§ 4-32
General leasing policy. 

§ 4-33
Inspections. 

§ 4-34
Additions to the household and visitors. 

§ 4-35
Pet policy. 

§ 4-36
Amendment for reasonable accommodation to persons with disabilities. 

§ 4-37
Wading pool policy. 

§ 4-38
Smoke-free policy. 

A. 

All units must be occupied pursuant to a lease that complies with HUD's regulations.

B. 

The lease shall be signed by the head of household, spouse, and all members of the household 18 or over, and the Executive Director (or other authorized representative of the WHA) prior to actual admission. The original signed lease will be placed in the tenant's file. The head of household will receive a copy of the lease, the grievance procedure, and a request for reasonable accommodation form. The tenant will certify that he/she received these documents and reviewed them with a WHA representative. The certification will be placed in the tenant's file.

(1) 

Change in resident status.

(a) 

If at any time during the term of the lease agreement, a change in the resident's status results in the need for changing or amending any provision of the lease, either:

[1] 

A new lease agreement will be executed;

[2] 

A notice of rent adjustment will be executed; or

[3] 

An appropriate rider will be prepared and made a part of the existing lease.

(b) 

All copies of such riders or insertions are to be dated and signed by the resident and Executive Director or other authorized representative of the WHA.

(2) 

Transfers. If a resident transfers from one WHA unit to another, a new lease will be executed for the unit into which the family moves. The tenant's original security deposit will be applied to the new unit. If the security deposit for the new unit is greater than the original deposit, the family must pay the difference. If the security deposit is less, the WHA will credit the difference to the family's account, less any move-out charges or outstanding balance. The family shall be billed for any costs attributable to the family, other than normal wear and tear, incurred by the WHA while bringing the family's first unit into a suitable condition for rerenting.

(3) 

Absences. Residents must advise the WHA if they will be absent from the unit for more than seven days. Residents shall notify the manager, secure the unit, and provide information as to how the WHA may contact the resident in an emergency. Failure to advise the WHA of an extended absence is grounds for termination of the lease.

There are six types of inspections that may be done on a WHA unit:

A. 

Move-in inspections. An authorized representative of the WHA and the head of household will inspect the premises prior to signing the lease.

B. 

Annual and preventative maintenance inspections.

(1) 

To ensure every public housing unit meets the WHA's housing standards, each unit is inspected annually. A preventative maintenance inspection is usually done simultaneously to keep the unit in good repair.

(2) 

A WHA representative will check on the condition of the unit's smoke detectors, water heaters, furnaces, weatherization, automatic thermostats, and water temperatures. The WHA will provide minor servicing as necessary during the preventative maintenance inspection to maximize the life of the unit and its equipment. Work orders will be submitted and completed to correct any identified deficiencies.

C. 

Housekeeping inspections. To ensure the resident family is maintaining the unit in a safe and sanitary condition, the WHA will conduct a housekeeping inspection at the time of the annual reexamination or as necessary.

D. 

Move-out inspections.

(1) 

The WHA inspects each unit after a vacancy to assess the unit's condition and determine responsibility for any needed repairs. This inspection becomes the basis for any claims assessed against the security deposit.

(2) 

Whenever possible, after a tenant provides notice of intent to move, the WHA will offer to schedule a pre-move-out inspection. This allows the WHA and family to identify problems that, if left uncorrected, could lead to charges. Pre-move-out inspections help reduce tenants' costs and enable the WHA to more quickly ready units for future occupants.

E. 

Emergency inspections. If any employee and/or agent of the WHA has reason to believe that an emergency exists within the housing unit, the unit can be entered without notice.

F. 

Special inspections.

(1) 

A special inspection may be scheduled to enable HUD or others to inspect a sample of the living units maintained by the WHA.

(2) 

For annual, housekeeping, and special inspections, the WHA will give the tenant at least two days' written notice. Emergency inspections can be conducted without advance notice. The WHA representative(s) that enters the unit will leave a written notice to the resident that indicates the date and time the unit was entered and the reason why it was necessary to enter the unit.

