Portability / Moving Policy

MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY

INTRODUCTION

If a participating family wishes to move from their current assisted unit once the initial lease term is completed they may submit a notice to vacate to their current owner and supply Marin Housing with a copy. Once Marin Housing received the notice to vacate the transfer process will begin. If the family has not completed an annual reexamination within the last 90-days of the notice to vacate Marin Housing will have the family complete and annual packet and verify all income and asset information prior to issuing the family a new voucher. 

Once the income and asset information has been determined, the family will be required to attend a Transfer Briefing. At the briefing Marin Housing will go over the programs rules as well as provide the family with useful tips on how to successfully utilize their voucher. Upon the conclusion of the briefing the family will receive a new voucher and Request for Tenancy Approval (RFTA) form, which will allow the family to search for and secure a new unit. 

*Note* Any families owing their existing owner any monies in unpaid rent or damages to the unit will not be allowed to transfer. Nonpayment of rent and causing damages to a unit being that of normal wear and tear is considered to be a serious violation of the lease and a violation of program obligations and will lead to termination of the family’s voucher.

PART I: MOVING WITH CONTINUED ASSISTANCE

10-I.A. ALLOWABLE MOVES

HUD lists six regulatory conditions under which an assisted family is allowed to move to a new unit with continued assistance. Permission to move is subject to the restrictions set forth in section 10-I.B.

• The family has a right to terminate the lease on notice to the owner (for the owner’s breach or otherwise) and has given a notice of termination to the owner in accordance with the lease [24 CFR 982.314(b)(3)]. If the family terminates the lease on notice to the owner, the notice must be at least a 30-day notice and the family must give MHA a copy of the notice at the same time [24 CFR 982.314(d)(1)].
• The lease for the family’s unit has been terminated by mutual agreement of the owner and the family [24 CFR 982.314(b)(1)(ii)].

MHA Policy

If the family and the owner mutually agree to terminate the lease for the family’s unit, the family must give MHA a copy of the termination agreement. Admin Plan 2013 10-2 Admin Plan 2013

• The owner has given the family a notice to vacate, has commenced an action to evict the family, or has obtained a court judgment or other process allowing the owner to evict thefamily[24 CFR 982.314(b)(2)].The family must giveMHAa copy of any owner eviction notice [24 CFR 982.551(g)].
• The family or a memberof the family is or has been the victim of domestic violence, datingviolence, or stalking and the move is needed to protect the health or safetyof the family orfamily member [24 CFR 982.314(b)(4)]. This condition applies even when the family hasmoved out of its unit in violation of the lease, with or without prior notification to the PHA,if the family or family member who is the victim reasonably believed that he or she wasimminently threatened byharm from further violence if he or she remained in the unit [24CFR 982.314(b)(4), 24 CFR 982.353(b)].

MHA PolicyIf a family requests permission to move with continued assistance based on a claim thatthe move is necessary to protect the health or safetyofa family memberwho is or hasbeen the victim of domestic violence, dating violence, or stalking, the PHA will requestdocumentation in accordance with section 16-IX.D of this plan.

MHA reserves the right to waive the documentation requirement if it determines thata statement or othercorroboratingevidence fromthe family or family member will suffice. In such cases thePHA will document the waiver in the family’sfile.

• MHAhas terminated theassisted lease for the family’s unit for the owner’sbreach[24 CFR982.314(b)(1)(i)].
• MHAdetermines that the family’scurrentunit does not meet the HQS space standardsbecause ofan increase in family size or a change in family composition. In such cases,MHAmust issue the family a new voucher, and thefamily andMHAmust try to find an acceptableunit as soon as possible. If an acceptable unit is available for thefamily,MHAmustterminate the HAP contract for thefamily’s old unit in accordance with the HAP contract terms and must notify both the family and the owner of the termination. The HAP contractterminates at the end of the calendar month that follows the calendar monthin whichMHAgives notice to the owner.[24 CFR 982.403(a)and (c)] 10-2 Admin Plan 2013 10-3

10-I.B. RESTRICTIONS ON MOVES

A family’s right to move is generally contingent upon the family’s compliance with program requirements [24 CFR 982.1(b)(2)]. HUD specifies two conditions under which a MHA may deny a family permission to move and two ways in which a MHA may restrict moves by a family.

Denial of Moves

HUD regulations permit MHA to deny a family permission to move under the following conditions:

Insufficient Funding

The MHA may deny a family permission to move if MHA does not have sufficient funding for continued assistance [24 CFR 982.314(e)(1)]. However, Notice PIH 2011-3 significantly restricts the ability of PHAs to deny permission to move due to insufficient funding and places further requirements on PHAs regarding moves denied due to lack of funding. The requirements found in this notice are mandatory.

MHA Policy

MHA will deny a family permission to move on grounds that MHA does not have sufficient funding for continued assistance if (a) the move is initiated by the family, not the owner or the PHA; (b) MHA can demonstrate that the move will, in fact, result in higher subsidy costs; and (c) MHA can demonstrate, in accordance with the policies in Part VIII of Chapter 16, that it does not have sufficient funding in its annual budget to accommodate the higher subsidy costs.

