HUD HCV Guidebook § 4.2.1

Applicant Family (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 § 4.2.1
An applicant family is a family that has not yet leased a unit in the initial PHA’s jurisdiction. For applicant
families, the initial PHA must38 determine the family’s HCV program eligibility, including whether the family is
income eligible in the area to which the family wishes to move. If the applicant family meets all HCV eligibility
criteria but is not income eligible in the area to which the family wishes to move, the PHA must39 inform the
applicant family that they may not move to that area with continued HCV assistance. But the family may lease
a unit in the initial PHA’s jurisdiction if the family is HCV eligible (including income eligible) in the initial PHA’s
jurisdiction.40
The receiving PHA’s income limits are used in determining income eligibility for applicants who wish to port.41
Initial PHA policies applicable to determination of family eligibility are used for all other eligibility criteria.42 See
24 CFR 982.201 for more information on eligibility criteria for the HCV program.

36
   PHAs must ensure that such requirements are consistent with Notice PIH 2015-19 (Nov. 2, 2015), Guidance for
Public Housing Agencies (PHAs) and Owners of Federally-Assisted Housing on Excluding the Use of Arrest Records
in Housing Decisions.
37
   PIH Notice 2016-09(9)(b)
38
   PIH Notice 2016-09(9)(a)
39
   PIH Notice 2016-09(9)(a)
40
   PIH Notice 2016-09(9)(a)
41
   24 CFR § 982.353(d)(3)
42
   24 CFR § 982.355(c)(1); PIH Notice 2016-09(9)(a)

Moves and Portability                                                                                          11
Source: Legislative text reproduced verbatim
Plain English

Under HUD Housing Choice Voucher Guidebook § 4.2.1, an applicant family is one that has not yet signed a lease in the initial Public Housing Authority's (PHA's) jurisdiction. Before any move can proceed, the initial PHA is required to assess whether the family meets all HCV eligibility requirements, including income eligibility specific to the area the family wants to move to. If the family qualifies for the HCV program overall but falls outside the income limits for the desired destination area, they cannot use their voucher to move there — though they may still lease a unit within the initial PHA's jurisdiction if they are eligible there. When a family wishes to port to another jurisdiction, the receiving PHA's income limits govern that income eligibility determination.

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

Plain English — not legal advice.

For Property Managers

As a property owner or manager participating in the HCV program, understanding § 4.2.1 helps clarify why some applicant families may be restricted in where they can lease. A compliant PHA will have already screened applicants for income eligibility relative to the jurisdiction before a family approaches a landlord in a new area, meaning families who reach out about a unit have generally cleared that threshold. Landlords operating in a receiving PHA's jurisdiction should be aware that the income limits applied to porting applicants are those of the receiving PHA, not the initial one, which can affect the pool of eligible voucher holders seeking units in that area.

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

For Tenants

Under HUD Housing Choice Voucher Guidebook § 4.2.1, if you are an applicant family hoping to use a voucher to move to a new area, your initial PHA is required to check whether you meet the income eligibility limits for that destination — not just for the program overall. If you are found ineligible for the area you want to move to, the PHA must notify you, and you would retain the option to lease within the initial PHA's jurisdiction if you qualify there. Tenants who believe an eligibility determination was made in error may consider raising the issue through the PHA's grievance process, contacting a local tenant-rights organization, or reaching out to HUD directly for guidance.

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
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

No inbound references recorded yet for this provision.

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

Snapshot SHA:
Fetched:Sep 25, 2026, 01:03 PM UTC