A. 

All persons listed on the most recent certification form and the lease must use the dwelling unit as their sole residence.

B. 

Only those persons listed on the most recent certification form and lease shall be permitted to occupy a dwelling unit. Any family seeking to add a new member must request approval in writing before the new member moves in, except for natural births to or adoptions by family members, and court-awarded custody.

(1) 

Preadmission screening.

(a) 

The WHA will conduct preadmission screening of any proposed new adult member to determine whether to grant approval.

(b) 

Children under the age below which juvenile justice records are made available or added through a formal custody award or kinship care arrangement are exempt from the preadmission screening process. (The resident still needs prior permission from the WHA to add children other than those born to, adopted by, or awarded by the court to the family.)

(c) 

Examples of situations where the addition of a family or household member is subject to screening are:

[1] 

Resident plans to be married and requests to add the new spouse to the lease;

[2] 

Resident desires to add a new family member to the lease, add a live-in aide, or take in a foster child(ren) over the age for which juvenile justice records are available;

[3] 

A unit is occupied by a remaining family member(s) under age 18 (who is not an emancipated minor) and an adult, not a part of the original household, requests permission to take over as the head of the household.

(d) 

Residents who fail to notify the WHA of additions to the household within 10 calendar days or who permit persons to join the household without undergoing screening are violating the lease. Persons added without WHA approval will be considered unauthorized occupants, and the entire household will be subject to lease termination.

(2) 

Visitors.

(a) 

Visitors may be permitted in a dwelling unit so long as they have no previous history of behavior on WHA premises that would constitute a lease violation.

[1] 

Visits of less than three days need not be reported to or approved by the Housing Manager.

[2] 

Visits of more than three and less than 14 days are permitted, provided they are reported to and authorized by the Housing Manager within 72 hours.

[3] 

Visits of more than 14 calendar days shall be authorized only by the Housing Manager with advance documentation of extenuating circumstances.

[4] 

Visitors remaining beyond 14 days without prior approval shall be considered unauthorized occupants and the head of the household shall be guilty of a breach of the lease.

(b) 

Roomers and lodgers shall not be permitted to move in with any family. Violation of this provision is grounds for termination of the lease.

(c) 

Residents will not be given permission to allow a former resident of the WHA who has been evicted to occupy the unit for any period of time. Violation of this requirement is grounds for termination of the lease.

(3) 

Family members 18 and over and emancipated minors.

(a) 

Family members age 18 and over or emancipated minors who move from the dwelling unit to establish new households shall be removed from the lease. The household shall report the move-out within 10 calendar days of its occurrence.

(b) 

To be readmitted to the unit, these individuals must apply as a lease addition and be processed in the same manner as a new applicant.

(c) 

Medical hardship or other extenuating circumstances shall be considered by the WHA in making determinations under this paragraph.

[Amended 9-13-2012 by Res. No. 1107
Editor's Note: Copies of the application, ownership, and complaint forms, which were included at the end of this resolution, are available from the Authority during regular business hours.
]
A. 

"LEASH" Board (Lease Enforcement of Animal Safety in Housing).

(1) 

A board of six individuals will be established to review and render appeals regarding denial of pet ownership to residents.

(2) 

This board, formally called "LEASH" (Lease Enforcement of Animal Safety in Housing), will be comprised of one Commissioner, two representatives of the Authority recommended by the Executive Director, and two representatives recommended by the Resident Advisory Board (RAB); and one other individual who has an affiliation with the proper care and maintenance of animals (e.g., veterinarian, vet technician, etc.) will also be requested to become a member of the Pet Advisory Board.

(3) 

LEASH will conduct a review of and render decisions on appeals regarding denial of pet ownership to residents and lease compliance issues regarding pets. Decisions of the LEASH Board are appealable to the Board of Tenant Affairs.

(4) 

LEASH will also meet on an as-needed basis to make findings on written complaints submitted to it by other residents or by Authority personnel concerning ownership, safety, animal neglect or cruelty, maintenance of pets, and violations of any portion of the pet policy by household members. It will also meet to discuss any changes in this housing pet policy.

