HUD PIH Notice § 2016-09
Housing Choice Voucher (HCV) Family Moves with Continued Assistance, Family Briefings, and Voucher Suspension (HUD PIH Notices)
HUD guidance — not codified law
In Force
Verified 10/14/2026 · Next check 10/21/2026
effective 10/6/2026FederalAffordable Housing ProgramsOperative Text
HUD PIH Notice § 2016-09
U.S. Department of Housing and Urban Development Public and Indian Housing
Special Attention of: Notice PIH 2016 – 09 (HA)
Directors of HUD Regional and Field Issued: June 06, 2016
Offices of Public Housing; PIH Program Center Expires: This Notice remains effective until
Coordinators; Public Housing Agencies (PHAs) amended, superseded, or rescinded
Administering Housing Choice Voucher Programs
Cross References:
HUD PIH Notices: 2015-6; 2012-42;
2012-4; 2011-65; 2011-3; 2008-43;
2007-5; 2004-12
Subject: Housing Choice Voucher (HCV) Family Moves with Continued Assistance,
Family Briefing, and Voucher Term’s Suspension.
Table of Contents
1. Purpose ............................................................................................................................................... 4
2. Background ........................................................................................................................................ 4
3. Fair Housing and Equal Opportunity Requirements .......................................................................... 5
a. Reasonable Accommodations ...................................................................................................... 6
b. Limited English Proficiency and Effective Communication with Individuals with Disabilities . 7
4. Family Briefing ................................................................................................................................. 8
a. How Portability Works ................................................................................................................ 8
b. Advantages of Moving to Areas with Low Concentrations of Low Income Families ................ 9
c. Information on Selecting a Unit ................................................................................................. 10
d. Voucher Term ............................................................................................................................ 10
e. List of Landlords or Other Resources ........................................................................................ 10
5. Suspension of the Term of the Voucher .......................................................................................... 13
6. Denying Family Requests to Move ................................................................................................. 13
a. Mandatory Denial of a Family Request to Move ....................................................................... 13
b. Discretionary Denial of a Family Request to Move ................................................................. 13
c. Violence Against Women Act ................................................................................................... 14
7. Denying Family Requests to Move - Insufficient Funding .............................................................. 15
a. When a PHA May Deny a Move Due to Insufficient Funding .................................................. 16
b. Notifying the Local PIH Field Office ........................................................................................ 17
c. Determining Whether There is Sufficient Funding .................................................................... 17
d. PHA Policies Addressing Denial of Family Moves For Insufficient Funding .......................... 18
e. Improper Denial of Requests to Move ....................................................................................... 18
8. Portability – Use of Email or Other Delivery Confirmation Method ............................................. 19
9. Portability - Initial PHA Processing Responsibilities...................................................................... 19
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a. Determining HCV Program Eligibility of Applicant Families Requesting to Port .................... 19
b. Determining Eligibility to Move ................................................................................................ 20
c. Selecting the Receiving PHA ..................................................................................................... 20
d. Contacting the Receiving PHA .................................................................................................. 21
e. Voucher Issuance ....................................................................................................................... 21
f. Advising the Family How to Contact the Receiving PHA .......................................................... 21
g. Notifying the Receiving PHA .................................................................................................... 22
h. Providing the Portability Information ........................................................................................ 22
i. Special Purpose Vouchers .......................................................................................................... 22
10. Portability - Receiving PHA Processing Responsibilities .............................................................. 23
a. Requirement to Administer Assistance ...................................................................................... 23
b. Denial or Termination of Assistance ......................................................................................... 24
c. Responding to the Initial PHA ................................................................................................... 25
d. Expired Initial PHA Voucher..................................................................................................... 25
e. Determining the Unit Size .......................................................................................................... 26
f. Voucher Issuance........................................................................................................................ 26
g. Voucher Extensions ................................................................................................................... 27
h. Reexaminations .......................................................................................................................... 27
i. Family Decides Not to Lease in the Receiving PHA's Jurisdiction ............................................ 28
j. Notifying the Initial PHA ........................................................................................................... 28
k. Absorption of the Ported Voucher ............................................................................................. 28
11. Portability - Receiving PHA Ongoing Responsibilities ................................................................. 29
a. Special Purpose Vouchers .......................................................................................................... 29
b. Updated Form HUD-50058 ....................................................................................................... 29
c. Failure to Send the Updated Form HUD-50058 ........................................................................ 30
d. Family Decides to Port to Another Jurisdiction ......................................................................... 31
12. Portability - Administrative Fees.................................................................................................... 31
13. Portability - Summary of Portability Billing Deadlines ................................................................. 33
14. Portability - Billing the Initial PHA ............................................................................................... 34
a. Form HUD-52665 ...................................................................................................................... 34
b. Initial Billing Deadline .............................................................................................................. 34
c. Late Initial Billings .................................................................................................................... 35
d. Mid-month Moves ..................................................................................................................... 35
e. Changes in the Billing Amount .................................................................................................. 36
