Skip to Main Content
menu

Pet Policy Violation Procedures

FAHA reserves the right to require residents to remove any pet from the premises whose conduct (noise, biting, breeding, etc.) or condition is duly determined to constitute a nuisance or a threat to the health or safety of the other occupants or pets of the development, neighbors, staff, or visitors. FAHA reserves the right to remove such a pet in the event that the pet owner does not or cannot remove the pet.

Notice of Pet Policy Violation
If FAHA determines on the basis of objective facts, supported by written statements, that a pet owner has violated a rule governing the owning or keeping of pets:

FAHA may serve a written notice of Pet Policy violation on the pet owner in accordance with the dwelling lease. The notice of pet rule violation must:

  1. Contain a brief statement of the factual basis for the determination and the pet rule or rules alleged to be violated;

  2. State that the pet owner has five (5) calendar days from the effective date of service of the notice to correct the violation (including, in appropriate circumstances, removal of the pet) or to make a written request for a meeting to discuss the violation;

  3. State that the pet owner is entitled to be accompanied by another person of his or her choice at the meeting; and

  4. State that the pet owner's failure to correct the violation, to request a meeting, or to appear at a requested meeting may result in initiation of procedures to terminate the pet owner's tenancy.

Pet Policy Violation Private Conference
If the pet owner makes a timely request for a private conference to discuss an alleged Pet Policy violation, FAHA establish a mutually agreeable time and place for the private conference but no later than three (3) business days from the effective date of service of the notice of Pet Policy violation.

At the pet rule violation private conference, the pet owner and FAHA representative discuss any alleged Pet Policy violation and attempt to correct it. FAHA may, as a result of the meeting, give the pet owner additional time to correct the violation.

Notice for Pet Removal
If the pet owner and FAHA are unable to resolve the Pet Policy violation at the pet rule violation private conference, or if a representative of FAHA staff determines that the pet owner has failed to correct the Pet Policy violation within any additional time provided herein, the FAHA may serve a written notice on the pet owner in accordance with Section of the Dwelling Lease or at the private conference, if appropriate, requiring the pet owner to remove the pet. The notice must:

  1. Contain a brief statement of the factual basis for the determination and the Pet Policy or rules that have been violated;

  2. State that the pet owner must remove the pet within five (5) calendar days of the effective date of service of the notice of pet removal (or the private conference, if notice is served at the private conference); and

  3. State that failure to remove the pet may result in initiation of procedures to terminate the pet owner' s tenancy.

Initiation of Procedures to Remove a Pet or Terminate the Pet Owner's Tenancy
FAHA may not initiate procedures to terminate a pet owner's tenancy based on a Pet Policy violation, unless:

  1. The pet owner has failed to remove the pet or correct a pet rule violation within the applicable time period specified in this section (including any additional time permitted by the owner); and

  2. The Pet Policy violation is sufficient to begin procedures to terminate the pet owner's tenancy under the terms of the lease and applicable regulations.

If a pet is removed due to death or incapacity of the pet owner and to responsible parties are contacted and are unwilling or unable to remove the pet, or cannot be contacted; the pet will be removed and placed in a pet facility for a period not exceeding 30 days. The cost will be the responsibility of the pet owner and will be paid from the deposit.

The FAHA may initiate procedures to remove a pet under 24 CFR 5.327 (threat to health and safety) at any time, in accordance with the provisions of applicable State or local law.