B. 

Applicability of pet policy.

(1) 

This pet policy shall apply to all residents of the Authority wishing to own and/or maintain a pet in their unit as of September 13, 2012, the effective date of this policy.

(2) 

Any resident who owns or maintains a pet in any unit must submit an application to the Authority requesting written approval for the pet.

(3) 

Failure to submit an application or to obtain the Authority's written approval may be grounds for removal of the pet or termination of a resident's tenancy, or both.

C. 

General guidelines.

(1) 

Any resident who wishes to obtain and/or keep a common household pet must first submit a written request for approval with his/her public housing manager and must receive such approval from the Authority.

(a) 

The Authority reserves the right to check references, such as prior landlords and neighbors, regarding:

[1] 

The resident's previous pet ownership history; and

[2] 

The pet's behavioral history.

(b) 

If the Authority concludes that maintenance of the pet by the resident in an Authority housing unit would, in the Authority's opinion, be inappropriate or ill-advised, the Authority will inform the tenant in writing, stating the specific reasons for the denial and information on appealing the denial decision.

(c) 

Permission to own and keep a specific pet will not be unreasonably withheld.

(d) 

Residents will have the right to further review of the denial by appealing to the LEASH Board (the "Board").

(e) 

The Board will conduct a review of and render decisions on appeals regarding denial of pet ownership to residents.

(f) 

The Board will also meet on an as-needed basis to make findings on written complaints submitted to it by other tenants or by the Authority concerning ownership and/or maintenance of pets by families and to discuss any changes in this pet policy.

(2) 

Only common household pets will be approved by the Authority for ownership and maintenance.

(a) 

Common household pets are defined, for purposes of the Authority's pet policy, as follows:

[1] 

Dogs;

[2] 

Cats;

[3] 

Fish;

[4] 

Birds;

[5] 

Gerbils;

[6] 

Iguanas;

[7] 

Hamsters;

[8] 

Guinea pigs; and

[9] 

Rabbits.

(b) 

Notwithstanding this list, birds of prey (e.g., eagles, hawks and falcons), pigeons, ferrets, snakes, and spiders of all kinds shall not qualify as common household pets under this policy. The fully mature adult size of dogs is limited to a weight not to exceed 20 pounds. This limitation may be waived at the Authority's option based upon the dog's individual merit.

(c) 

Regardless of size, dogs of a vicious or aggressive disposition, such as pit bulls, rottweilers, doberman pinschers, akitas, chows, german shepherds, huskies, malamutes, or any cross breed of dog (mongrel) that has indications containing the parentage of the aforementioned dogs (e.g., color, markings, shape of eyes, muzzle, etc.) will not be permitted.

(d) 

Due to the behavioral activities of puppies and kittens, applications for ownership of such young animals shall be more closely reviewed prior to approval.

(3) 

Number of pets.

(a) 

No resident, or apartment unit, shall have more than the following at the high-rises:

[1] 

One dog; or

[2] 

Two cats; or

[3] 

Two birds; or

[4] 

One iguana; or

[5] 

One hamster; or

[6] 

One gerbil; or

[7] 

One guinea pig; or

[8] 

One rabbit; or

[9] 

Two aquariums. [NOTE: Aquariums: one not to exceed 20 gallons in capacity and the other not to exceed 10 gallons.]

(b) 

No resident, or apartment unit, shall have more than the following at the family developments and scattered sites:

[1] 

One dog; and/or

[2] 

One other choice of animal;

[3] 

Two cats; or [NOTE: Any household at the family developments leased prior to 1-1-2001 may have up to three cats, provided they were registered with the manager by 3-1-2001 and that, at the death or removal of any cat in that household, the new rules would then be applicable.]

[4] 

Two birds; or

[5] 

One iguana; or

[6] 

One hamster; or

[7] 

One gerbil; or

[8] 

One guinea pig, or

[9] 

One rabbit; or

[10] 

Two aquariums. [NOTE: Aquariums: one not to exceed 20 gallons in capacity and the other not to exceed 10 gallons.]