15. Portability - Billing Payments ........................................................................................................ 37
a. Initial and Subsequent Billing Payments ................................................................................... 37
b. Transfer of Units and Funding as a Result of Late Payments .................................................... 37
16. Portability - Terminating a Billing Arrangement ........................................................................... 39
a. Notifying the Initial PHA ........................................................................................................... 39
b. Retroactive Absorption .............................................................................................................. 39
c. Receipt of Payments for Billing Arrangements No Longer in Effect ........................................ 40
17. Portability and Project-based Assistance....................................................................................... 41
18. PIC Data Entry ............................................................................................................................... 41
a. Type of Action - Line 2a ............................................................................................................ 41
b. Effective Date of Action - Line 2b............................................................................................. 43
c. Did family move into your jurisdiction under portability - Line 12d ........................................ 43
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d. PHA Code Billed - Line 12f ...................................................................................................... 43
e. Projected Effective Date of Next Reexamination - Line 12i...................................................... 43
19. Moving to Work Agencies ............................................................................................................ 44
20. Paperwork Reduction Act.............................................................................................................. 44
21. Further Information ....................................................................................................................... 44
Appendix A .......................................................................................................................................... 45
Appendix B........................................................................................................................................... 47
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1. Purpose. This notice updates previous guidance relating to family moves with
continued assistance and incorporates other related changes resulting from publication of the
rule “Housing Choice Voucher Program: Streamlining the Portability Process” (hereafter
portability rule) (80 FR 50564, published in the Federal Register on August 20, 2015). On
September 2, 2015, a technical correction to the portability rule was published in the Federal
Register. The technical correction (80 FR 52619) incorporates two provisions that were
addressed in the preamble but were inadvertently omitted from the regulatory text. The two
provisions include the requirement to provide as part of both the oral briefing and the
information packet: (1) an explanation of the advantages of areas with low concentrations of
low income families and (2) any information on selecting a unit that HUD makes available.
You may find a side-by-side comparison of previous and new regulatory requirements here:
http://portal.hud.gov/hudportal/documents/huddoc?id=Comparportrulechanges.pdf.
Specifically, this notice provides guidance on PHA administrative responsibilities related to
family moves with continued assistance both inside and outside the PHA’s jurisdiction.
Additionally, this notice provides guidance on family briefings (24 CFR § 982.301) and
suspension of the voucher term (24 CFR § 982.303).
PHAs are reminded that documentation demonstrating compliance with the requirements of this
notice and regulation must be kept on file. HUD may request this documentation at any time.
2. Background. One of the key features of the HCV program is the mobility of the
assistance. Regulations at 24 CFR § 982.353 provide that HCV participants may choose a unit
that meets program requirements anywhere in the United States, provided that a PHA
administering the tenant-based program has jurisdiction over the area in which the unit is
located. Moves with continued assistance can occur both inside and outside of the PHA’s
jurisdiction. The term “portability” refers to the process of leasing a dwelling unit1 with tenant-
1
The term portability also refers to cases where families participating in the voucher homeownership option purchase units
outside of the initial PHA’s jurisdiction. See §982.636.
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based HCV assistance outside of the jurisdiction of the PHA that initially issues the family its
voucher (the initial PHA). The PHA that receives the family that has ported from the initial
PHA’s jurisdiction is called the receiving PHA. When a family moves under portability, the
receiving PHA may choose to absorb the family into its own program or bill the initial PHA.
Program regulations covering moves with continued tenant-based assistance, where a family may
move, and the responsibilities of the initial PHA and the receiving PHA are found at 24 CFR §§
982.353 through 982.355. The following sections provide detailed guidance on the portability
process and present changes made in regulation as a result of publication of the final portability
rule. Regulatory changes on suspension of the term of the voucher and family briefings are also
presented below.
3. Fair Housing and Equal Opportunity Requirements. PHAs must administer their
HCV program in compliance with all applicable fair housing and other civil rights requirements,
including the authorities cited at 24 CFR § 5.105(a). This includes, but is not limited to, the Fair
Housing Act, Title VI of the Civil Rights Act, Section 504 of the Rehabilitation Act, titles II or
III of the Americans with Disabilities Act, and HUD’s Equal Access Rule. The PHA must also
affirmatively further fair housing in accordance with its certification pursuant to 24 CFR §
903.7(o). If the PHA has completed an Assessment of Fair Housing conducted in accordance
with the requirements of the Affirmatively Furthering Fair Housing rule at 24 CFR §§ 5.150-
5.180, the PHA must certify that it will affirmatively further fair housing in accordance with
2015 revisions to 24 CFR 903.7(o) made by the AFFH final rule at 80 FR 42272-42371 (July 16,
2015). Under the July 16, 2015 revision, the PHA’s certification that it will affirmatively further
fair housing requires that it will (1) take meaningful actions to further the goals identified in its
AFH, (2) that it will take no action that is materially inconsistent with its obligation to
affirmatively further fair housing, and (3) that it will address fair housing issues and contributing
factors in its programs, in accordance with 24 CFR 903.7(o)(3). If the PHA has not yet
completed an Assessment of Fair Housing, the PHA must affirmatively further fair housing in
accordance with its certification pursuant to 24 CFR 903.7(o) as implemented prior to July 16,
2015. See 24 CFR 5.151, 5.160(a)(3). Under this version of 24 CFR 903.7(o) that existed before
July 16, 2015, a PHA must certify that it will affirmatively further fair housing by (1) examining
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its programs or proposed programs, (2) identifying any impediments to fair housing choice
within those programs, (3) addresses those impediments in a reasonable fashion in view of the
resources available, (4) works with local jurisdictions to implement any of the jurisdiction’s
initiatives to affirmatively further fair housing that require the PHA’s involvement, and (5)
maintains records reflecting these analyses and actions, with some limited exceptions found in 24
CFR 903.2(b)(2). Affirmatively furthering fair housing under either scenario includes helping
families use their vouchers to move from segregated to integrated areas, from racially or
ethnically concentrated areas of poverty (R/ECAPs), and from areas with disparities in access to
opportunity within its jurisdiction and through portability moves outside of the jurisdiction. See
