§ 26-139Introduction.
§ 26-140Allowable moves.
§ 26-141Restrictions on moves. [24 CFR 982.314, 982.552(a)]
§ 26-142Procedure for moves. [24 CFR 982.314]
§ 26-143Portability. [24 CFR 982.353]
§ 26-144Outgoing portability. [24 CFR 982.353, 982.355]
§ 26-145Incoming portability. [24 CFR 982.354, 982.355]
HUD regulations permit families to move with continued assistance to another unit within the WHA's jurisdiction, or to a unit outside of the WHA's jurisdiction under portability procedures. The regulations also allow the WHA the discretion to develop policies which define any limitations or restrictions on moves. This article defines the procedures for moves, both within and outside of the WHA's jurisdiction, and the policies for restriction and limitations on moves.
A family may move to a new unit with continued assistance, if:
The assisted lease for the old unit has terminated because the WHA has terminated the HAP contract for owner breach or the lease was terminated by mutual agreement of the owner and the family.
The owner has given the family a notice to vacate, or has commenced an action to evict the tenant, or has obtained a court judgment or other process allowing the owner to evict the family (unless assistance to the family will be terminated).
The family has given proper notice of lease termination (and if the family has a right to terminate the lease on notice to owner).
Families will be permitted to move within the WHA's jurisdiction during the initial year of assisted occupancy.
Families will be permitted to move more than once in a twelve-month period.
The WHA will deny permission to move if there is insufficient funding for continued assistance.
The Housing Choice Voucher Program Coordinator may make exceptions to these restrictions if there is an emergency reason for the move over which the participant has no control.
Issuance of voucher.
Subject to the restrictions on moves, if the family has not been recertified within the last 120 days, the WHA will issue the voucher to move as soon as the family requests the move.
If the family does not locate a new unit, it may remain in the current unit so long as the owner permits.
The annual recertification date will be changed to coincide with the new lease-up date.
Notice requirements.
Briefing sessions emphasize the family's responsibility to give the owner and the WHA proper written notice of any intent to move.
The family must give the owner the required number of days of written notice of intent to vacate specified in the lease and must give a copy to the WHA simultaneously.
Time of contract change.
A move within the same building or project, or between buildings owned by the same owner, will be processed like any other move, except that there will be no overlapping assistance.
In a move, assistance stops at the old unit at the end of the month in which the tenant ceased to occupy, unless proper notice was given to end a lease midmonth. Assistance will start on the new unit on the effective date of the lease and contract. Assistance payments may overlap for the month in which the family moves.
Portability applies to families moving out of or into the WHA's jurisdiction within the United States and its territories.
Within the limitations of the regulations and this policy, a participant family has the right to receive tenant-based voucher assistance to lease a unit outside the WHA's jurisdiction, anywhere in the United States, in the jurisdiction of a PHA with a tenant-based program. When a family requests to move outside of the WHA's jurisdiction, the request must specify the area to which the family wants to move.
Restrictions on portability.
Applicants.
If neither the head nor spouse had a domicile (legal residence) in the WHA's jurisdiction at the date of their initial application for assistance, the family will not be permitted to exercise portability upon initial issuance of a voucher, unless the WHA approves such move. (NOTE: Legal domicile is defined by local government.)
For a portable family that was not already receiving assistance in the WHA-based program, the WHA must determine whether the family is eligible for admission under the receiving PHA's program.
Project-based vouchers.
All contracts (HAP) will comply with project-based voucher (PBV) final rules, 24 CFR Part 983.
All administrative plan policies for the tenant-based voucher (TBV) program will apply to the project-based voucher program, with the following exceptions:
Disabled veteran applicants will receive an additional preference of four additional points.
Tenants renting HAP contract units will not be able to take a voucher with them after a year and move.
If an assisted family moves out, the owner may keep the HAP payable for the calendar month the family vacated the unit so long as the move out was not the fault of the owner. After that period, the Authority will not be responsible for payment to a vacant unit.
Absorption or administration.
The WHA will accept a family with a valid voucher from another jurisdiction and administer or absorb the voucher. If administering, the family will be issued a "portable" voucher by the WHA. The term of the voucher will not expire before the expiration date of any initial WHA voucher. The family must submit a request for tenancy approval for an eligible unit to the receiving PHA during the term of the receiving PHA voucher. The receiving PHA may grant extensions in accordance with this article. However, if the family decides not to lease-up in the WHA's jurisdiction, it must contact the initial PHA to request an extension.
The WHA may absorb vouchers if such absorption does not exceed 100% of households assisted.
When the WHA does not absorb the incoming voucher, it will administer the initial PHA's voucher and the receiving PHA's policies will prevail.
For admission to the program, a family must be income-eligible in the area where the family initially leases a unit with assistance under the program.
The receiving PHA does not redetermine eligibility for a portable family that was already receiving assistance in the initial PHA Section 8 tenant-based program.
The WHA will issue a "portability voucher" according to its own subsidy standards. If the family has a change in family composition which would change the voucher size, the WHA will change to the proper size based on its own subsidy standards.
Income and total tenant payment of incoming portables. [24 CFR 982.353(d)]
As receiving PHA, the WHA will conduct a recertification interview but only verify the information provided if the documents are missing or are over 120 days old, whichever is applicable, or there has been a change in the family's circumstances.
If the WHA conducts a recertification of the family it will not cause a delay in the issuance of a voucher.
If the family's income is such that a zero subsidy amount is determined prior to lease-up in the WHA's jurisdiction, the WHA will refuse to enter into a contract on behalf of the family at zero assistance.
Requests for tenancy approval.
A briefing will be mandatory for all portability families.
When the family submits a request for tenancy approval, it will be processed using the WHA's policies. If the family does not submit a request for tenancy approval or does not execute a lease, the WHA will notify the initial PHA within 60 days.
If the family leases up successfully, the WHA will notify the initial PHA within 60 days, and the billing process will commence.
The WHA will notify the initial PHA if the family fails to submit a request for tenancy approval for an eligible unit within the term of the voucher.
If the WHA denies assistance to the family, the WHA will notify the initial PHA within 60 days and the family will be offered a review or hearing.
The WHA will notify the family of its responsibility to contact the initial PHA if the family wishes to move outside the WHA's jurisdiction under continued portability.
Terminations.
The WHA will notify the initial PHA in writing of any termination of assistance within 60 days of the termination. If an informal hearing is required and requested by the family, the hearing will be conducted by the WHA, using the regular hearing procedures included in this chapter. A copy of the hearing decision will be furnished to the initial PHA.
The initial PHA will be responsible for collecting amounts owed by the family for claims paid and for monitoring repayment. If the initial PHA notifies the WHA that the family is in arrears or the family has refused to sign a payment agreement, the WHA will terminate assistance to the family.
Required documents. As receiving PHA, the WHA will require the documents listed on the HUD Portability Billing Form from the initial PHA.
Billing procedures.
As receiving PHA, the WHA will bill the initial PHA monthly for housing assistance payments. The billing cycle for other amounts, including administrative fees and special claims, will be monthly unless requested otherwise by the initial PHA.
The WHA will bill 100% of the housing assistance payment, 100% of special claims and 80% of the administrative fee (at the initial PHA's rate) for each "portability" voucher leased as of the first day of the month.
The WHA will notify the initial PHA of changes in subsidy amounts and will expect the initial PHA to notify the WHA of changes in the administrative fee amount to be billed.
