HUD HCV Guidebook § 9.1
Reasonable Accommodations in the Portability Context (HUD HCV Guidebook)
Operative Text
A reasonable accommodation may arise, for example, when a request to move is due to a disability of a family
member. This provision applies even if a family might otherwise be restricted from moving (e.g., under a “one
move per year” policy or because of insufficient funding). The reasonable accommodation determination is
made on a case-by-case basis.
In cases where the limitation on portability is a discretionary policy of the PHA, the PHA must 107 grant the
accommodation unless doing so would impose an undue financial and administrative burden to the PHA.
There must be a nexus between the person’s disability and the reasonable accommodation requested.
104
24 CFR § 982.355(c)(3)
105
24 CFR § 5.230(c); PIH Notice 2016-09(8)
106
24 CFR § 8.33; PIH Notice 2016-09 (3)(a)
107
24 CFR § 8.33; PIH Notice 2016-09 (3)(a)
Moves and Portability 29
If portability is not allowed by regulation, the PHA must108 first assess whether the requested accommodation
would impose an undue financial and administrative burden. If this assessment confirms no undue burden,
the PHA must109 request a waiver of the regulatory provision from HUD.
Note: With respect to voucher extensions, both receiving and initial PHAs need to consider that individuals
with
Example: PHA Reasonable Accommodation Policy
The PHA has a policy that allows only one move per year. A qualified family
has requested a reasonable accommodation to move for a second time
during a one-year period. The PHA will have to allow the move as a
reasonable accommodation if allowing such a move would not impose an
undue financial and administrative burden on the PHA.
disabilities and families that include a member with a disability may require additional time to locate a
suitable unit and may also request an extension as a reasonable accommodation. Other examples of when
reasonable accommodation requests could arise include requesting that specific receiving PHA policies are
provided to the family under the explanation of how portability works, requesting additional details about a
receiving PHA when selecting the receiving PHA, and requesting a larger unit size.Under HUD Housing Choice Voucher Guidebook § 9.1, Housing Choice Voucher families who have a member with a disability may request a reasonable accommodation that allows them to move even when standard portability restrictions—such as a one-move-per-year policy—would otherwise apply. Any such request must have a direct connection between the disability and the accommodation being sought, and each case is evaluated individually. When a regulatory barrier (rather than a discretionary policy) stands in the way, the Public Housing Authority (PHA) is required to assess whether granting the accommodation would impose an undue financial or administrative burden, and if not, must seek a waiver from HUD.
Plain English — not legal advice.
As a Housing Choice Voucher program participant or property owner working with PHAs, it is useful to understand that under § 9.1, PHAs are generally required to grant portability-related reasonable accommodation requests tied to a family member's disability unless doing so creates an undue financial or administrative burden. Compliant PHAs document each request on a case-by-case basis, verify the nexus between the disability and the requested accommodation, and—when a regulatory restriction applies—initiate a waiver request to HUD if no undue burden is found. Operators and managers who interact with voucher holders benefit from familiarity with this framework, as it can affect unit availability timelines and receiving PHA coordination.
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 § 9.1, voucher holders who have a family member with a disability have the right to request a reasonable accommodation to move, even if a PHA policy such as a one-move-per-year rule would normally prevent it. To pursue this, a family generally submits a written reasonable accommodation request to their PHA explaining the connection between the disability and the need to move; the PHA must then evaluate the request individually and cannot deny it solely based on a discretionary policy unless an undue burden can be demonstrated. Tenants who believe their request has been improperly denied may consider contacting a local tenant-rights organization, filing a complaint with HUD, or consulting a housing attorney familiar with fair housing law.
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.