Link to full document PDF format: Pet Policy
Pet policies for all developments
Pet deposits and fees for elderly/disabled developments
Pet deposits and fees in general occupancy developments
Introduction:
This policy explains HAMC’s policies on the keeping of pets and any criteria or standards pertaining to the policies. The rules adopted are reasonably related to the legitimate interest of HAMC to provide a decent, safe and sanitary living environment for all tenants, and to protect and preserve the physical condition of the property, as well as the financial interest of HAMC.
The policy is organized as follows:
- This part explains the difference between assistance animals and pets and contains policies related to the designation of an assistance animal as well as their care and handling.
This part includes pet policies that are common to both elderly/disabled developments and general occupancy developments.
This part contains policies for pet deposits and fees that are applicable to elderly/disabled developments.
This part contains policies for pet deposits and fees that are applicable to general occupancy developments.
PART I: ASSISTANCE ANIMALS
OVERVIEW
Assistance animals are animals that work, provide assistance, or perform tasks for the benefit of a person with a disability, or that provide emotional support that alleviates one or more identified symptoms or effects of a person’s disability. Assistance animals – often referred to as “service animals,” “assistive animals,” “support animals,” or “therapy animals” – perform many disability-related functions, including but not limited to the following:
- Guiding individuals who are blind or have low vision
- Alerting individuals who are deaf or hearing impaired
- Providing minimal protection or rescue assistance
- Pulling a wheelchair
- Fetching items
- Alerting persons to impending seizures
- Providing emotional support to persons with disabilities who have a disability-related need for such support
Assistance animals that are needed as a reasonable accommodation for persons with disabilities are not considered pets, and thus, are not subject to HAMC’s pet policies described in Parts II through IV of this policy.
APPROVAL OF ASSISTANCE ANIMALS
A person with a disability is not automatically entitled to have an assistance animal. Reasonable accommodation requires that there is a relationship between the person’s disability and his or her need for the animal.
HAMC may not refuse to allow a person with a disability to have an assistance animal merely because the animal does not have formal training. Some, but not all, animals that assist persons with disabilities are professionally trained. Other assistance animals are trained by the owners themselves and, in some cases, no special training is required. The question is whether or not the animal performs the assistance or provides the benefit needed by the person with the disability.
HAMC’s refusal to permit persons with a disability to use and live with an assistance animal that is needed to assist them, would violate Section 504 of the Rehabilitation Act and the Fair Housing Act unless:
- There is reliable objective evidence that the animal poses a direct threat to the health or safety of others that cannot be reduced or eliminated by a reasonable accommodation
- There is reliable objective evidence that the animal would cause substantial physical damage to the property of others
HAMC has the authority to regulate assistance animals under applicable federal, state, and local law.
For an animal to be excluded from the pet policy and be considered an assistance animal, there must be a person with disabilities in the household, and the family must request and HAMC approve a reasonable accommodation.
CARE AND HANDLING
HUD regulations do not affect any authority HAMC may have to regulate assistance animals under federal, state, and local law.
Residents must care for assistance animals in a manner that complies with state and local laws, including anti-cruelty laws.
Residents must ensure that assistance animals do not pose a direct threat to the health or safety of others, or cause substantial physical damage to the development, dwelling unit, or property of other residents.
When a resident’s care or handling of an assistance animal violates these policies, HAMC will consider whether the violation could be reduced or eliminated by a reasonable accommodation. If HAMC determines that no such accommodation can be made, HAMC may withdraw the approval of a particular assistance animal.
PART II: PET POLICIES FOR ALL DEVELOPMENTS
MANAGEMENT APPROVAL OF PETS
Registration of Pets
Pets must be registered with HAMC and Maricopa County before they are brought onto the premises.
Registration includes documentation signed by a licensed veterinarian or state/local authority that the pet has received all inoculations required by state or local law, and that the pet has no communicable disease(s) and is pest-free. This registration must be renewed annually and will be coordinated with the annual re-certification date.
Pets will not be approved to reside in a unit until completion of the registration requirements.
Refusal to Register Pets
HAMC will refuse to register a pet if:
- The pet is not a common household pet.
- Keeping the pet would violate any pet restrictions listed in this policy
- The pet owner fails to provide complete pet registration information, or fails to update the registration annually.
- The applicant has previously been charged with animal cruelty under state or local law; or has been evicted, had to relinquish a pet or been prohibited from future pet ownership due to pet rule violations or a court order.
HAMC reasonably determines that the pet owner is unable to keep the pet in compliance with the pet rules and other lease obligations. The pet’s temperament and behavior may be considered as a factor in determining the pet owner’s ability to comply with provisions of the lease.