24 CFR 982.53 for the equal opportunity requirements for the HCV program.
Questions relating to fair housing and equal opportunity requirements should be addressed to
your local HUD fair housing office. You may find HUD’s Office of Fair Housing and Equal
Opportunity directory at the following address:
http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/fheodir.
a. Reasonable Accommodations. Notwithstanding any other provision of this notice,
PHAs must consider requests for reasonable accommodations that are necessary for a qualified
individual with a disability to benefit from the program (in accordance with the Fair Housing
Act, Section 504 of the Rehabilitation Act, title II of the Americans with Disabilities Act and
HUD’s implementing regulations at 24 CFR 100.204, 24 CFR 8.33, and 28 CFR 35.130). An
individual with a disability can request a reasonable accommodation to any rules, policies,
practices or services at any time. This 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
grant the accommodation unless doing so would impose an undue financial and administrative
burden to the PHA. In cases where the limitation on portability is compelled by regulation, the
PHA must first assess whether the requested accommodation would impose an undue financial
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and administrative burden. If this assessment confirms no undue burden, the PHA must request
a waiver of the regulatory provision from HUD.
In cases where a PHA determines it has insufficient funding to allow a move (provided that all of
the requirements of section 7 of this notice are met) the PHA must consider a request for a
reasonable accommodation, but may, where the individual facts warrant, determine that allowing
the move would pose an undue financial and administrative burden to the PHA. Such
determination is subject to review by the local HUD office, as well as by the HUD Office of Fair
Housing and Equal Opportunity in the event a complaint is filed alleging a failure to grant a
reasonable accommodation.
With respect to voucher extensions of time, both receiving and initial PHAs should consider that
individuals with disabilities and families that include a member with a disability may require
additional time to locate a suitable unit. Such households may also request an extension of time
as a reasonable accommodation. Reasonable accommodation requests could also be made in the
following areas: 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.
b. Limited English Proficiency (LEP) and Effective Communication with Individuals
with Disabilities. In communications and making written information available to families
(including Appendix B below), PHAs must ensure that such information is available in
appropriate languages to ensure access for persons with LEP. See HUD’s LEP guidance at
http://www.lep.gov/guidance/HUD_guidance_Jan07.pdf. For further information regarding LEP
requirements, see www.lep.gov.
PHAs must also ensure that communications and materials are provided in a manner that is
effective for persons with hearing, visual, and other communication-related disabilities consistent
with Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and their
implementing regulations. PHAs must provide appropriate auxiliary aids and services necessary
to ensure effective communication, which includes ensuring that information is provided in
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appropriate accessible formats as needed, e.g., Braille, audio, large type, assistive listening
devices, and sign language interpreters. See Section 504 requirements regarding effective
communication requirements for persons with disabilities in 24 CFR 8.6 and ADA Title II
requirements at 28 CFR Part 35, Subpart D. In addition, for more information regarding
effective communication requirements under the ADA, which are similar to the requirements
under Section 504, see the U.S. Department of Justice’s Effective Communication guidance at
http://www.ada.gov/effective-comm.htm.
4. Family Briefing. When a family is first selected to participate in the HCV program,
regulations require that the PHA give the family an oral briefing and an information packet,
which include information on a specific set of subjects listed in regulation. The following
paragraphs focus only on changes to the required contents of family briefings resulting from
publication of the final portability rule. The full list of required oral briefing subjects can be
found at 24 CFR § 982.301(a), and the full list of required briefing packet subjects at 24 CFR §
982.301(b). PHAs must make any necessary revisions to their current materials and to the
delivery of the oral briefing to comply with the changes described below.
a. How Portability Works. Regulations require that an explanation of how portability
works is provided 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 explain to
families who elect to move under portability how differences in the receiving PHA 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. For
example, the receiving PHA might have more stringent policies related to screening for criminal
backgrounds which may impact the family’s assistance.
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.