(4) 

Dog and cat owners. The following regulations shall apply to all dog and cat owners:

(a) 

Interior.

[1] 

To prevent placing Authority personnel at risk, dogs must be kept secure in a metal cage whenever no members of the household or family member(s) are home, even for brief periods of time. Dogs must also be caged whenever Authority personnel (e.g. maintenance, management, resident services, etc.) or subcontractors are working in the unit.

[2] 

In the case of residents residing in high-rise dwellings, residents are prohibited from allowing their dogs to run freely in any common areas (including hallways) in the building. Dogs and cats must be carried to and from the elevator in a pet carrier. Resident pet owners in high-rise buildings must use only the elevator designated for pets. Service animals (e.g., Seeing Eye dogs) are exempt from this rule.

[3] 

Residents are prohibited from allowing dogs to disturb neighbors by barking or cats from making loud noises. Residents will be required to muzzle their dogs if complaints are received that the dog is causing a disturbance.

[4] 

Resident pet owners will not alter their units to create an enclosure for their pet.

(b) 

Exterior.

[1] 

At no time are residents permitted to tether (tie) a dog outside of households either at front or rear doors or anywhere on property.

[2] 

Dogs and cats are not allowed to run freely on any Authority property. They must be restrained on a leash at all times. Dogs can be walked only in designated areas (if there is one) or off of Authority property.

[3] 

It is the responsibility of the pet owner to clean animal waste immediately.

[4] 

Residents are prohibited from placing dog coops, cages, hutches or pens at either the front or rear yard areas of their units.

[5] 

The Authority reserves the right to impose fines on residents who disregard the rules and regulations set forth.

[6] 

All female dogs six months of age or over must be spayed, with proof brought to the management office.

[7] 

All male dogs eight months of age and older must be neutered, with proof brought to the management office.

[8] 

All female cats six months of age and older must be spayed, with proof brought to the management office.

[9] 

All male cats eight months of age and over must be neutered, with proof brought to the management office.

[10] 

All pets shall be inoculated in accordance with state and local laws, with proof brought to the management office.

[11] 

All dogs must be licensed, with proof brought to the management office.

D. 

Application for pet approval.

(1) 

Any resident interested in owning and/or maintaining a common household pet in his/her unit will be required to obtain written approval from the Authority prior to housing a pet on the Authority's property. To obtain approval, a resident must first submit an "application for pet permit" at the local management office, which will include, among other things, information concerning the size and type of pet intended for ownership by the resident. A copy of the Authority's pet policy will be provided to the resident. Upon reviewing the rules and regulations, the resident will be requested to sign the application, thereby certifying that he/she has received a copy of the Authority's pet policy, understands all of his/her rights and responsibilities thereunder, and agrees to abide by all of the rules listed in this policy and those City ordinances applicable to the ownership and care of a pet.

(2) 

As part of the process for reviewing applications for approval to keep a pet currently being housed, the property manager of the Authority may visit the unit where the pet is located to observe the pet, the quarters in which it is kept, and the condition of the unit. (The manager may make a decision to approve based upon prior inspections.)

(3) 

If the manager concludes that, based upon the history of the resident, including but not limited to previous inspections, complaints from other residents, neglect of unit, etc., granting permission is not warranted, the Authority will give written notice to deny the request, the reason for denial, and information on obtaining a hearing with the LEASH Board.

(4) 

If the Authority concludes that approval of the "application for pet permit" is warranted, the Authority will issue the resident a written conditional approval, authorizing the housing of a specific pet, conditional on the Authority's receipt of the following documentation within 60 days of the issuance of the written approval:

(a) 

Color photo of pet with written description and name.

(b) 

Veterinarian's name, address, and telephone number.

(c) 

Certificates of spaying/neutering; documentation of inoculations from veterinarian.

(d) 

Dog licensing certificates in accordance with state and local laws.

