal pet-ownership right in their agency plans, spelling out the specific reasonable requirements they have chosen to adopt — such as pet fees or deposits held in escrow, per-unit animal limits scaled to unit size, and any breed or weight restrictions. Compliant agencies document these policies clearly in their public housing agency plans and apply them consistently across residents. Agencies also typically track which animals are present and ensure that any restrictions on dangerous animal types or individual animals are grounded in the factors the statute identifies.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 42 U.S.C. § 1437z–3, residents of standard public housing have a federal right to keep common household pets, and a housing agency cannot simply ban pets outright — though it can impose reasonable conditions through its agency plan. If a resident believes a housing agency's pet-related policy goes beyond what the statute permits, options generally include raising the issue with the agency's grievance process, filing a complaint with the relevant HUD field office, or reaching out to a local tenant-rights organization familiar with public housing rules. Reviewing the specific agency plan is a useful starting point for understanding exactly which requirements apply at a given property.
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 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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