HUD HCV Guidebook § 4.1

Providing the Family Information About Portability (HUD HCV Guidebook)

HUD guidance — not codified law
In Force
Verified 11/9/2026 · Next check 11/16/2026
effective 9/25/2026FederalSection 8 HCV

Operative Text

HUD HCV Guidebook § 4.1
At the initial voucher briefing, the PHA must31 provide families with information about where a family may
lease a unit, including information about portability, and must32 not discourage families from living anywhere
inside or outside of the PHA's jurisdiction unless otherwise expressly authorized by statute, regulation, PIH
Notice, or court order.
PHAs must33 provide an explanation of how portability works as part of both the oral briefing and the briefing
packet to all families, not just to those families who are eligible to move under portability. Also, PHAs must 34
explain to families who elect to move under portability how differences in the receiving PHA’s policies may
affect the family’s assistance through screening criteria, subsidy standards, payment standards and any other
elements of the portability process which may affect the family’s assistance. 35 For example, the receiving PHA

30
   PIH Notice 2016-09(7)(e)
31
   24 CFR § 982.301(a)(2); PIH Notice 2016-09(4)(a)
32
   24 CFR § 982.301(a)(2) and (b)(4)
33
   24 CFR § 982.301(a)(2) and (b)(4)
34
   PIH Notice 2016-09(4)(a)
35
   PIH Notice 2016-09(4)(a)

Moves and Portability                                                                                        10

might have more stringent policies related to screening for criminal backgrounds which may impact the
family’s assistance.36
PHAs are generally not required to research and provide families with specific receiving PHA policies. Instead,
the requirement is for initial PHAs to make the family aware that the receiving PHA’s policies may be different
and how that may impact the family’s assistance. Appendix B of PIH Notice 2016-09 provides a sample “How
Portability Works” handout.
PHAs may also want to communicate the possible advantages and some of the other challenges of portability,
such as:
        •   Portability provides flexibility for those who need to relocate with assistance to follow job
            opportunities, select the best school districts, or be near family members or child care providers.
            In this way, portability allows a family with housing subsidies the same choices available to others
            in their community.
        •   Families may also need to consider some of the possible difficulties they could encounter moving
            to a new location. A family who has vacated one unit before locating a new one could find a tight
            housing market with few available units and may end up with no assistance if the term of the
            portable voucher expires before the family locates a new home.
Source: Legislative text reproduced verbatim
Plain English

Under HUD Housing Choice Voucher Guidebook § 4.1, Public Housing Authorities (PHAs) are required to inform all voucher-holding families about portability — the ability to use their housing assistance in areas outside the issuing PHA's jurisdiction — at the initial briefing, both orally and in writing. PHAs must not discourage families from choosing where to live, and must explain that policies at a receiving PHA (such as screening criteria, payment standards, and subsidy standards) may differ from those of the original PHA. While PHAs are not obligated to research every receiving PHA's specific policies, they must make families aware that such differences exist and could affect their level of assistance.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 26, 2026

Plain English — not legal advice.

For Property Managers

HCV Guidebook § 4.1 primarily governs PHA conduct rather than landlord conduct, but property owners who participate in the Housing Choice Voucher program benefit from understanding portability rules. When a voucher-holding family expresses interest in moving to a new jurisdiction, operators should be aware that the family's assistance terms — including payment standards and subsidy levels — may shift based on the receiving PHA's policies. Landlords working with incoming portable-voucher holders can expect that the receiving PHA's screening and payment standards, not the original PHA's, will govern the tenancy going forward.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under HCV Guidebook § 4.1, families with Housing Choice Vouchers have a right to receive clear information about portability at their initial briefing, and PHAs are prohibited from discouraging families from living anywhere inside or outside the PHA's jurisdiction. If a family chooses to move under portability, the original PHA must explain how the receiving PHA's policies — such as criminal background screening criteria or payment standards — could affect the level of assistance received. Families who believe they were not properly informed about portability rights may raise this concern with their PHA directly, contact HUD's local field office, or reach out to a tenant-rights organization for general guidance on available options.

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

Current
Sep 25, 2026
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Related Rules

§ 888.113
§ 888.113 Fair market rents for existing housing: Methodology.
§ 888.115
§ 888.115 Fair market rents for existing housing: Manner of publication.
§ 0770-01-05-.05
CONFLICT OF INTEREST.

Source Information

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