The PHA will create a list of families whose moves have been denied due to insufficient

funding. When funds become available, the families on this list will take precedence over

families on the waiting list. The PHA will use the same procedures for notifying families

with open requests to move when funds become available as it uses for notifying families

on the waiting list (see section 4-III.D).

MHA will inform the family of its policy regarding moves denied due to insufficient funding in a letter to the family at the time the move is denied.

MHA will also deny permission to move to if:

• The family has violated a Family Obligation (as contained in the Voucher Family Obligations Form)
• The family owes money to MHA. However, if the family is current on an existing repayment agreement, and the family’s reason for moving is through no fault of their own, a new voucher certificate will be issued allowing the move.
• The family has moved or been issued a Voucher within the last 12 months, unless the owner terminates the tenancy because of a shorter-term lease.
• The family has breached the terms of the lease and the owner evicted for the breach.
• Admin Plan 2013 10-4
• The family has an outstanding debt to the owner of their current unit.
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The Program Manager may make exceptions to these restrictions if there is an emergency reason for the move over which the participant has no control, and proper documentation has been provided.

Grounds for Denial or Termination of Assistance

The PHA may deny a family permission to move if it has grounds for denying or terminating the family’s assistance [24 CFR 982.314(e)(2)].

MHA Policy

If MHA has grounds for denying or terminating a family’s assistance, MHA will act on those grounds in accordance with the regulations and policies set forth in Chapters 3 and 12, respectively. In general, it will not deny a family permission to move for this reason; however, it retains the discretion to do so under special circumstances. Admin Plan 2013 10-5

Restrictions on Elective Moves [24 CFR 982.314(c)]

HUD regulations permit MHA to prohibit any elective move by a participant family during the family’s initial lease term. They also permit MHA to prohibit more than one elective move by a participant family during any 12-month period. However, such prohibitions, if adopted, do not apply when the family or a member of the family is or has been the victim of domestic violence, dating violence, or stalking and the move is needed to protect the health or safety of the family or family member. (For the policy on documentation of abuse, see section 10-I.A.)

MHA Policy

MHA will deny a family permission to make an elective move during the family’s initial lease term. This policy applies to moves within MHA’s jurisdiction or outside it under portability.

MHA will also deny a family permission to make more than one elective move during any 12-month period. This policy applies to all assisted families residing in MHA’s jurisdiction.

During an elective move, the family must move out of their previous unit on the last day of the month. The family can only move into the new unit on the first day of any given month. New Housing Assistance Contracts will only be effective on the first day of the month. Any new lease that begins on any day other than the first day of the month will not be effective until the first day of the following month.

MHA will consider exceptions to these policies for the following reasons: to protect the health or safety of a family member (e.g., lead-based paint hazards, domestic violence, witness protection programs), to accommodate a change in family circumstances (e.g., new employment, school attendance in a distant area), or to address an emergency situation over which a family has no control.

In addition, MHA will allow exceptions to these policies for purposes of reasonable accommodation of a family member who is a person with disabilities (see Chapter 2). Admin Plan 2013 10-6

10-I.C. MOVING PROCESS

Notification

If a family wishes to move to a new unit, the family must notify MHA and the owner before moving out of the old unit or terminating the lease on notice to the owner [24 CFR 982.314(d)(2)]. The notice from the family to the owner and MHA must be at least a 30-day notice. If the family wishes to move to a unit outside MHA’s jurisdiction under portability, the notice to MHA must specify the area where the family wishes to move [24 CFR 982.314(d)(2), Notice PIH2011-3]. The notices must be in writing [24 CFR 982.5].

Approval

PHA Policy

Upon receipt of a family’s notification that it wishes to move, MHA will determine whether the move is approvable in accordance with the regulations and policies set forth in sections 10-I.A and 10-I.B. MHA will notify the family in writing of its determination within 10 business days following receipt of the family’s notification.

Reexamination of Family Income and Composition

MHA Policy

For families approved to move to a new unit within MHA’s jurisdiction, MHA will perform a new annual reexamination in accordance with the policies set forth in Chapter 11 of this plan.

For families moving into or families approved to move out of MHA’s jurisdiction under portability, MHA will follow the policies set forth in Part II of this chapter.

Voucher Issuance and Briefing

MHA Policy

For families approved to move to a new unit within MHA’s jurisdiction, MHA will issue a new voucher within 10 business days of MHA’s written approval to move. MHA will follow the policies set forth in Chapter 5 on voucher term, extension, and expiration. If a family does not locate a new unit within the term of the voucher and any extensions, the family may remain in its current unit with continued voucher assistance if the owner agrees and MHA approves. Otherwise, the family will lose its assistance.

For families moving into or families approved to move out of MHA’s jurisdiction under portability, MHA will follow the policies set forth in Part II of this chapter.

