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How to Transfer a Section 8 Voucher to Another State or County (Section 8 Portability)

Автор: Section 8 Consulting

Загружено: 2021-10-14

Просмотров: 21342

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In the Housing Choice Voucher (HCV) program, moves with continued assistance may occur both inside and outside of a PHA’s jurisdiction. An eligible family that has been issued a voucher can lease a unit that meets program requirements anywhere in the United States, provided that a PHA administering a tenant-based program has jurisdiction in the area in which the unit is located. This feature of the program is referred to as portability, which is the process of leasing a dwelling unit with tenant-based housing voucher assistance outside of the jurisdiction of the PHA that initially issues the family its voucher (the initial PHA).

This chapter describes how eligible families may move from one jurisdiction to another using portability. The PHA that initially issues the voucher to a portable family in order to allow them to move to a different
jurisdiction is referred to as the initial PHA. The PHA in the jurisdiction to which the family wishes to move is known as the receiving PHA.

Under TBVs, the subsidy is tied to the family, not the unit. This means that the assistance may be used within the jurisdiction where the family lives or within any jurisdiction with an HCV program.

With PBVs, however, the subsidy is tied to the unit, not the family. Only after one year of assistance in a project-based unit, the family may switch to the tenant-based voucher program and exercise portability if they choose, with some restrictions.

An applicant's family must be allowed to move to another jurisdiction under portability provided that the head of household or spouse was a resident of the PHA’s jurisdiction at the time the initial application for assistance was submitted and that all other portability requirements are met. Conversely, non-resident applicants have no right to move under portability for 12 months from the time the family is admitted to the HCV program.2 Once a HAP contract is executed on behalf of the applicant family, the family becomes an HCV participant.

Initial PHAs may allow portability moves during this 12-month period.3 The initial PHA may decide to allow portability when the move would respond to a special family (for example, for employment opportunities) need but not allow such moves in other instances. The PHA is required to document the exceptions to the residency requirements in regards to portability in the administrative plan. The PHA may also choose not to impose a one-year residency requirement and allow for portability immediately for all applicants.

Residency is determined based on the family’s domicile at the time that the family initially submitted their application for assistance, not at the time they reached the top of the PHA’s waiting list. Domicile means the legal residence of the household head or spouse as determined by State and local law. The PHA needs to set a policy in the administrative plan outlining how the residency will be verified for those resident applicants wishing to exercise portability.

Note: Residency requirements associated with portability are different for participants in HUD-VASH and are described in the Special Purpose Vouchers chapter.

A family must4 be income-eligible in the area where the family initially leases a unit with assistance to be admitted into the program. This means that applicant families who exercise portability must5 meet the applicable income limits of the receiving PHA’s jurisdiction. Income eligibility does not apply to participant families; that is, income eligibility is not re-determined when a participant family moves under portability.

Note: Under certain circumstances, the receiving PHA will need to re-determine income eligibility for applicant
families. For example, if the applicant's family initially reported they had no earned income but they
subsequently obtain new employment, the receiving PHA may need to re-determine income eligibility for the applicant's family to ensure the family is income-eligible in the receiving PHA’s jurisdiction.

To begin the portability process, the family contacts the initial PHA to provide the name of the location to which the family wishes to move.7 If more than one PHA administers a voucher program in the area to which the family is moving, the family either chooses the receiving PHA or requests that the initial PHA make that choice.8 The family must9 notify the landlord before moving out of the unit. The family is also responsible for providing proper notice to their current landlord in accordance with their lease agreement. Once the receiving PHA has been selected and the portability request approved, the initial
PHA also advises the family on how to contact and request assistance
from the receiving PHA. The family is then responsible for:

How to Transfer a Section 8 Voucher to Another State or County (Section 8 Portability)

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