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Section 8 Housing Voucher Portability & Moves for Low Income Housing (Portability Guide)
Program regulations concerning
portability are found at 24 CFR 982.353 through 982.355.
An applicant 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 a 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.
Note: Residency requirements associated with portability are different for participants in HUD-VASH and are described in the Special Purpose Vouchers chapter.
Exceptions to Limitations on Family Moves
There are important exceptions on the PHA’s ability to restrict moves. PHAs must comply with all applicable Federal civil rights laws, and any limitations on family moves are subject to civil rights requirements and (VAWA) requirements. Three examples that may commonly arise in connection with family moves are discussed in this section.
3.2.1 Protections for Victims of Domestic Violence, Dating Violence, Sexual Assault or
Stalking A family may receive a voucher and move in violation of the lease if the family has complied with all other obligations of the voucher program and has moved out of the assisted dwelling unit in order to protect the health or safety of an individual who is, or has been, the victim of domestic v and who either reasonably believed he or she was threatened from further by remaining in the assisted dwelling unit or has been the victim of that occurred on the premises during the 90-calendar-day period preceding the family’s move or request to move.16
PHAs and owners may, but are not required to, ask for documentation when an individual presents a claim for VAWA protections. The PHA or owner is prohibited from requiring third-party documentation of victim status. If the PHA or owner chooses to request an individual to document their claim of domestic violence, dating violence, sexual assault, or stalking, the PHA or owner must make such request in writing and pursuant to the requirements outlined in 24 CFR 5.2007.
3.2.2 Reasonable Accommodation
See Section 9 Fair Housing and Equal Opportunity Requirements, and the Fair Housing Requirements chapter.
3.2.3 Harassment
Harassment in housing or housing-related transactions on the basis of race, color, religion, sex, disability, familial status, and national origin is prohibited under the Fair Housing Act. PHAs may not deny a family’s request to move when a family member is subject to harassment because of race, color, religion, sex, disability, familial status, or national origin that causes the family to vacate a dwelling.