Transfer Procedures

Families moving with assistance will attend a transfer briefing and receive a copy of the following MHA Transfer Procedures. Families will be required to sign a copy of and are expected to abide by these procedures:

SECTION 8 HOUSING CHOICE VOUCHER PROGRAM VACATE & TRANSFER PROCEDURES Admin Admin Plan 2013 10-7

As the participant family in the Section 8 Housing Choice Voucher Program, you are required to provide at least 30 days written notice to the owner and the Housing Authority of your intent to vacate your current rental unit. During the first year of your lease, you cannot vacate without good cause or mutual agreement with your owner.

If your owner gives you a notice to vacate, you must provide a copy of this notice to the Housing Authority and call your Housing Eligibility Worker to schedule a transfer briefing. Please call MHA main number (415) 491-2525 if you do not have your Housing Eligibility Worker’s phone number. Your Eligibility Worker will tell you if household incomes & assets need to be updated.

The important information you need to know prior to the transfer

• The Housing Authority cannot assist you until your current unit is totally vacated, meaning all your belongings have been removed, the unit is free of damage and all keys returned to the owner or manager and you do not owe any monies to the owner or Marin Housing Authority.
• Remember to return all keys to the manager or owner. If you do not, you are still responsible for the rent of the unit and you may be charged for re-keying or new lock installation.
• If you have a current repayment agreement with MHA, you must contact your Eligibility Worker to find out what you must do in order to transfer.
• You will be responsible to pay the whole rent to the owner for any days that you stay over beyond the vacate date given to you at the transfer briefing.
• In order to receive the transfer voucher and transfer your housing assistance to another rental unit, you must attend the transfer briefing and provide all requested documentation. The manager or owner of your current rental unit must issue a letter to MHA clearing the family of responsibility for any and all monies owed for rent and/or damages.
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Marin Housing will deny your request to move if:

1. The family has violated any Family Obligations, as contained in the Voucher Family Obligations form.
2. The family owes money to Marin Housing; unless the family is currently on the existing repayment agreement and the reason to move is through no fault of the family; the Program Manager has discretion to allow the move.
3. The family has breached the terms of the owner’s lease and been evicted for the breach.
4. The family has an outstanding debt to the owner of the current rental unit.

Admin Plan 2013 10-8

Marin Housing may also deny your request to move if your rental unit was left damaged (except normal wear and tear), the unit is left unclean or there is unpaid rent. You will be liable to pay for damages, unpaid rent, the removal of all your belongings from the unit or the owner may keep some or your total security deposit amount. If there is any dispute with your owner, you may pursue mediation assistance by contacting the Consumer Protection Unit of the Marin County District Attorney's Office at (415) 499-6495.

Below are basic instructions explaining how to clean your unit before moving out:

• Clean out oven/stove, exhaust fan, sink, and refrigerator; wipe clean cupboards, closet shelves. Remove all garbage and trash.
• Remove all belongings from garage, storage areas, porches, yards, carports and property.
• If kitchen walls and ceilings are greasy, or have spills, food particles or smoke film on them, wash down thoroughly.
• Clean bathroom toilet, sink, medicine cabinet, vanity and cupboards. Clean tub/showers and floors in bathroom completely.
• If there is evidence of mold or stains on walls, water stains, wash down ceiling and walls in bathroom completely.
• Wash windows on inside, wipe down molding and sills.
• Wipe fingerprints from walls and doors.
• Sweep, mop and vacuum unit thoroughly.
• Carpets: If there are spots/stains due to your tenancy, steam clean the carpets. If you do not know how to do this correctly, hire a professional carpet cleaning service.
• If there are any holes in walls from pictures/posters, or other damage, they are to be neatly patched and repaired so they are ready for repainting.
• If just dusty, drapes are usually cleaned by owners. If you have let them be stained from rain or excess smoking, ripped, or torn by your neglect, you will be held responsible for their cleaning or replacement, if necessary.

Your Transfer Certificate of Participation gives you 60 days to locate another unit. You need to complete and bring to the Housing Authority the Request for Lease Approval original form on or before the expiration date of your Transfer Voucher. When the initial 60 days expired, you may submit a written request for an extension; the request must include a copy of your housing search log (attached).

Housing Assistance Payments [24 CFR 982.311(d)]

When a family moves out of an assisted unit, MHA may not make any housing assistance payment to the owner for any month after the month the family moves out. The owner may keep the housing assistance payment for the month when the family moves out of the unit.Admin Plan 2013 10-9

Also, when a participant moves out of an assisted unit, assistance stops at the old unit at the end of the 30-day notice period. Assistance will start on the new unit on the effective date of the lease and contract. The participant is responsible for payment of the full rent to the new owner until the prior owners contract has been terminated.

When it is a move within the same building or project, or between buildings owned by the same owner, a complete update of the income is not required. The contract can be amended to reflect the new address and the expiration of the contract is set at the end of the original contract period.

On a limited basis, when necessitated by circumstances out of the family’s control and approved by the Program Manager, MHA will allow the term of the assisted lease for the new assisted unit to begin during the month the family moves out of the first assisted unit. Overlap of the last housing assistance payment (for the month when the family moves out of the old unit) and the first assistance payment for the new unit, is not considered to constitute a duplicative housing subsidy.Admin Plan 2013 10-10

PART II: PORTABILITY

10-II.A. OVERVIEW

Within the limitations of the regulations and this plan, a participant family or an applicant family that has been issued a voucher has the right to use tenant-based voucher assistance to lease a unit anywhere in the United States providing that the unit is located within the jurisdiction of a PHA administering a tenant-based voucher program [24 CFR 982.353(b)]. The process by which a family obtains a voucher from one PHA and uses it to lease a unit in the jurisdiction of another PHA is known as portability. The first PHA is called the initial PHA. The second is called the receiving PHA.

