HUD HCV Guidebook § 3.1.1
Mandatory Denial of a Family Request to Move (HUD HCV Guidebook)
Operative Text
PHAs must12 deny the move for applicants who are not income eligible in the receiving PHA’s jurisdiction. Moves must13 also be denied for families that have moved out of their assisted unit in violation of the lease, except as noted in Section 3.2 of this chapter.
Under HUD Housing Choice Voucher Guidebook § 3.1.1, public housing authorities (PHAs) are required to deny a family's request to move under two specific circumstances: when the family does not meet the income eligibility requirements of the receiving PHA's jurisdiction, or when the family has already vacated their assisted unit in violation of their lease. The second restriction carries an exception, which is addressed separately in Section 3.2 of the same chapter. These are mandatory denials, meaning the PHA has no discretion to approve the move when either condition is present.
Plain English — not legal advice.
Although § 3.1.1 of the HUD Housing Choice Voucher Guidebook primarily governs PHA administrative decisions, property owners participating in the Housing Choice Voucher program should be aware that a family's lease compliance directly affects their portability rights. Operators who document lease violations thoroughly create a clear record that PHAs rely upon when evaluating move requests. Understanding that unauthorized move-outs can trigger a mandatory denial under § 3.1.1 underscores the importance of maintaining accurate tenancy records throughout the assisted tenancy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 3.1.1 of the HUD Housing Choice Voucher Guidebook, a voucher holder's request to move to another jurisdiction can be denied if they do not qualify under that area's income limits or if they have left their current assisted unit in a way that violated their lease. Families who believe a denial was issued in error may wish to review the exception provisions outlined in Section 3.2 of the same chapter, and can generally request an informal hearing through their PHA to contest an adverse decision. Tenant-rights organizations familiar with HCV portability rules can help explain what options may be available when a move request is denied.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.