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HCV Portability

Portability

  1. Outgoing Housing Choice Vouchers (Port Out)

    A housing choice voucher becomes an "outgoing housing choice voucher" when the family holding the voucher decides to and is approved by the PHA to seek housing outside the jurisdiction of the initial PHA.

    1. Section 8 waiting list applicants who are residents of the PHA's jurisdiction (plus 5 miles beyond the city limits) may elect to exercise their option to use the portability features of their housing assistance when first leasing.|

    2. Section 8 waiting list applicants who reside in areas outside of its jurisdiction (defined above) must utilize their assistance within the jurisdiction for at least twelve (12) months before being able to relocate to another jurisdiction.

    3. Participants may not port out if they are in violation of family obligations or if they owe a balance due to the PHA relative to the Section 8 or Public Housing programs.

    4. A family moving to a jurisdiction outside the initial PHA is subject to redetermination of eligibility based on the income limits of the receiving PHA.
    5. A participant's family moving to another unit within the initial PHA's jurisdiction is not subject to redetermination of eligibility based on income limits.

    6. The PHA follows the portability requirements of 24 CFR 982.353-355 and 982.553-555 and any subsequent regulations, notices, memos, or directives from HUD regarding the administration of portability under Section 8.

    7. The PHA will notify the family in writing if the PHA is denying the family portability.

    8. The PHA will deny portability for the following:

      • If the funds are unavailable to port families to an area where a higher subsidy amount would be paid because of higher payment standards or more generous subsidy standards.
      • If the lease has expired.
      • If the family owes the PHA money.
      • If the family's assistance is pending termination.
      • If the family's annual gross income is more than the receiving PHA's income limit for the family size.

    9. When a family is allowed to move to another jurisdiction under portability, the initial PHA will:

      1. Contact the Receiving PHA and obtain information for tenant.

        • Contact address and phone number
        • Income limits
        • Subsidy Standards
        • Payment Standard

      2. Send (mail or fax) to the receiving PHA the following information:

        • Copy of Housing Choice Voucher
        • Form HUD-52665 Part I completed
        • Form HUD-50058 or Tenant Certification

    10. Only the Initial PHA can grant an extension of a Voucher.

Subsequent Moves and Portability

24 CFR 982.314(e)(1) provides that, at any time, the PHA may deny permission to move if the PHA does not have sufficient funding for an increase in assistance. For instance, a PHA has the authority to deny a family's request to move under the portability procedures to a unit in another jurisdiction that would require the PHA to pay a higher subsidy cost for the same family's assistance if the PHA determines it does not have sufficient funding available under their calendar year 2005 budget to accommodate such a move and the receiving PHA will not absorb the family into its own program.

B. Receiving PHA (see 24 CFR 982.355)

  1. As the receiving PHA, we will provide assistance to porting families unless the family has breached its obligations.

  2. As the receiving PHA, we will screen portable families using the established admission criteria only if the family is not a current participant in the tenant-based program. If screening results in denial or termination of assistance, as the receiving PHA, we will notify the initial PHA.

  3. Portability admissions are counted against the initial PHA's income targeting requirement (75% of extremely low-income admissions) - unless the receiving PHA absorbs the family (24 CFR 982.201).

  4. As the receiving PHA, we will issue the Voucher within two weeks. As the receiving PHA we cannot extend the term of the voucher. Voucher extension shall be obtained in writing from the initial PHA by the family.

  5. As the receiving PHA, we will refuse to issue a Voucher if the family fails to comply with requests for information and documentation to be supplied to the PHA.