The receiving PHA has the option of administering the family’s voucher for the initial PHA or absorbing the family into its own program. Under the first option, the receiving PHA bills the initial PHA for the family’s housing assistance payments and the fees for administering the family’s voucher. Under the second option, the receiving PHA pays for the family’s assistance out of its own program funds, and the initial PHA has no further relationship with the family.

The same PHA commonly acts as the initial PHA for some families and as the receiving PHA for others. Each role involves different responsibilities. PHA will follow the rules and policies in section 10-II.B when it is acting as the initial PHA for a family. It will follow the rules and policies in section 10-II.C when it is acting as the receiving PHA for a family.Admin Plan 2013 10-11

10-II.B. INITIAL PHA ROLE

Allowable Moves under Portability

A family may move with voucher assistance only to an area where there is at least one PHA administering a voucher program [24 CFR 982.353(b)]. If there is more than one PHA in the area, the initial PHA may choose the receiving PHA [24 CFR 982.355(b)].

Applicant families that have been issued vouchers as well as participant families may qualify to lease a unit outside PHA’s jurisdiction under portability. The initial PHA, in accordance with HUD regulations and PHA policy, determines whether a family qualifies.

Applicant Families

Under HUD regulations, most applicant families qualify to lease a unit outside MHA’s jurisdiction under portability. However, HUD gives MHA discretion to deny a portability move by an applicant family for the same two reasons that it may deny any move by a participant family: insufficient funding and grounds for denial or termination of assistance.

MHA Policy

In determining whether or not to deny an applicant family permission to move under portability because MHA lacks sufficient funding or has grounds for denying assistance to the family, the initial MHA will follow the policies established in section 10-I.B of this chapter.

In addition, MHA may establish a policy denying the right to portability to nonresident applicants during the first 12 months after they are admitted to the program [24 CFR 982.353(c)].

MHA Policy

If neither the head of household nor the spouse/cohead of an applicant family had a domicile (legal residence) MHA’s jurisdiction at the time the family’s application for assistance was submitted, the family must live MHA’s jurisdiction with voucher assistance for at least 12 months before requesting portability.

MHA will consider exceptions to this policy for purposes of reasonable accommodation (see Chapter 2) or reasons related to domestic violence, dating violence or stalking. However, any exception to this policy is subject to the approval of the receiving PHA [24 CFR 982.353(c)(3)].Admin Plan 2013 10-12

Participant Families

The initial MHA must not provide portable assistance for a participant if a family has moved out of its assisted unit in violation of the lease [24 CFR 982.353(b)]. The Violence Against Women Act of 2005 (VAWA) creates an exception to this prohibition for families who are otherwise in compliance with program obligations but have moved to protect the health or safety of a family member who is or has been a victim of domestic violence, dating violence or stalking and who reasonably believed he or she was imminently threatened by harm from further violence if they remained in the unit [24 CFR 982.353(b)].

MHA Policy

The MHA will determine whether a participant family may move out of MHA’s jurisdiction with continued assistance in accordance with the regulations and policies set forth here and in sections 10-I.A and 10-I.B of this chapter. PHA will notify the family of its determination in accordance with the approval policy set forth in section 10-I.C of this chapter.

Determining Income Eligibility

Applicant Families

An applicant family may lease a unit in a particular area under portability only if the family is income eligible for admission to the voucher program in that area [24 CFR 982.353(d)(3)]. The family must specify the area to which the family wishes to move [Notice 2011-3].

The initial PHA is responsible for determining whether the family is income eligible in the area to which the family wishes to move [24 CFR 982.355(c)(1)]. If the applicant family is not income eligible in that area, PHA must inform the family that it may not move there and receive voucher assistance [Notice PIH 2011-3].

Participant Families

The income eligibility of a participant family is not re-determined if the family moves to a new jurisdiction under portability [24 CFR 982.353(d)(2), 24 CFR 982.355(c)(1)].

Reexamination of Family Income and Composition

No new reexamination of family income and composition is required for an applicant family.

MHA Policy

For a participant family approved to move out of its jurisdiction under portability, PHA generally will conduct a reexamination of family income and composition only if the family’s annual reexamination must be completed on or before the initial billing deadline specified on form HUD-52665, Family Portability Information.

MHA will make any exceptions to this policy necessary to remain in compliance with HUD regulations, such as when MHA has knowledge that there has been a significant change in the family’s income or composition since the last reexamination, and MHA needs to send current (within 120 days) information to the receiving PHA. Admin Plan 2013 10-13

Briefing

The regulations and policies on briefings set forth in Chapter 5 of this plan require PHA to provide information on portability to all applicant families that qualify to lease a unit outside MHA’s jurisdiction under the portability procedures. Therefore, no special briefing is required for these families.