(e) 

Name, address and phone number of a primary caretaker who will assume immediate responsibility for the pet should the owner become incapacitated or not immediately available in case of an emergency.

(f) 

Name, address and phone number of an alternate caretaker who will assume immediate responsibility should the primary caretaker be unavailable.

(g) 

The caretakers must provide written verification acknowledging their willingness to assume responsibility for the pet and to comply with the guidelines established in this pet policy.

(h) 

A pet rider or addendum executed by the resident to the resident's current lease.

(5) 

Where the Authority finds that it is impractical to observe the pet in question prior to issuance of a written conditional approval, the Authority may condition such approval upon a later home visit to ascertain that the pet is being kept in accordance with this pet policy.

(6) 

Family developments.

(a) 

At the family developments, a refundable pet deposit for a dog not to exceed $300 is required.*

(b) 

At the family developments, for up to two cats, the pet deposit is not to exceed $50.* The resident pet owner will not be required to pay the entire deposit before housing a pet but must pay at least $10 prior to the Authority's issuance of a written conditional approval, with the remainder of the deposit paid in monthly increments pursuant to a written schedule payment plan.

(c) 

At the family developments, there will be no pet deposit for fish, birds, or other small animals approved at the Authority's discretion.

*NOTE: At no time shall the security deposit for rent and the pet deposit together exceed one month's periodic rent as defined by state law.
(7) 

High-rises.

(a) 

At the high-rises, a pet deposit for a dog not to exceed $50 is required.*

(b) 

At the high-rises, for up to two cats, the pet deposit is not to exceed $50.*

(c) 

The resident pet owner will not be required to pay the entire deposit before housing a pet but must pay at least $10 prior to the Authority's issuance of a written conditional approval, with the remainder of the deposit paid in monthly increments pursuant to a written schedule payment plan.

(d) 

At the high-rises, there will be no pet deposit for fish, birds, or other small animals approved at the Authority's discretion.

*NOTE: At no time shall the security deposit for rent and the pet deposit together exceed one month's periodic rent as defined by state law.
E. 

Resident's responsibilities.

(1) 

The resident is responsible for notifying the Authority in writing of any change in the information initially provided in the "application for pet permit" and the verifying documentation submitted to the Authority as a condition of its approval. In particular, residents must submit to the Authority on an annual basis written verification of compliance with all applicable spaying, neutering, inoculation, and registration requirements.

(2) 

The resident pet owner will be responsible for proper pet care, nutrition, grooming, exercise, flea control, veterinary care and yearly inoculations. Dogs and cats must wear identification tags and collars.

(3) 

The resident pet owner is responsible for cleaning up after the pet both inside and outside the apartment and anywhere on the Authority's property. The pet owner, while outside the apartment, will carry a "pooper scooper" and plastic bag.

(a) 

All animal waste shall be bagged and disposed of as follows:

[1] 

Family developments: dumpsters.

[2] 

Scattered sites: trash barrels.

[3] 

High-rises: marked containers in rear of building.

(b) 

Under no circumstances should any pet debris be deposited in a toilet, as blockages may occur.

(4) 

The resident pet owner will keep the unit, the hallways and common areas (if applicable) and the front and rear yard areas clear and free of pet waste, odors, insect infestation, and litter. Under no circumstances are cages or coops allowed on any Authority property. The resident pet owner will maintain the unit and general yard area in a sanitary condition at all times.

(5) 

Resident pet owners will restrain and prevent their pet from gnawing, chewing, scratching, or otherwise defacing doors, windows, screens, walls, fixtures, appliances, floors and floor coverings of the unit, other units and common areas as well as shrubs and landscaping of the Authority. When the resident is away from his/her unit, dogs must be placed in secure cages to prevent all of the aforementioned damages. Additionally, dogs must be placed in secure cages when Authority personnel, including but not limited to management and maintenance staff, enter the pet owner's unit.

(6) 

Pets are not at any time to be tied outside at either front or rear stairs or yards. No cages or dog coops are permitted on any Authority grounds areas.