If HAMC refuses to register a pet, a written notification will be sent to the pet owner within 10 business days of HAMC’s decision. The notice will state the reason for refusing to register the pet and will inform the family of their right to appeal the decision in accordance with HAMC’s grievance procedures.
Pet Lease Addendum
Residents who have been approved to have a pet must sign a pet lease addendum with HAMC, or the approval of the pet will be denied.
The pet lease addendum is the resident’s certification that he or she has received a copy of HAMC’s pet policy and applicable house rules, that he or she has read the policies and/or rules, understands them, and agrees to comply with them.
The resident further certifies by signing the pet lease addendum that he or she understands that non-compliance with HAMC’s pet policy and applicable house rules may result in the withdrawal of HAMC approval of the pet or termination of tenancy.
STANDARDS FOR PETS
HAMC may establish reasonable requirements related to pet ownership including, but not limited to:
- Limitations on the number of animals in a unit, based on unit size
- Prohibitions on types of animals that HAMC classifies as dangerous, provided that such classifications are consistent with applicable state and local law
- Prohibitions on individual animals, based on certain factors, including the size and weight of the animal
- Requiring pet owners to have their pets spayed or neutered
HAMC may not require pet owners to have any pet’s vocal cords removed.
Definition of “Common Household Pet”
There is no regulatory definition of common household pet for public housing programs, although the regulations for pet ownership in both elderly/disabled and general occupancy developments use the term. The regulations for pet ownership in elderly/disabled developments expressly authorize HAMC to define the term.
Common household pet means a domesticated animal, such as a dog, cat, bird, or fish that is traditionally recognized as a companion animal and is kept in the home for pleasure rather than commercial purposes.
The following animals are not considered common household pets:
- Reptiles (snakes of all varieties)
- Insects
- Rodents
- Arachnids
- Wild animals or feral animals
- Pot Bellied Pigs
- Animals used for commercial breeding
- Exotic Animals
Pet Restrictions
The following animals are not permitted:
- Any animal whose adult weight will exceed 30 pounds
- Dogs of the pit bull, Rottweiler, chow, or boxer breeds
- Ferrets or other animals whose natural protective mechanisms pose a risk to small children of serious bites or lacerations
- Members of endangered species
- Creatures which are inherently dangerous (such as tarantulas, piranha, etc.)
- Any animal not permitted under state or local law or code
Number of Pets
Residents may own a maximum of 2 pets, only 1 of which may be a dog.
In the case of fish, residents may keep no more than can be maintained in a safe and healthy manner in a tank holding up to 20 gallons. Such a tank or aquarium will be counted as 1 pet.
Other Requirements
Dogs and cats must be spayed or neutered at the time of registration or, in the case of underage animals, within 30 days of the pet reaching 6 months of age. Exceptions may be made upon veterinary certification that subjecting this particular pet to the procedure would be temporarily or permanently medically unsafe or unnecessary.
Pets must be licensed in accordance with state or local law. Residents must provide proof of licensing at the time of registration and annually, in conjunction with the resident’s annual re-certification.
PET RULES
Pet owners must maintain pets responsibly, in accordance with HAMC policies, and in compliance with applicable state and local public health, animal control, and animal cruelty laws and regulations.
Pet Area Restrictions
Pets must be maintained within the resident’s unit. When outside of the unit (within the building or on the grounds) dogs and cats must be kept on a leash or carried and under the control of the resident or other responsible individual at all times.
Pets other than dogs or cats must be kept in a cage or carrier when outside of the unit.
Pets are not permitted in common areas including lobbies, community rooms and laundry areas except for those common areas which are entrances to and exits from the building.
Pet owners are not permitted to exercise pets or permit pets to deposit waste on project premises outside of the areas designated for such purposes.
Designated Pet/No-Pet Areas
HAMC may direct initial tenant moves as may be necessary to establish pet and no-pet areas. HAMC may not refuse to admit, or delay admission of, an applicant on the grounds that the applicant’s admission would violate a pet or no-pet area. HAMC may adjust the pet and no-pet areas or may direct such additional moves as may be necessary to accommodate such applicants for tenancy or to meet the changing needs of the existing tenants.
HAMC may not designate an entire development as a no-pet area, since regulations permit residents to own pets.
With the exception of common areas as described in the previous policy, HAMC has not designated any buildings, floors of buildings, or sections of buildings as no-pet areas. In addition, HAMC has not designated any buildings, floors of buildings, or sections of buildings for residency of pet-owning tenants.
Cleanliness
The pet owner shall be responsible for the removal of waste from the exercise area by placing it in a sealed plastic bag and disposing of it in a container provided by HAMC.
