24 C.F.R. § 982.312
§ 982.312 Absence from unit. (24 CFR Part 982)
Operative Text
(a) The family may be absent from the unit for brief periods. For longer absences, the PHA Administrative Plan establishes the PHA policy on how long the family may be absent from the assisted unit. However, the family may not be absent from the unit for a period of more than 180 consecutive calendar days in any circumstance, or for any reason. At its discretion, the PHA may allow absence for a lesser period in accordance with PHA policy. (b) Housing assistance payments terminate if the family is absent for longer than the maximum period permitted. The term of the HAP contract and assisted lease also terminate. (The owner must reimburse the PHA for any housing assistance payment for the period after the termination.) (c) Absence means that no member of the family is residing in the unit. (d)(1) The family must supply any information or certification requested by the PHA to verify that the family is residing in the unit, or relating to family absence from the unit. The family must cooperate with the PHA for this purpose. The family must promptly notify the PHA of absence from the unit, including any information requested on the purposes of family absences. (2) The PHA may adopt appropriate techniques to verify family occupancy or absence, including letters to the family at the unit, phone calls, visits or questions to the landlord or neighbors. (e) The PHA Administrative Plan must state the PHA policies on family absence from the dwelling unit. The PHA absence policy includes: (1) How the PHA determines whether or when the family may be absent, and for how long. For example, the PHA may establish policies on absences because of vacation, hospitalization or imprisonment; and (2) Any provision for resumption of assistance after an absence, including readmission or resumption of assistance to the family.
Under 24 CFR Part 982 § 982.312, a family participating in the Housing Choice Voucher program may leave their assisted unit temporarily, but no absence may exceed 180 consecutive calendar days under any circumstances. Each Public Housing Authority (PHA) sets its own policy—through its Administrative Plan—that may impose a shorter maximum absence period. If a family exceeds the permitted absence period, housing assistance payments (HAP) automatically terminate, and both the HAP contract and the assisted lease end as a result. 'Absence' is defined as no family member residing in the unit during that period.
Plain English — not legal advice.
Owners participating in the HCV program under 24 CFR Part 982 § 982.312 should be aware that housing assistance payments terminate automatically when a family's absence from the unit exceeds the maximum period allowed by the applicable PHA Administrative Plan—never more than 180 consecutive calendar days. Compliant operators generally monitor occupancy, respond to PHA inquiries about tenant presence, and understand that any HAP received after the termination date must be reimbursed to the PHA. Staying familiar with the local PHA's Administrative Plan helps owners understand the specific absence thresholds and any provisions for resumption of assistance that may apply in their jurisdiction.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 24 CFR Part 982 § 982.312, voucher holders have the right to be absent from their assisted unit for limited periods, with the absolute federal ceiling set at 180 consecutive calendar days, though the local PHA's Administrative Plan may set a shorter limit. Families are required to promptly notify the PHA of any absence and to cooperate with verification requests, which may include letters, phone calls, or visits. Tenants who believe their assistance was incorrectly terminated due to an absence determination may explore options such as raising the issue through the PHA's grievance process, contacting a local tenant-rights organization, or reviewing the PHA's Administrative Plan for any provisions allowing resumption of assistance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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