MHA Policy

No formal briefing will be required for a participant family wishing to move outside MHA’s jurisdiction under portability. However, MHA will provide the family with the same oral and written explanation of portability that it provides to applicant families selected for admission to the program (see Chapter 5). MHA will provide the name, address, and phone of the contact for MHA in the jurisdiction to which they wish to move. MHA will advise the family that they will be under that PHA’s policies and procedures, including subsidy standards and voucher extension policies.

Voucher Issuance and Term

An applicant family has no right to portability until after the family has been issued a voucher [24 CFR 982.353(b)]. In issuing vouchers to applicant families, MHA will follow the regulations and procedures set forth in Chapter 5. A new voucher is not required for portability purposes.

MHA Policy

For families approved to move under portability, MHA will issue a new voucher within 10 business days of MHA’s written approval to move.

The initial term of the voucher will be 60 days.

Voucher Extensions and Expiration

MHA Policy

MHA will approve no extensions to a voucher issued to an applicant or participant family porting out of PHA’s jurisdiction except under the following circumstances: (a) the initial term of the voucher will expire before the portable family will be issued a voucher by the receiving PHA, (b) the family decides to return to the initial MHA’s jurisdiction and search for a unit there, or (c) the family decides to search for a unit in a third PHA’s jurisdiction. In such cases, the policies on voucher extensions set forth in Chapter 5, section 5-II.E, of this plan will apply, including the requirement that the family apply for an extension in writing prior to the expiration of the initial voucher term.

To receive or continue receiving assistance under the initial PHA’s voucher program, a family that moves to another PHA’s jurisdiction under portability must be under HAP contract in the receiving PHA’s jurisdiction within 60 days following the expiration date of the initial PHA’s voucher term (including any extensions). (See below under "Initial Billing Deadline" for one exception to this policy.)

Pre Approval Contact with the Receiving PHA

Prior to approving a family’s request to move under portability, the initial PHA must contact the Admin Plan 2013 10-14

receiving PHA via e-mail or other confirmed delivery method to determine whether the receiving

PHA will administer or absorb the family’s voucher. Based on the receiving PHA’s response, the initial PHA must determine whether it will approve or deny the move [Notice PIH 2011-3].

PHA Policy

The PHA will use e-mail, when possible, to contact the receiving PHA regarding whether

the receiving PHA will administer or absorb the family’s voucher.

Initial Notification to the Receiving PHA

After approving a family’s request to move under portability, the initial PHA must promptly notify the receiving PHA to expect the family [24 CFR 982.355(c)(2)]. This means that the initial PHA must contact the receiving PHA directly on the family’s behalf [Notice PIH 2011-3]. The initial PHA must also advise the family how to contact and request assistance from the receiving PHA [24 CFR 982.355(c)(2)].

MHA Policy

Because the portability process is time-sensitive, MHA will notify the receiving PHA by phone, fax, or e-mail to expect the family. The initial PHA will also ask the receiving PHA to provide any information the family may need upon arrival, including the name, fax, e-mail and telephone number of the staff person responsible for business with incoming portable families and procedures related to appointments for voucher issuance. PHA will pass this information along to the family. MHA will also ask for the name, address, telephone number, fax and email of the person responsible for processing the billing information.

Sending Documentation to the Receiving PHA

The initial PHA is required to send the receiving PHA the following documents:

• Form HUD-52665, Family Portability Information, with Part I filled out [Notice PIH 2011-3]
• A copy of the family’s voucher [Notice PIH 2011-3]
• A copy of the family’s most recent form HUD-50058, Family Report, or, if necessary in the case of an applicant family, family and income information in a format similar to that of form HUD-50058 [24 CFR 982.355(c)(4), Notice PIH 2011-3]
• Copies of the income verifications backing up the form HUD-50058 [24 CFR 982.355(c)(4), Notice PIH 2011-3]

MHA Policy

In addition to these documents, PHA will provide the following information, if available, to the receiving PHA:

Social security numbers (SSNs)

Documentation of SSNs for all family members age 6 and overAdmin Plan 2013 10-15

Documentation of legal identity

Documentation of citizenship or eligible immigration status

Documentation of participation in the earned income disallowance (EID) benefit

Documentation of participation in a family self-sufficiency (FSS) program

A copy of the family’s current EIV data

The PHA will notify the family in writing regarding any information provided to the receiving PHA [HCV GB, p. 13-3].Admin Plan 2013 10-16

Initial Billing Deadline [Notice PIH 2011-3]

When the initial PHA sends form HUD-52665 to the receiving PHA, it specifies in Part I the deadline by which it must receive the initial billing notice from the receiving PHA. This deadline is 60 days following the expiration date of the voucher issued to the family by the initial PHA. If the initial PHA does not receive a billing notice by the deadline and does not intend to honor a late billing submission, it must contact the receiving PHA to determine the status of the family. If the receiving PHA reports that the family is not yet under HAP contract, the initial PHA may refuse to accept a late billing submission. If the receiving PHA reports that the family is under HAP contract and the receiving PHA cannot absorb the family, the initial PHA must accept a late billing submission; however, it may report to HUD the receiving PHA’s failure to comply with the deadline.