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See Appendix B for a sample “how portability works” handout. This is meant to serve as a tool
that may be used by PHAs in meeting this requirement. PHAs are not required to use Appendix
B.
b. Advantages of Moving to Areas with Low Concentrations of Low Income Families.
HCV regulations now require that an explanation of the advantages of moving to an area that
does not have a high concentration of low income families be provided to all families, not just to
families currently living in high-poverty census tracts. This explanation is to be provided as part
of the oral briefing and the information packet. PHAs no longer need to identify whether a
family lives in a high-poverty census. For purposes of this section, PHAs may follow HUD’s
definition of Concentrated Areas of Poverty under the AFFH Tables and Mapping Tool (see
section 4.e below for the definition).
PHAs may use research that shows positive outcomes on voucher families who move to low-
poverty areas, to prepare materials and in delivering information on the advantages of moving to
areas with low concentration of low income families. For example, research has shown that
moving to areas of low-poverty concentration has strong positive physical and mental health
effects. Research has also shown that those families who lived in low-poverty neighborhoods for
a longer period had an increased likelihood of finding employment and having higher incomes,
and their children also had higher scores in school and were more likely to enroll in college.
The following research papers/reports include some of the resources available to PHAs:
(1) “The Impacts of Neighborhoods on Intergenerational Mobility: Childhood Exposure
Effects and County-Level Estimates” (Raj Chetty and Nathaniel Hendren, 2015) and “The
Effects of Exposure to Better Neighborhoods on Children: New Evidence from the Moving to
Opportunity Experiment” (Raj Chetty, Nathaniel Hendren, and Lawrence Katz, 2015): these
studies show how neighborhoods affect upward mobility of low-income children and find
that every year of exposure to a better environment improves a child’s chances of success.
http://www.equality-of-opportunity.org/index.php/executive-summaries.
(2) “Benefits of Living in High-Opportunity Neighborhoods” (Urban Institute, 2012): this
brief analyzes and discusses findings from HUD’s Moving to Opportunity (MTO)
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demonstration. http://www.urban.org/research/publication/benefits-living-high-opportunity-
neighborhoods.
(3) HUD’s MTO demonstration: tested the long-term benefits of helping poor families move
from severely distressed housing projects to low-poverty neighborhoods.
http://www.huduser.org/publications/pdf/MTOFHD_fullreport_v2.pdf.
c. Information on Selecting a Unit. Regulations require that any information that HUD
makes available on how to select a unit is provided as part of the oral briefing and the briefing
packet. Besides the HUD brochure “A Good Place to Live” there is currently no other HUD
provided information on this topic. HUD will notify PHAs if such information is made available
in the future.
d. Voucher Term. In previous regulation, the PHA was required to explain (as part of the
briefing packet) the term of the voucher, and the PHA’s policies on extension or suspension of
the voucher term. The PHA is still required to include information in the briefing packet about
the term of the voucher, extensions, and voucher suspension. However, the information on
voucher suspension must no longer be presented as a PHA policy because current regulation
mandates voucher suspension. Instead, the briefing packet must be revised to explain how
voucher suspension works under current regulation.
e. List of Landlords or Other Resources. Regulations require that a list of landlords
known to the PHA who may be willing to lease a unit to the family, or other resources known to
the PHA that may assist a family in locating a unit, is provided to families as part of the briefing
packet. Generally, this list may include only resources, or only landlords, or both.
PHAs whose jurisdiction includes areas of poverty or minority concentration must ensure that
the list covers areas outside of poverty or minority concentration. To meet this requirement,
PHAs must do the following:
(1) Conduct outreach to landlords within the PHA’s jurisdiction with properties outside areas
of minority or poverty concentration, so as to develop relationships with such landlords,
10
market the advantages of participating in the HCV program (e.g., the PHA guarantees a
portion of the rent), and increase their interest in participating in the program.
(2) Include resources that will assist voucher holders in finding units outside areas of
minority or poverty concentration, as part of the list. A list of resources is below.
Consistent with their obligations to affirmatively further fair housing, PHAs are expected to
ensure that the list also covers areas outside of R/ECAPs, integrated areas, and areas providing
access to opportunity. PHAs may conduct the activities described above in taking steps to ensure
that the list covers these areas.
Data/Mapping Tools: PHAs have two options for determining whether an area is a poverty or
minority concentrated area:
(1) HUD’s Data and Mapping Tool provides maps and tables at the jurisdictional (CDBG,
HOME, and ESG jurisdictions) and regional level. PHAs can select the CBDG
jurisdiction(s) that best approximates the PHA’s jurisdiction for the HCV program and
produce maps that show where HCV participants are living and how that relates to
poverty or minority concentration in the community, R/ECAPs, the location of other
assisted housing, segregated and integrated areas, and access to proficient schools, jobs,
and transportation. The maps show the census tracts boundaries within a given
jurisdiction and highlights those census tracts within a jurisdiction or region that are
R/ECAPs. PHAs may overlay neighborhood maps of their jurisdictions to see how the
tract boundaries overlap with neighborhoods in the community. HUD’s AFFH Data and
Mapping Tool and User Guide can be found on HUD’s website at the following address:
https://www.hudexchange.info/resource/4867/affh-data-and-mapping-tool/.