(7) 

Resident pet owners will not alter their units or other outside areas to create an enclosure for a pet.

(8) 

Pets will be restrained by a responsible adult household member at all times when outside the apartment on the property of the Authority. Other than Seeing Eye dogs, no pets shall be permitted to enter any hallway, community room, or management office of the Authority.

(9) 

Pets will not be allowed to disturb the health, safety, rights, comfort or quiet enjoyment of other tenants. A pet should not create a nuisance to neighbors with excessive barking, whining, howling, meowing, chirping or any other unruly behavior.

(10) 

Resident pet owners hereby agree to apartment inspections in addition to the annual inspection of the unit when, in the opinion of the Authority, there is a reasonable basis to believe that pets and/or units are not being cared for properly or that undue damage to the apartment has been done by the pet. As neglect of the pet or damage to the unit could be an emergency situation, no notice shall be required to be sent to the resident of this type of inspection.

(11) 

When taken outside the unit, dogs and cats must be kept on a leash and controlled by a responsible adult household member at all times. In the case of residents residing in a high-rise building, dogs and cats must be confined to pet carriers when taken in any common area of the building.

(12) 

Birds must be confined to a cage at all times, unless exercised during controlled conditions in the resident pet owner's apartment.

(13) 

Resident pet owners must provide litter boxes for cat waste, which must be kept in the owner's unit. Litter boxes shall be kept clean and odor-free at all times.

(14) 

Resident pet owners are solely responsible for all damages caused by their pets, including the cost of fumigating their units for fleas or removing odors that have permeated the property.

(15) 

Resident pet owners are solely responsible for cleaning up pet waste.

(16) 

Residents are expressly prohibited from feeding or harboring stray animals. The feeding or harboring of a stray animal shall constitute having a pet without the approval of the Authority.

(17) 

Residents are expressly prohibited from breeding pets or allowing pets to become impregnated. In the event that a pet housed in one of the Authority's units gives birth to a litter, the pet owner shall remove all offspring from the unit within 24 hours of the litter being born, with only the one approved pet remaining in the household.

(18) 

No pet is to remain unattended, without proper care, for more than 24 hours, except in the case of a dog, which shall be no more than 12 hours.

(19) 

It is the responsibility of the resident to inform his/her guests that at no time are the pets of guests allowed on or within the property of the Authority.

F. 

Authority's responsibilities.

(1) 

The Authority shall establish a LEASH Board as provided in this pet policy, which shall meet at reasonable times and dates of its members.

(2) 

The Authority shall post the rules and regulations of pet ownership and maintenance and enforcement, including any changes thereto, in all of the Authority's offices. Additionally, all residents will be notified of any changes.

(3) 

The Authority will maintain files for keeping records of owners and pets' pertinent information, deposits, unit inspection reports, investigative reports or complaints, warnings of violations of these guidelines, bills for damages caused by pets, schedules of repairs of such damages, etc.

(4) 

All written complaints concerning the conduct of a pet shall be referred to the LEASH Board for a finding as to their legitimacy and for their resolution, provided the complaints are signed. The Board shall act promptly on each such complaint submitted. All written complaints which are not signed and all verbal complaints shall be referred to the Authority for investigation. Where the Authority concludes that there is reasonable cause to believe that such complaints are valid, it shall forward these complaints to the Board for resolution. The Authority shall inform the resident pet owner of the submission of such complaints to the Board and of any other violations of these guidelines of which it is aware for resolution.

(5) 

Upon written notice of a finding by the LEASH Board that a complaint is legitimate, the resident shall be advised by the Board of the finding and of the need to resolve the problem. This notice shall also provide that a further finding by the Board that the conduct of this particular pet continues to be a problem shall be cause for termination of the pet rider provisions and removal of the pet from the premises and/or termination of the resident's tenancy. However, in the case of a serious problem with a pet (e.g., a vicious dog), this process may be waived in the interest of public safety at the Authority's sole discretion.