The pet owner shall take adequate precautions to eliminate any pet odors within or around the unit and to maintain the unit in a sanitary condition at all times.
Litter box requirements:
Pet owners must promptly dispose of waste from litter boxes and must maintain litter boxes in a sanitary manner.
Litter shall not be disposed of by being flushed through a toilet.
Litter boxes shall be kept inside the resident’s dwelling unit.
Alterations to Unit
Pet owners shall not alter their unit, patio, premises or common areas to create an enclosure for any animal.
Installation of pet doors is prohibited.
Noise
Pet owners must agree to control the noise of pets so that such noise does not constitute a nuisance to other residents or interrupt their peaceful enjoyment of their housing unit or premises. This includes, but is not limited to loud or continuous barking, howling, whining, biting, scratching, chirping, or other such activities.
Pet Care
Each pet owner shall be responsible for adequate care, nutrition, exercise and medical attention for his/her pet.
Each pet owner shall be responsible for appropriately training and caring for his/her pet to ensure that the pet is not a nuisance or danger to other residents and does not damage HAMC property.
No animals may be tethered or chained inside or outside the dwelling unit at any time.
Responsible Parties
The pet owner will be required to designate two responsible parties for the care of the pet if the health or safety of the pet is threatened by the death or incapacity of the pet owner, or by other factors that render the pet owner unable to care for the pet.
A resident who cares for another resident’s pet must notify HAMC and sign a statement that they agree to abide by all of the pet rules.
Pets Temporarily on the Premises
Pets that are not owned by a tenant are not allowed on the premises. Residents are prohibited from feeding or harboring stray animals.
This rule does not apply to visiting pet programs sponsored by a humane society or other non-profit organizations, and approved by HAMC.
Pet Rule Violations
All complaints of cruelty and all dog bites will be referred to the Maricopa County Animal Control and/or the local municipal police department for investigation and enforcement.
If a determination is made on objective facts supported by written statements, that a resident/pet owner has violated the pet rules, written notice will be served.
The notice will contain a brief statement of the factual basis for the determination and the pet rule(s) that were violated. The notice will also state:
- That the pet owner has 7 calendar days from the effective date of the service of notice to correct the violation or make written request for a meeting to discuss the violation
- That the pet owner is entitled to be accompanied by another person of his or her choice at the meeting
- That the pet owner’s failure to correct the violation, request a meeting, or appear at a requested meeting may result in initiation of procedures to remove the pet, or to terminate the pet owner’s tenancy
Notice for Pet Removal
If the pet owner and HAMC are unable to resolve the violation at the meeting or the pet owner fails to correct the violation in the time period allotted by HAMC, HAMC may serve notice to remove the pet.
The notice will contain:
- A brief statement of the factual basis for HAMC’s determination of the pet rule that has been violated
- The requirement that the resident /pet owner must remove the pet within 30 calendar days of the notice
- A statement that failure to remove the pet may result in the initiation of termination of tenancy procedures
Pet Removal
If the death or incapacity of the pet owner threatens the health or safety of the pet, or other factors occur that render the owner unable to care for the pet, the situation will be reported to the responsible party designated by the pet owner.
If the responsible party is unwilling or unable to care for the pet, or if HAMC after reasonable efforts cannot contact the responsible party, HAMC may contact the appropriate state or local agency and request the removal of the pet.
Termination of Tenancy
HAMC may initiate procedures for termination of tenancy based on a pet rule violation if:
- The pet owner has failed to remove the pet or correct a pet rule violation within the time period specified
- The pet rule violation is sufficient to begin procedures to terminate tenancy under terms of the lease
Emergencies
HAMC will take all necessary steps to ensure that pets that become vicious, display symptoms of severe illness, or demonstrate behavior that constitutes an immediate threat to the health or safety of others, are immediately removed from the premises by referring the situation to the appropriate state or local entity authorized to remove such animals.
If it is necessary for HAMC to place the pet in a shelter facility, the cost will be the responsibility of the pet owner.
If the pet is removed as a result of any aggressive act on the part of the pet, the pet will not be allowed back on the premises.
PART III: PET DEPOSITS AND FEES IN ELDERLY/DISABLED DEVELOPMENTS
PET DEPOSITS
Payment of Deposit
HAMC may require tenants who own or keep pets in their units to pay a refundable pet deposit. This deposit is in addition to any other financial obligation generally imposed on tenants of the project.
The maximum amount of pet deposit that may be charged by HAMC on a per dwelling unit basis is the higher of the total tenant payment (TTP) at the time the pet agreement is signed, up to a maximum of $150.00 . HAMC may permit gradual accumulation of the pet deposit by the pet owner.
