HUD HCV Guidebook § 2.1.1
Residency Requirements (HUD HCV Guidebook)
Operative Text
An applicant family must1 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.
1
24 CFR § 982.353(b)
2
24 CFR § 982.353(c)(2)(ii)
Moves and Portability 4
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 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.Under HUD Housing Choice Voucher Guidebook § 2.1.1, families whose head of household or spouse lived within a Public Housing Authority's (PHA) jurisdiction when they first applied for assistance generally have the right to use portability to move to another jurisdiction once admitted to the program. Families who were not residents of the PHA's jurisdiction at the time of initial application are restricted from using portability for the first 12 months after being admitted to the Housing Choice Voucher (HCV) program, though the initial PHA may grant exceptions. Residency is determined by the legal domicile of the household head or spouse at the time the application was submitted — not when the family reached the top of the waiting list — and is governed by applicable state and local law.
Plain English — not legal advice.
Under HUD Housing Choice Voucher Guidebook § 2.1.1, PHAs are responsible for setting and documenting residency verification policies in their administrative plans, which directly affects which voucher holders may exercise portability rights. Property owners and managers working with HCV participants should be aware that a family's portability eligibility depends on whether they were residents of the issuing PHA's jurisdiction at the time of their initial application, and that a HAP contract execution marks the transition from applicant to participant status. Operators accepting incoming portability transfers should confirm with the relevant PHA that all portability requirements, including any applicable 12-month residency restriction, have been satisfied before proceeding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HUD Housing Choice Voucher Guidebook § 2.1.1 establishes that families who were residents of the PHA's jurisdiction when they first applied generally have the right to move to another jurisdiction through portability, while non-resident applicants must typically wait 12 months after program admission before exercising that right. If a family believes they qualify for an exception — such as for employment-related needs — they may inquire with their initial PHA, which has discretion to allow portability moves during the 12-month period and must document any such exceptions in its administrative plan. Tenants who believe their portability rights have been incorrectly denied may consider contacting their local PHA for clarification, reaching out to a HUD-approved housing counseling agency, or consulting a tenant-rights organization familiar with the HCV program.
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 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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