(6) 

If any pet is left unattended for a period of 24 hours or more, 12 hours if the pet is a dog, the Authority may enter the dwelling unit; remove, or cause to be removed, the pet; and transfer the responsibility for care of the pet to the proper individuals or authorities. The Authority accepts no responsibility of care, cost, or disposition of the pet under these circumstances.

G. 

Liability of pet owner for damage or injury.

(1) 

The resident pet owner shall be responsible for payment of the cost of all damage caused by the owner's pet, including, but not limited to:

(a) 

Personal injury.

(b) 

Repairing or replacing damaged areas of the exterior, interior, doors, walls, floors, floor coverings, windows, screens and fixtures in the unit, and all other areas.

(c) 

Cleaning, deodorizing and sanitizing the unit.

(d) 

Fumigation of the unit for infestation of fleas.

(2) 

Charges for such damage caused by the pet shall include the cost of materials and labor. Payment plans may be negotiated between the Authority and the pet owner at the Authority's discretion. Disputes concerning the amount of such damages are subject to the standard grievance procedures.

H. 

Removal of pet.

(1) 

If the alternate caretakers designated by the pet owner are unavailable, unable or unwilling to assume responsibility for the pet upon incapacitation of the owner, or absence of the owner, the Authority may enter the pet owner's unit; remove, or cause to be removed, the pet; and arrange for care of the pet, for no less than 10 days, to protect the pet. Funds for such care will come from the owner's pet deposit. The Authority may contact the Rhode Island Society for the Prevention of Cruelty to Animals (RI SPCA) or other suitable animal shelter to provide these alternative arrangements for the care of the pet if a caretaker cannot be located.

(2) 

Removal of the pet from the resident pet owner's unit and/or termination of the resident's lease may be instituted if the resident is in violation of City ordinances applicable to the ownership and care of a pet and/or these guidelines, but which the resident has agreed to abide in signing the pet rider attached to the lease. The Authority may rely on the issuance of a citation(s) for violation of applicable City ordinances by either the Woonsocket Police Department or the Woonsocket Animal Control Officer as conclusive evidence of such violation(s).

(3) 

Removal of the pet and/or termination of the lease may also be instituted if the resident has been warned twice by the LEASH Board pursuant to complaints filed with the Board or if public safety reasons warrant immediate removal of the pet in the discretion of the Authority.

[Added 4-2010 by Res. No. 1067]

This section is intended to develop a set of regulations that allow applicants and residents with disabilities to qualify for exclusion from the terms and conditions of the Housing Authority's Pet Policy and pet ownership rules contained therein. In keeping with the Housing Authority's responsibility to ensure the health, safety and well-being of all its residents, it nevertheless recognizes that certain applicants and residents with disabilities require the Housing Authority to promulgate and effectuate this policy of reasonable accommodations for such disabled persons.

A. 

Applications. Any applicant or resident who desires to have a pet which does not conform to the regulations contained in the pet policy may apply for a reasonable accommodation in order to qualify for an exclusion based on his/her disability. Designated WHA staff shall review such application. The applicant for an exclusion must provide WHA with all necessary information, as required by this policy, in order for WHA to properly determine the applicant's qualifications for such exclusion.

B. 

Definitions. Although HUD does not specifically provide definitions for the terms "service animal," "support animal" and "assistance animal," the Housing Authority recognizes that federal law governing "reasonable accommodations" shall apply.

C. 

Qualifications. In order for an applicant for reasonable accommodation to qualify for approval, the following requirements shall be met:

(1) 

The applicant must have a disability that is legitimate and verifiable.

(2) 

There must be an identifiable relationship between the applicant's disability and the requested reasonable accommodation.

(3) 

The reasonable accommodation must be necessary in order to afford the applicant with a disability a reasonable opportunity to use and enjoy a dwelling.

(4) 

The applicant must demonstrate a disability-related need for the animal, such as service or assistance, performing tasks for the benefit of the disabled applicant or providing emotional support that alleviates one or more identified symptoms or effects of the applicant's disability.

D. 