MHA Policy

If MHA has not received an initial billing notice from the receiving PHA by the deadline specified on form HUD-52665, it will contact the receiving PHA by phone, fax, or e-mail on the next business day. If the receiving PHA reports that the family is not yet under HAP contract, PHA will inform the receiving PHA that it will not honor a late billing submission and will return any subsequent billings that it receives on behalf of the family. MHA will send the receiving PHA a written confirmation of its decision by mail.

MHA will allow an exception to this policy if the family includes a person with disabilities and the late billing is a result of a reasonable accommodation granted to the family by the receiving PHA.

Monthly Billing Payments [24 CFR 982.355(e), Notice PIH 2011-3]

If the receiving PHA is administering the family’s voucher, the initial PHA is responsible for making billing payments in a timely manner. The first billing amount is due within 30 calendar days after the initial PHA receives Part II of form HUD-52665 from the receiving PHA. Subsequent payments must be received by the receiving PHA no later than the fifth business day of each month. The payments must be provided in a form and manner that the receiving PHA is able and willing to accept.

The initial PHA may not terminate or delay making payments under existing portability billing arrangements as a result of over-leasing or funding shortfalls. PHA must manage its tenant-based program in a manner that ensures that it has the financial ability to provide assistance for families that move out of its jurisdiction under portability and are not absorbed by receiving PHAs as well as for families that remain within its jurisdiction.

MHA Policy

The initial PHA will utilize direct deposit to ensure that the payment is received by the deadline unless the receiving PHA notifies the initial PHA that direct deposit is not acceptable to them. Admin Plan 2013 10-17

Annual Updates of Form HUD-50058

If the initial PHA is being billed on behalf of a portable family, it should receive an updated form HUD-50058 each year from the receiving PHA. If the initial PHA fails to receive an updated 50058 by the family’s annual reexamination date, the initial PHA should contact the receiving PHA to verify the status of the family.

Denial or Termination of Assistance [24 CFR 982.355(c)(9)]

If the initial PHA has grounds for denying or terminating assistance for a portable family that has not been absorbed by the receiving PHA, the initial PHA may act on those grounds at any time. (For MHA policies on denial and termination, see Chapters 3 and 12, respectively.)Admin Plan 2013 10-18

10-II.C. RECEIVING PHA ROLE

If a family has a right to lease a unit in the receiving PHA’s jurisdiction under portability, the receiving PHA must provide assistance for the family [24 CFR 982.355(10)].

The receiving PHA’s procedures and preferences for selection among eligible applicants do not apply, and the receiving PHA’s waiting list is not used [24 CFR 982.355(10)]. However, the family’s unit, or voucher, size is determined in accordance with the subsidy standards of the receiving PHA [24 CFR 982.355(7)], and the amount of the family’s housing assistance payment is determined in the same manner as for other families in the receiving PHA’s voucher program [24 CFR 982.355(e)(2)].

Responding to Initial PHA’s Request

The receiving PHA must respond via e-mail or other confirmed delivery method to the initial PHA’s inquiry to determine whether the family’s voucher will be billed or absorbed. If the receiving PHA informs the initial PHA that it will be absorbing the voucher, the receiving PHA cannot reverse its decision at a later date [Notice PIH 2011-3].

MHA Policy

MHA will use e-mail, when possible, to notify the initial PHA whether it will administer or absorb the family’s voucher.

Initial Contact with Family

When a family moves into PHA’s jurisdiction under portability, the family is responsible for promptly contacting PHA and complying with PHA’s procedures for incoming portable families [24 CFR 982.355(c)(3)].

If the voucher issued to the family by the initial PHA has expired, the receiving PHA does not process the family’s paperwork but instead refers the family back to the initial PHA [Notice PIH 2011-3].

If for any reason the receiving PHA refuses to process or provide assistance to a family under the portability procedures, the family must be given the opportunity for an informal review or hearing [Notice PIH 2011-3]. (For more on this topic, see later under "Denial or Termination of Assistance.")Admin Plan 2013 10-19

Briefing

HUD allows the receiving PHA to require a briefing for an incoming portable family as long as the requirement does not unduly delay the family’s search [Notice PIH 2011-3].

MHA Policy

MHA will not require the family to attend a briefing. MHA will provide the family with a briefing packet (as described in Chapter 5) and, in an individual briefing, will orally inform the family about MHA’s payment and subsidy standards, procedures for requesting approval of a unit, the unit inspection process, and the leasing process. MHA will suggest that the family attend a full briefing at a later date.

Income Eligibility and Reexamination

HUD allows the receiving PHA to conduct its own income reexamination of a portable family [24 CFR 982.355(c)(4)]. However, the receiving PHA may not delay voucher issuance or unit approval until the reexamination process is complete unless the reexamination is necessary to determine that an applicant family is income eligible for admission to the program in the area where the family wishes to lease a unit [Notice PIH 2011-3, 24 CFR 982.201(b)(4)]. The receiving PHA does not redetermine income eligibility for a portable family that was already receiving assistance in the initial PHA’s voucher program [24 CFR 982.355(c)(1)].

