General. The purpose of a borrower's occupancy rules is to outline the basis for the tenant and management relationship. Prior to Agency approval of occupancy rules, borrowers must provide written certification from their attorney that the housing project's occupancy rules are consistent with applicable Federal, state, and local laws, as well as Agency requirements, and the requirements of all programs participating in the housing project. Borrowers must obtain Agency approval of the occupancy rules prior to initial occupancy and obtain Agency approval prior to the implementation date of any subsequent modifications to the rules.

Requirements. The occupancy rules must be in writing and posted for easy tenant access. A copy of these rules must be attached to the tenant's lease upon initial occupancy. At a minimum, the occupancy rules must address:

The tenant's rights and responsibilities under the lease or occupancy agreement;

The rent payment or occupancy charge policies;

The policies regarding periodic inspection of units;

The system for responding to tenant complaints;

The maintenance request and work order procedures;

The housing services and facilities available to tenants or members;

The office locations, hours, and emergency telephone numbers;

The restrictions on storage and prohibitions on non-functional vehicles in the housing project area;

Other requirements related to a subsidy provided to a tenant from non-Agency sources;

When a guest becomes a member of the tenant household; and

The procedures tenants must follow to request reasonable accommodations.

Modification of occupancy rules. The Agency must concur with any modification to the occupancy rules prior to implementation. Proper notice must be given to each tenant at least 30 days in advance of implementation of such rules in accordance with § 3560.160.

Federal, state and local requirements. The occupancy rules must be consistent with Federal, state, and local law.

Pets/Assistance Animals. All housing projects should establish reasonable written pet rules. No rules may be promulgated that would prevent occupancy by a household member who requires a service or assistance animal. In elderly housing, borrowers must not prohibit tenants from keeping domestic animals in their rental units as pets.

Tenant organizations. Borrowers must not infringe on the rights of tenants to organize an association of tenants. Borrowers (or a designated management representative) should be available and willing to work with a tenant organization.

Community rooms. Borrowers may not place unreasonable restrictions on tenants that desire to use a community room.