(2) The Federal Financial Institutions Examination Council's (FFIEC) Geocoding/Mapping
System (https://geomap.ffiec.gov/FFIECGeocMap/GeocodeMap1.aspx) provides
information for specific addresses on MSA median family income, census tract median
family income, tract percentage below the poverty line, tract minority population, tract
minority percentage, and related topics.
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Definition of R/ECAPs: HUD’s AFFH Data and Mapping Tool defines R/ECAPs as2:
(1) Tracts with a non-white population of 50% or more (20% or more for non-metro areas),
and
(2) Tracts with a poverty rate of more than 40% or at least 3 times the average tract poverty
rate for the metropolitan/micropolitan area, whichever is lower.
Resources: Resources that may assist voucher holders in finding units outside areas of minority
or poverty concentration include, but are not limited to:
(1) Information on how to use Zillow, Craigslist, and other search tools used by mainstream
renters.
(2) Mobility counseling resources, either managed by the PHA or by another organization
such as a HUD-assisted housing counseling agency. A list of HUD approved housing
counseling agencies, searchable by whether they provide mobility and relocation
counseling, can be found at
http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm?weblistaction=summary.
These same resources may also be used to assist voucher holders in finding units outside
R/ECAPs, segregated areas, and areas with disparities in access to opportunity.
Questions about which areas the list must cover to meet fair housing requirements should be
addressed to your local HUD fair housing office. You may find HUD’s Office of Fair Housing
and Equal Opportunity directory at the following address:
http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/fheodir.
2
More information can be found at the following address:
https://www.huduser.gov/portal/sites/default/files/docs/AFFH_Data_Documentation_12_31_2015.docx.
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5. Suspension of the Term of the Voucher. During the initial or extended term of the
voucher, the family is required to submit a Request for Tenancy Approval (Form HUD-52517).
The term of the voucher is suspended starting when the Request for Tenancy Approval is
submitted to the PHA until the PHA notifies the family in writing whether the assisted tenancy
has been approved or denied. This provision applies to all families who are leasing a unit (not
just to families under portability). Suspension applies even if a family that submits a Request for
Tenancy Approval decides to cancel such request. In such cases, the suspension ends when the
PHA learns of the cancellation. Under portability procedures, the requirement to suspend the
term of the voucher applies to the receiving PHA only. See section 14.b below for more
information on the impact of suspension on the initial billing deadline.
6. Denying Family Requests to Move. This section outlines the process for denying a
family’s request to move, including when the PHA may deny a family’s request to move, when
the PHA must deny the family’s request to move, and Violence Against Women Act (VAWA)
requirements. See section 7 below for additional details on denying families’ request to move
due to insufficient funding.
a. Mandatory Denial of a Family Request to Move. PHAs must deny the move for
applicants who are not income eligible in the receiving PHA’s jurisdiction. Moves must also be
denied for families that have moved out of their assisted unit in violation of the lease. See
Section 6.c below for exceptions under VAWA.
b. Discretionary Denial of a Family Request to Move. PHAs may deny a family’s
request to move under the following program regulations:
(1) The family’s action or failure to act as described in 24 CFR § 982.552 or 982.553.
(2) The request to move does not comply with the PHA’s policies on the timing and
frequency of moves in accordance with 24 CFR § 982.354(c)(2). These policies include
prohibiting any move by the family within the initial lease term and prohibiting more
than one move by the family during any one-year period. A PHA must not establish a
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policy that restricts families from moving only at the time of their annual reexamination.
These policies must be consistent with applicable civil rights laws and regulations. See
section 3 above.
(3) The PHA has insufficient funding for continued assistance in accordance with 24 CFR §
982.354(e)(1). See section 7 below for more information.
(4) The family is a non-resident applicant and is requesting to port. Nonresident applicants
have no right to move under portability for 12 months from the time the family is
admitted to the HCV program. See 24 CFR § 982.353(c) for the definition of non-
resident applicant and other provisions. Initial PHAs may allow the move before the end
of this 12 month period.
c. Violence Against Women Act (VAWA). As previously noted in HUD Notice PIH
2007-5, the Violence Against Women and Justice Department Reauthorization Act 2005
(VAWA 2005) amended section 8(r) of the U.S. Housing Act to provide an exception to the
prohibition against a family moving in violation of the lease. VAWA 2005 provides that the
family may receive a voucher and move in violation of the lease if the family has complied with
all other obligations of the voucher program and has moved out of the assisted dwelling unit in
order to protect the health or safety of an individual who is, or has been, the victim of domestic
violence, dating violence, or stalking and who reasonably believed he or she was imminently
threatened by harm from further violence if he or she remained in the assisted dwelling unit. The
final rule, HUD Programs, VAWA Conforming Amendments, was published in the Federal
Register on October 27, 2010. The Violence Against Women Reauthorization Act of 2013
(VAWA 2013) expanded protections to victims of sexual assault. More information on these
expanded protections can be found in the “VAWA 2013: Overview of Applicability to HUD
Programs” Federal Register Notice, 78 FR 47717, August 6, 2013.
