760 CMR, § 6.07

Current through Register 1533, October 25, 2024

Section 6.07 - Pet Ownership in Elderly/Disabled Housing

(1)LHA Pet Policy for Elderly/Disabled Housing. Each LHA shall have a Pet policy for its elderly/disabled housing. The policy shall be consistent with and reflect the requirements in St. 1989, c. 151, 760 CMR 6.00, and the Pet Guidelines.

(2)LHA Approval of Pet Ownership in Elderly/Disabled Housing. The LHA shall attach an application for Pet ownership to every lease of a unit in elderly/disabled housing. Each Tenant (including a prospective Tenant about to sign a lease) who seeks to keep a Pet (other than caged birds, which are not unreasonably noisy, or fish in tanks) shall first ask for the LHA's approval of an application for Pet ownership. If a Tenant does not own a Pet at the time, he or she may ask for conditional approval of an application, and the LHA may approve Pet ownership by the Tenant conditional upon his or her subsequent satisfaction of stated conditions. Upon approval of an application by the LHA, the Tenant shall sign a Pet Rider to the lease. Following approval of an application by the LHA and prior to keeping the Pet, the Tenant shall post the requisite security deposit with the LHA.

(3)Application for EOHLC Approval of Pet Ownership in Elderly/Disabled Housing. In the event an LHA denies an application for Pet ownership, it shall notify the Tenant in writing of the reasons for denial and the Tenant's right to appeal to EOHLC, and it shall specify the time for appeal and the documentation required to be submitted with the appeal. The Tenant (including a prospective Tenant about to sign a lease) may, within 14 days of receipt of the denial, appeal to EOHLC for permission to keep a Pet. In seeking permission from EOHLC, the Tenant or prospective Tenant shall provide the following documentation (or an explanation why the documentation is not reasonably available):

(a) a copy of the completed application for Pet ownership and the LHA's denial of the application;

(b) a color photo and identifying description of the proposed Pet;

(c) the name, address and telephone number of a veterinarian and his or her statement of the current health, weight and age of the proposed Pet;

(d) veterinary certificates of spaying or neutering and of all inoculations and testing required by the guidelines;

(e) a dog license if such a license is required by the municipality;

(f) the names, addresses and telephone numbers of two responsible persons, who are prepared to assume immediate responsibility for the care of the Pet in an emergency; and

(g) a statement that the Tenant is prepared to post a security deposit of $160.00 or one month's rent (whichever is less).

(4)EOHLC's Decision. EOHLC shall review the documentation and any other relevant information and shall render a prompt written decision approving or disapproving the application. EOHLC shall require a security deposit to be posted with the LHA and may make other appropriate conditions in approving the application.

(5)The Pet Committee and the Pet Grievance Panel. The Pet Committee at an LHA shall accept and attempt to resolve any complaint made concerning a Pet by any Resident of elderly/disabled c. 667 housing. If the Pet Committee fails to resolve a matter or if the Pet owner or a complaining party is dissatisfied with the Pet Committee's resolution, a request for a hearing before the Pet Grievance Panel may be made in accordance with the Pet Guidelines. Decisions of the Pet Grievance Panel shall be binding.

A Tenant's material failure to comply with a decision of the Pet Grievance Panel shall be sufficient cause for termination of the Tenant's lease and eviction. A Tenant facing eviction as a result of his or her failure to comply with a Pet Grievance Panel decision shall have no right to a grievance hearing prior to institution of eviction proceedings. If a Pet Grievance Panel does not exist at an LHA, a Tenant or a complaining party may file a Grievance regarding a Pet under the Grievance procedure (see760 CMR 6.08) in effect for the Development in which the Pet is kept.