MHA Policy

For any family moving into its jurisdiction under portability, MHA will conduct a new reexamination of family income and composition. However, MHA will not delay issuing the family a voucher for this reason. Nor will MHA delay approving a unit for the family until the reexamination process is complete unless the family is an applicant and MHA cannot otherwise confirm that the family is income eligible for admission to the program in the area where the unit is located.

In conducting its own reexamination, MHA will rely upon any verifications provided by the initial PHA to the extent that they (a) accurately reflect the family’s current circumstances and (b) were obtained within the last 120 days. Any new information may be verified by documents provided by the family and adjusted, if necessary, when third party verification is received.Admin Plan 2013 10-20

Voucher Issuance

When a family moves into its jurisdiction under portability, the receiving PHA is required to issue the family a voucher [24 CFR 982.355(b)(6)]. The family must submit a request for tenancy approval to the receiving PHA during the term of the receiving PHA’s voucher [24 CFR 982.355(c)(6)].

Timing of Voucher Issuance

HUD expects the receiving PHA to issue the voucher within two weeks after receiving the family’s paperwork from the initial PHA if the information is in order, the family has contacted the receiving PHA, and the family complies with the receiving PHA’s procedures [Notice PIH 2011-3].

MHA Policy

When a family ports into its jurisdiction, MHA will issue the family a voucher based on the paperwork provided by the initial PHA unless the family’s paperwork from the initial PHA is incomplete, the family’s voucher from the initial PHA has expired or the family does not comply with MHA’s procedures. MHA will update the family’s information when verification has been completed.

Voucher Term

The term of the receiving PHA’s voucher may not expire before the term of the initial PHA’s voucher [24 CFR 982.355(c)(6)].

MHA Policy

The receiving PHA’s voucher will expire on the same date as the initial PHA’s voucher.

Voucher Extensions [24 CFR 982.355(c)(6), Notice 2011-3]

The receiving PHA may provide additional search time to the family beyond the expiration date of the initial PHA’s voucher; however, if it does so, it must inform the initial PHA of the extension. It must also bear in mind the billing deadline provided by the initial PHA. Unless willing and able to absorb the family, the receiving PHA should ensure that any voucher expiration date would leave sufficient time to process a request for tenancy approval, execute a HAP contract, and deliver the initial billing to the initial PHA.

MHA Policy

MHA generally will not extend the term of the voucher that it issues to an incoming portable family unless MHA plans to absorb the family into its own program, in which case it will follow the policies on voucher extension set forth in section 5-II.E.

MHA will consider an exception to this policy as a reasonable accommodation to a person with disabilities (see Chapter 2).Admin Plan 2013 10-21

Notifying the Initial PHA

The receiving PHA must promptly notify the initial PHA if the family has leased an eligible unit under the program or if the family fails to submit a request for tenancy approval for an eligible unit within the term of the receiving PHA’s voucher [24 CFR 982.355(c)(8)]. The receiving PHA is required to use Part II of form HUD-52665, Family Portability Information, for this purpose [24 CFR 982.355(e)(5), Notice PIH 2011-3]. (For more on this topic and the deadline for notification, see below under "Administering a Portable Family’s Voucher.")

If an incoming portable family ultimately decides not to lease in the jurisdiction of the receiving PHA but instead wishes to return to the initial PHA’s jurisdiction or to search in another jurisdiction, the receiving PHA must refer the family back to the initial PHA. In such a case the voucher of record for the family is once again the voucher originally issued by the initial PHA. Any extension of search time provided by the receiving PHA’s voucher is only valid for the family’s search in the receiving PHA’s jurisdiction [Notice PIH 2011-3].

Administering a Portable Family’s Voucher

Initial Billing Deadline

If a portable family’s search for a unit is successful and the receiving PHA intends to administer the family’s voucher, the receiving PHA must submit its initial billing notice (Part II of form HUD-52665) (a) no later than 10 business days following the date the receiving PHA executes a HAP contract on behalf of the family and (b) in time that the notice will be received no later than 60 days following the expiration date of the family’s voucher issued by the initial PHA [Notice PIH 2011-3]. A copy of the family’s form HUD-50058, Family Report, completed by the receiving PHA must be attached to the initial billing notice. The receiving PHA may send these documents by mail, fax, or e-mail.

MHA Policy

MHA will send its initial billing notice by fax or e-mail, if necessary, to meet the billing deadline but will also send the notice by regular mail.

If the receiving PHA fails to send the initial billing within 10 business days following the date the HAP contract is executed, it is required to absorb the family into its own program unless (a) the initial PHA is willing to accept the late submission or (b) HUD requires the initial PHA to honor the late submission (e.g., because the receiving PHA is overleased) [Notice PIH 2011-3].Admin Plan 2013 10-22

Ongoing Notification Responsibilities [Notice PIH 2011-3, HUD-52665]

Annual Reexamination. The receiving PHA must send the initial PHA a copy of a portable family’s updated form HUD-50058 after each annual reexamination for the duration of time the receiving PHA is billing the initial PHA on behalf of the family, regardless of whether there is a change in the billing amount.