The pet deposit is not part of the rent payable by the resident.
Pet owners are required to pay a pet deposit in addition to any other required deposits. The amount of the pet deposit is equal to the total tenant payment (TTP) at the time the pet agreement is signed, up to a maximum of $150.00.
Refund of Deposit
HAMC may use the pet deposit only to pay reasonable expenses directly attributable to the presence of the pet, including (but not limited to) the costs of repairs and replacements to, and fumigation of, the tenant’s dwelling unit. HAMC must refund the unused portion of the pet deposit to the tenant within a reasonable time after the tenant moves from the project or no longer owns or keeps a pet in the unit.
HAMC will refund the pet deposit to the resident, less the costs of any damages caused by the pet to the dwelling unit, within 30 days of move-out or removal of the pet from the unit.
The resident will be billed for any amount that exceeds the pet deposit.
HAMC will provide the resident with a written list of any charges against the pet deposit within 10 calendar days of the move-out inspection. If the resident disagrees with the amount charged to the pet deposit, HAMC will provide a meeting to discuss the charges.
OTHER CHARGES
Pet-Related Damages During Occupancy
All reasonable expenses incurred by HAMC as a result of damages directly attributable to the presence of the pet in the project will be the responsibility of the resident, including:
- The cost of repairs and replacements to the resident’s dwelling unit
- Fumigation of the dwelling unit
- Repairs to common areas of the project
The expense of flea elimination shall also be the responsibility of the resident.
If the resident is in occupancy when such costs occur, the resident shall be billed for such costs in accordance with the policies in Section 9-I.F, Maintenance and Other Charges. Pet deposits will not be applied to the costs of pet-related damages during occupancy.
Charges for pet-related damage are not part of rent payable by the resident.
Pet Waste Removal Charge
The regulations do not address HAMC’s ability to impose charges for house pet rule violations. However, charges for violation of HAMC pet rules may be treated like charges for other violations of the lease and HAMC tenancy rules.
A separate pet waste removal charge of $10.00 per occurrence will be assessed against pet owners who fail to remove pet waste in accordance with this policy.
Notices of pet waste removal charges will be in accordance with requirements regarding notices of adverse action. Charges are due and payable the first day of the month after billing. If the family requests a grievance hearing within the required timeframe, HAMC may not take action for non-payment of the charge until the conclusion of the grievance process.
Charges for pet waste removal are not part of rent payable by the resident.
PART IV: PET DEPOSITS AND FEES IN GENERAL OCCUPANCY DEVELOPMENTS
PET DEPOSITS
HAMC may require a refundable pet deposit to cover additional costs attributable to the pet and not otherwise covered.
HAMC that requires a resident to pay a pet deposit and must place the deposit in an account of the type required under applicable State or local law for pet deposits, or if there are no such requirements, for rental security deposits, if applicable. HAMC must comply with such laws as to retention of the deposit, interest, and return of the deposit to the resident, and any other applicable requirements.
Payment of Deposit
Pet owners are required to pay a pet deposit in addition to any other required deposits. The pet deposit may be paid in increments of $50.00. The first payment of $50.00 must be paid prior to the execution of this lease addendum.
The pet deposit is not part of rent payable by the resident.
Refund of Deposit
HAMC will refund the pet deposit to the resident, less the costs of any damages caused by the pet to the dwelling unit, within 30 days of move-out or removal of the pet from the unit.
The resident will be billed for any amount that exceeds the pet deposit.
HAMC will provide the resident with a written list of any charges against the pet deposit within 10 calendar days of the move-out inspection. If the resident disagrees with the amount charged to the pet deposit, HAMC will provide a meeting to discuss the charges.
NON-REFUNDABLE NOMINAL PET FEE
HAMC does not require pet owners to pay a non-refundable pet fee.
OTHER CHARGES
Pet-Related Damages During Occupancy
All reasonable expenses incurred by HAMC as a result of damages directly attributable to the presence of the pet in the project will be the responsibility of the resident, including:
- The cost of repairs and replacements to the resident’s dwelling unit
- Fumigation of the dwelling unit
- Repairs to common areas of the project
The expense of flea elimination shall also be the responsibility of the resident.
If the resident is in occupancy when such costs occur, the resident shall be billed for such costs in accordance with the policies in Section, 9.1.F Maintenance and Other Charges. Pet deposits will not be applied to the costs of pet-related damages during occupancy.
Charges for pet-related damage are not part of rent payable by the resident.
Link to full document PDF format: Pet Policy