If the circumstances described above exist, the PHA may allow a family to move if the only basis
for the denial is that the family is violating the lease agreement. The PHA may request that the
family (victim) document or provide written evidence to demonstrate that the violence occurred.
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The family has the option of either submitting the HUD-approved certification form (Form HUD-
500663) OR third-party documentation, such as:
(1) A record of a Federal, State, tribal, territorial, or local law enforcement agency (e.g. police),
court, or administrative agency; or
(2) Documentation signed by the victim and signed by an employee, agent or volunteer of a
victim service provider, an attorney, a medical professional, or a mental health professional
from whom the victim has sought assistance relating to domestic violence, dating violence,
sexual assault, or stalking, or the effects of abuse, in which the professional attests under
penalty of perjury (28 U.S.C. 1746) that he or she believes that the incident of domestic
violence, dating violence, sexual assault, or stalking is grounds for protection under 24
CFR part 5, subpart L.
7. Denying Family Requests to Move - Insufficient Funding. This section outlines when
PHAs may deny moves due to insufficient funding, and describes the steps PHAs must take to
deny moves for this reason, including notifying the local PIH field office, establishing policies
that address denial of family moves due to insufficient funding, and consequences for improper
denial of requests to move due to insufficient funding. This section also provides guidance for
how PHAs determine and document the determination of insufficient funding.
If a PHA approves a family’s request to move and then subsequently experiences a funding
shortfall, the PHA may only rescind the voucher if the family would be allowed to remain in its
current unit. If the family cannot remain in the unit (e.g. family has already vacated the unit or
family has already notified the owner of their intent to vacate and the owner has re-let the unit to
another family) the PHA must not rescind the voucher. The family must be allowed to lease a
new unit. This requirement applies to moves within the PHA’s jurisdiction and to portability
moves.
3
Note that Form HUD-50066 is subject to change as a result of publication of the VAWA 2013 Final Rule.
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An initial PHA may not terminate a portability voucher under a billing arrangement with a
receiving PHA for insufficient funding because the initial PHA is not a party to the HAP
contract. Initial PHAs may not impose a cap on the amount of HAP they will pay for a family
that has moved under portability.
a. When a PHA May Deny a Move Due to Insufficient Funding. A PHA may only deny
a request to move due to insufficient funding if all of the following applies:
(1) The move is to a higher cost unit (for moves within the PHA’s jurisdiction) or to a higher
cost area (for portability moves). See definitions below.
(2) The receiving PHA is not absorbing the voucher (applicable only to portability moves).
(3) The PHA would be unable to avoid termination of current participants during the
calendar year in order to remain within its budgetary allocation (including any available
HAP reserves) for housing assistance payments.
Higher cost unit: is defined as a unit which requires a higher subsidy amount due to an increase
in the gross rent for the new unit. A PHA may not deny requests to move due to insufficient
funding if the subsidy for the new unit is equal to or less than the current subsidy being paid for
the family.
Higher cost area: is defined as an area where the PHA would have to pay a higher subsidy
amount due to higher payment standards or more generous subsidy standards of the receiving
PHA (e.g. the receiving PHA issues a 3-bedroom voucher to a family that received a 2-bedroom
voucher from the initial PHA). A PHA may not deny requests to move due to insufficient
funding if the area the family has selected is not a higher cost area.
A PHA may not deny a family request to move under portability if the receiving PHA has
confirmed that they will absorb the family into their program. In such cases, the initial PHA has
no grounds to deny the portability move under 24 CFR § 982.354(e)(1).
The PHA must not deny the move for families moving within the PHA’s jurisdiction (even if the
new unit is a higher cost unit) if the family must move from their current unit (e.g. the unit failed
16
HQS, the owner failed to renew the lease, etc.). If the family is moving under portability, the
PHA may deny the move under these circumstances if the family is moving to a higher cost area
under portability and the receiving PHA is not absorbing the family into their program.
A PHA may not deny a family’s request to move due to insufficient funding because it wishes to
admit additional families from its waiting list into its voucher program, regardless of whether it
has unit months available to do so. If the PHA denies a family’s request to move, it may not
subsequently admit families from its waiting list to its HCV program until families with open
requests to move (based on PHA policy) are processed. See section 7.d below for more
information on PHA policies addressing denial of family moves for insufficient funding.
b. Notifying the Local PIH Field Office. The PHA is required by regulation to provide
written notification to the local PIH field office within 10 business days of the date on which the
PHA determines it is necessary to deny family moves due to insufficient funding. Only one
notification per calendar year is required and it must include the following:
(1) A financial analysis that demonstrates insufficient funds are projected to meet the current
calendar year projection of expenses. See section 7.c below for more information.
(2) A statement certifying the PHA has ceased issuing vouchers and will not admit families
from their waiting list while the limitation on moves is in place.