MHA Policy

MHA will send a copy of the updated HUD-50058 by regular mail at the same time MHA and owner are notified of the reexamination results.

Change in Billing Amount. The receiving PHA is required to notify the initial PHA, using form HUD-52665, of any change in the billing amount for the family as a result of:

• A change in the HAP amount (because of a reexamination, a change in the applicable payment standard, a move to another unit, etc.)
• An abatement or subsequent resumption of the HAP payments
• Termination of the HAP contract
• Payment of a damage/vacancy loss claim for the family
• Termination of the family from the program

The timing of the notice of the change in the billing amount should correspond with the notification to the owner and the family in order to provide the initial PHA with advance notice of the change. Under no circumstances should the notification be later than 10 business days following the effective date of the change in the billing amount. If the receiving PHA fails to send Form HUD-52665 within 10 days of effective date of billing changes, the initial PHA is not responsible for any increase prior to notification.

Late Payments [Notice PIH 2011-3]

If the initial PHA fails to make a monthly payment for a portable family by the fifth business day of the month, the receiving PHA must promptly notify the initial PHA in writing of the deficiency. The notice must identify the family, the amount of the billing payment, the date the billing payment was due, and the date the billing payment was received (if it arrived late). The receiving PHA must send a copy of the notification to the Office of Public Housing (OPH) in the HUD area office with jurisdiction over the receiving PHA. If the initial PHA fails to correct the problem by the second month following the notification, the receiving PHA may request by memorandum to the director of the OPH with jurisdiction over the receiving PHA that HUD transfer the unit in question. A copy of the initial notification and any subsequent correspondence between the PHAs on the matter must be attached. The receiving PHA must send a copy of the memorandum to the initial PHA. If the OPH decides to grant the transfer, the billing arrangement on behalf of the family ceases with the transfer, but the initial PHA is still responsible for any outstanding payments due to the receiving PHA.Admin Plan 2013 10-23

Overpayments [Notice PIH 2011-3]

In all cases where the receiving PHA has received billing payments for billing arrangements no longer in effect, the receiving PHA is responsible for returning the full amount of the overpayment (including the portion provided for administrative fees) to the initial PHA.

In the event that HUD determines billing payments have continued for at least three months because the receiving PHA failed to notify the initial PHA that the billing arrangement was terminated, the receiving PHA must take the following steps:

• Return the full amount of the overpayment, including the portion provided for administrative fees, to the initial PHA.

• Once full payment has been returned, notify the Office of Public Housing in the HUD area office with jurisdiction over the receiving PHA of the date and the amount of reimbursement to the initial PHA.

At HUD’s discretion, the receiving PHA will be subject to the sanctions spelled out in Notice PIH 2011-3.

Denial or Termination of Assistance

At any time, the receiving PHA may make a determination to deny or terminate assistance to a portable family for family action or inaction [24 CFR 982.355(c)(9), 24 CFR 982.355(c)(10)].

In the case of a termination, PHA should provide adequate notice of the effective date to the initial PHA to avoid having to return a payment. In no event should the receiving PHA fail to notify the initial PHA later than 10 business days following the effective date of the termination of the billing arrangement [Notice PIH 2011-3].

PHA Policy

If MHA elects to deny or terminate assistance for a portable family, MHA will notify the initial PHA within 10 business days after the informal review or hearing if the denial or termination is upheld. MHA will base its denial or termination decision on the policies set forth in Chapter 3 or Chapter 12, respectively. The informal review or hearing will be held in accordance with the policies in Chapter 16. The receiving PHA will furnish the initial PHA with a copy of the review or hearing decision. Admin Plan 2013 10-24

Absorbing a Portable Family

The receiving PHA may absorb an incoming portable family into its own program when MHA executes a HAP contract on behalf of the family or at any time thereafter providing that (a) PHA has funding available under its annual contributions contract (ACC) and (b) absorbing the family will not result in over leasing [24 CFR 982.355(d)(1), Notice PIH 2011-3].

If the receiving PHA absorbs a family from the point of admission, the admission will be counted against the income targeting obligation of the receiving PHA [24 CFR 982.201(b)(2)(vii)].

If the receiving PHA absorbs a family after providing assistance for the family under a billing arrangement with the initial PHA, HUD encourages the receiving PHA to provide adequate advance notice to the initial PHA to avoid having to return an overpayment. The receiving PHA must specify the effective date of the absorption of the family [Notice PIH 2011-3].

PHA Policy

If MHA decides to absorb a portable family upon the execution of a HAP contract on behalf of the family, MHA will notify the initial PHA by the initial billing deadline specified on form HUD-52665. The effective date of the HAP contract will be the effective date of the absorption.

If MHA decides to absorb a family after that, it will provide the initial PHA with 30 days’ advance notice.

Following the absorption of an incoming portable family, the family is assisted with funds available under the consolidated ACC for the receiving PHA’s voucher program [24 CFR 982.355(d)], and the receiving PHA becomes the initial PHA in any subsequent moves by the family under portability.