Training. The animal shown to be necessary as a reasonable accommodation does not necessarily need to have specialized training, unless the tasks expected to be performed by such animal require that such animal have been trained to perform such tasks.

E. 

Verification.

(1) 

The Housing Authority shall be entitled, as part of its application and review process:

(a) 

To verify the existence of the applicant's disability (i.e., applicant has a physical or mental impairment that substantially limits one or more major life activities).

(b) 

To obtain documentation from any treating physician, psychiatrist or other mental health professional or facility that such animal provides support that alleviates some or all of the identified symptoms or effects of the applicant's existing disability.

(2) 

The Housing Authority shall not seek verification of an applicant's disability if his/her disability is obvious and if the need for the requested reasonable accommodation is readily apparent. In these instances where the disability is obvious but the need for reasonable accommodation is not readily apparent, the Housing Authority may request information that is necessary to evaluate the disability-related need for the accommodation.

F. 

Acceptance/rejection. After full and complete review of all significant factors, the Housing Authority shall advise the applicant in writing whether the request for reasonable accommodations has been accepted or rejected. Such notice shall be provided within 10 days of receipt by the Housing Authority of all requested documentation to buttress the application. If the request for reasonable accommodations has been rejected, such notice shall contain the grounds for rejection. If the applicant for exclusion has not met the criteria for exclusion and has, therefore, not established that he/she needs the animal as a reasonable accommodation, then the applicant shall be obligated to comply with the existing pet policy if he/she wishes to keep the animal.

G. 

Authority of WHA. The Housing Authority shall not be required to provide any reasonable accommodation, if:

(1) 

The animal would pose a direct threat to the health and safety of others.

(2) 

The animal requested has a history of dangerous behavior.

(3) 

The presence of the animal would:

(a) 

Result in substantial physical damage to the property of the WHA or others, unless the threat can be eliminated or significantly reduced by a reasonable accommodation;

(b) 

Pose an undue financial and administrative burden to WHA; or

(c) 

Fundamentally alter the nature of the Housing Authority's operations.

H. 

Other rules/regulations. If a support animal is accepted by the Housing Authority as a reasonable accommodation, such animal and the owner thereof shall nevertheless be governed by those sections of the existing pet policy regulating the safe and sanitary management of all animals who live on Housing Authority premises.

[Amended 6-21-2007 by Res. No. 1026]

No pools of any size, including wading pools, are permitted.

A. 

The WHA is dedicated to providing a healthy, comfortable, safe and productive environment for all employees, residents and visitors. The Authority recognizes that one of the overriding responsibilities towards that goal is to protect those with breathing disabilities.

NOTE: The "Smoke-free" policy is effective September 1, 2005. This policy has been formulated in conjunction with Rhode Island General Law Title 23 Chapter 23-20.10, HUD letter 7-18-2003 from Chief General Council Sheila Y. Walker, and research from the Public Health Institute and Smoke-Free Environments Law Project.

(1) 

High-rise for the elderly/disabled.

(a) 

No smoking is permitted in any common areas such as, but not limited to, the community room and related kitchen, public rest rooms, stairways, elevators, lobbies, halls, corridors, laundry room, computer room, office areas, nurses' station, etc. No smoking is permitted on the porches or within 50 feet of the building.

(b) 

Smoking is permitted outside only in designated areas as noted with WHA approved signage.

(c) 

All new applicants after January 2006 are required to sign, as part of their lease, that no smoking is permitted in their apartment.

(2) 

Family developments.

(a) 

No smoking is permitted in any common areas such as, but not limited to, the community room and related kitchen, public rest rooms, offices, etc. No smoking is permitted in any management office, maintenance area, resident office, substation, library, Campus of Learners, social service office, computer lab, vocational lab, etc. No smoking is permitted within 50 feet of the buildings.

(b) 

Apartment doors must be closed when smoking inside the unit.

B. 

When vacating a unit, residents may be charged the direct cost of labor and materials for cleaning nicotine from the apartment. This charge will be applied against the security deposit.