(3) A copy of the PHA’s policy stating how the PHA will address families who have been
denied moves. The requirements of the policy are described in section 7.d below.
PHAs do not need prior HUD approval to deny a family move for insufficient funding, subject to
section 7.e below.
c. Determining Whether There Is Sufficient Funding. In projecting whether there is
sufficient funding available for the remainder of the calendar year, PHAs may make reasonable
estimates to factor in conditions such as pending rent increases that would affect the subsidy and
the attrition rate for families leaving the program. PHAs may not include projected costs for
vouchers issued to families from the waiting list but not yet leased as part of this analysis.
Vouchers issued to those on the waiting list cannot be considered an expense for purposes of
17
determining whether to deny a move due to insufficient funding until such time that HAP contracts
are executed and the PHA is legally obligated to make HAP payments. The initial PHA may
consider any reported changes in the family’s income or composition that may result in a
decreased subsidy amount.
A two-year forecasting tool is available on HUD’s website at the following address:
http://www.hud.gov/offices/pih/programs/hcv. This tool is designed to assist PHAs in
determining if sufficient funding is available to support a move and is helpful in demonstrating
the PHA’s determination that sufficient funding is not available. PHAs are not required to use
this tool and may choose to use other tools of their own.
d. PHA Policies Addressing Denial of Family Moves For Insufficient Funding. The
PHA must establish policies in its Administrative Plan that state how the PHA will address
families whose request to move are denied due to insufficient funding once the PHA determines
funds are available for those moves. At a minimum, the PHA policy must address:
(1) How the PHA will inform families of the PHA’s local policy regarding moves denied due
to insufficient funding (e.g. information contained in briefing packets or in a letter to the
tenant at the time the move is denied).
(2) How long the family’s request to move will be open for consideration.
(3) How the PHA will notify families with open requests when funds become available
(which should be no later than January 1st of the following calendar year).
e. Improper Denial of Requests to Move. If HUD determines that the PHA lacks grounds
to deny moves due to insufficient funding, the PHA must immediately inform any affected
family and immediately process the family’s request to move, regardless of PHA policies as
described in section 7.d above. HUD may impose sanctions on PHAs that improperly deny a
family’s request to move due to insufficient funding. Such sanctions may include a reduction of
the PHA’s administrative fee of up to 10 percent for the two quarters following the quarter that
HUD identified the improper denial. The reduction would be applied to the PHA’s prorated
administrative fee (assuming that a pro-ration factor applies to the PHA administrative fees
18
during this period). HUD will consider the circumstances of the particular case in making this
determination. Should HUD determine to apply such sanction, the PIH field office with
jurisdiction over the PHA will inform the PHA by letter and will send a copy to HUD’s HCV
FMC and HCV FMD to implement the administrative fee reduction. The general policy
described in the preceding paragraph in no way restricts HUD from exercising additional
remedial actions or imposing sanctions for PHAs that have improperly denied families’ request
to move due to insufficient funding.
8. Portability – Use of Email or Other Delivery Confirmation Method. Regulations
require the use of email or other delivery confirmation methods for communications between the
initial and receiving PHA. HUD supports email as the preferred method of communication.
This requirement applies to all communications between receiving and initial PHAs referenced
in this notice. PHAs are encouraged to establish a generic portability email, and controls for the
management of such mailbox, to avoid misplacement of portability emails due to staffing
changes at the PHA.
An initial PHA must have a signed and valid HUD-9886 “Authorization for the Release of
Information Privacy Act” on file before transmission of income verification information obtained
through the Enterprise Income Verification (EIV) system. See PIH Notice 2012-4 “Effective
Use of the EIV System” for more information. Also see PIH Notice 2015-6 “Privacy Protection
Guidance for Third Parties” for information on requirements for transmittal of Personally
Identifiable Information (PII) via email.
9. Portability - Initial PHA Processing Responsibilities. This section outlines the
responsibilities of initial PHAs in processing a portability move. More information about the
billing process, including initial and receiving PHA’s responsibilities, is found in sections 11-14
of this notice.
a. Determining HCV Program Eligibility of Applicant Families that are Requesting to
Port. The initial PHA determines if the family is eligible for participation in the HCV program,
19
including whether the family is income eligible in the area to which the family wishes to move.
The initial PHA determines HCV program eligibility only if the family is an applicant family
(the family is not currently an HCV program participant).4 If the family meets all HCV
eligibility criteria but is not income eligible in the area to which the family wishes to move, the
PHA must inform the applicant family 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.
The receiving PHA’s income limits are used in determining income eligibility. Initial PHA
policies applicable to determination of family eligibility are used for all other eligibility criteria.
See 24 CFR § 982.201 for more information on eligibility criteria for the HCV program.
b. Determining Eligibility to Move. 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. A family’s eligibility to move is determined in accordance with 24
CFR § 982.353 and 24 CFR § 982.354. See sections 15 and 16 below for more information on
denying family moves.
c. Selecting the Receiving PHA. If more than one PHA administers a voucher program in
the area to which the family is moving, the family selects the receiving PHA. The initial PHA
must provide the family with the contact information for all of the receiving PHAs that serve the
area. The initial PHA may, but is not required to, provide more details about the receiving PHAs
(such as whether the receiving PHA administers an FSS or a homeownership program).
