HUD HCV Guidebook § 4.2
Eligibility Determination (HUD HCV Guidebook)
Operative Text
Once a family informs the initial PHA of their desire to move under portability and where they want to move to, the initial PHA determines the family’s eligibility to move. 37 A family’s eligibility to move is determined in accordance with 24 CFR 982.353 and 24 CFR 982.354. See Section 3 for more information on denying family moves.
Under HUD Housing Choice Voucher Guidebook § 4.2, when a voucher-holding family notifies their original (initial) Public Housing Authority that they wish to relocate under the portability process, that initial PHA is responsible for assessing whether the family is eligible to make that move. The eligibility determination follows the standards set out in 24 CFR 982.353 and 24 CFR 982.354. The provision also cross-references Section 3 of the Guidebook for guidance on circumstances in which a move may be denied.
Plain English — not legal advice.
HUD Housing Choice Voucher Guidebook § 4.2 primarily governs the relationship between the family and the initial PHA, but property owners who accept Housing Choice Vouchers should be aware that a family's ability to port their voucher to a new unit depends on a formal eligibility determination made by that initial PHA. Operators managing units in receiving jurisdictions generally confirm with the receiving PHA that the portability process has been properly initiated and that eligibility has been established before proceeding with a tenancy. Familiarity with the standards in 24 CFR 982.353 and 24 CFR 982.354 can help landlords understand why a family's portability request may or may not be approved.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under HUD Housing Choice Voucher Guidebook § 4.2, if you hold a Housing Choice Voucher and wish to move to a new area, your initial PHA is the body that determines whether you are eligible to do so under the portability rules. The governing standards for that determination are found in 24 CFR 982.353 and 24 CFR 982.354, and Section 3 of the Guidebook addresses the circumstances under which a move can be denied. Tenants who believe an eligibility determination was made incorrectly may have options such as requesting an informal hearing through their PHA or reaching out to a local tenant-rights organization for general guidance on the process.
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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