4
The family becomes an HCV participant on the effective date of the first HAP contract executed by the PHA for the family. 24
CFR 982.4.
20
If the family requests it, the initial PHA must select the receiving PHA. If the initial PHA is
selecting the receiving PHA per the family’s request, the initial PHA is not required to provide
the contact information for all receiving PHAs in the area.
Initial PHAs may determine whether there is more than one receiving PHA in the area to which
the family wishes to move by searching in the PHA contact list on HUD’s website at the
following address:
http://portal.hud.gov/hudportal/HUD?src=/program_offices/public_indian_housing/pha/contacts.
If the initial PHA is unable to ascertain whether there is more than one receiving PHA from this
list, the initial PHA may contact a receiving PHA or the local PIH field office in the area to
which the family wishes to move to gather more information.
d. Contacting the Receiving PHA. Once the receiving PHA is selected, regulations
require that the initial PHA contact the receiving PHA to determine whether the receiving PHA
will bill or absorb the family’s voucher. It is the responsibility of the initial PHA, not the family,
to contact the receiving PHA to determine whether the receiving PHA will bill or absorb. This
information may be critical in determining whether the initial PHA approves or denies the
portability request. See sections 15 and 16 below for more information on denying family
moves.
e. Voucher Issuance. Once the portability request is approved, the initial PHA issues the
family a voucher, if it has not already done so.
f. Advising the Family How to Contact the Receiving PHA. Once the receiving PHA has
been selected and the portability request approved, the initial PHA also advises the family how to
contact and request assistance from the receiving PHA. The initial PHA may do so by providing
the family with the name, telephone number, and email of the receiving PHA’s staff responsible
for working with incoming portability families and any procedures related to appointments for
voucher issuance the receiving PHA has shared with the initial PHA. Simply referring the family
to HUD or to a website for information on the receiving PHA does not fulfill the responsibilities
21
of the initial PHA under the program regulations. Initial PHAs may fulfill this requirement by
providing this information to families during the process of selecting the receiving PHA as
described in Section 9.c above.
g. Notifying the Receiving PHA. Per regulation, the initial PHA promptly notifies the
receiving PHA to expect the family by contacting the receiving PHA on the family’s behalf.
Initial PHAs may fulfill this requirement during their initial contact with the receiving PHA to
determine whether the voucher will be billed or absorbed, or as part of a separate communication
with the receiving PHA.
h. Providing the Portability Information. The initial PHA must send the receiving PHA
the documents listed below. Initial PHAs are encouraged to provide this information when
contacting the receiving PHA to notify them that the family is approved to port to the receiving
PHA jurisdiction. See Section 8 above for more information on requirements for transmittal of
PII.
(1) Form HUD-52665. The initial PHA completes and sends Part I of this form to the receiving
PHA.
(2) The most recent HUD Form-50058 (Family Report) for the family. Note that in the case
of an applicant family, the initial PHA has not yet completed the HUD-50058 in its entirety
because the family is not yet a new admission. See section 18 below for more information
on PIC data entry and page 70 of the Form HUD-50058 Instructions Booklet for sections
to be completed at the time of voucher issuance. The initial PHA must provide the partially
completed HUD-50058 for the applicant family to the receiving PHA. And, income
information in a format similar to the Form HUD-50058 so that the information is easily
available for use by the receiving PHA.
(3) All related verification information.
(4) A copy of the voucher signed by the participant and the PHA.
i. Special Purpose Vouchers. The initial PHA must submit any special purpose voucher
codes (i.e., HUD-VASH, NED, FUPF/FUPY, NHT) on line 2n of the Form 50058. Initial PHAs
22
are required to administer special purpose vouchers in accordance with any HUD-established
alternative program requirement, including any portability alternative requirement.
Currently, only the HUD-VASH program has alternative portability requirements, which may be
found in Section G of the Federal Register (FR) Notice “Section 8 Housing Choice Vouchers:
Revised Implementation of the HUD-VA Supportive Housing Program.” This FR notice can be
found at the following address: http://www.gpo.gov/fdsys/pkg/FR-2012-03-23/pdf/2012-
7081.pdf. While no other special purpose voucher program has alternative portability
requirements, portability information for the Family Unification Program (FUP) program can be
found in the FUP FAQs at the following address:
http://portal.hud.gov/hudportal/documents/huddoc?id=fupfaqs_dec2012.pdf. And, there are
specific portability provisions that apply to the Family Self-Sufficiency (FSS) program and the
HCV Homeownership program, which can be found in regulations at 24 CFR 984.306 and 24
CFR 982.636, respectively. Additional guidance on FSS portability provisions is found in PIH
Notice 2016-08.
10. Portability - Receiving PHA Processing Responsibilities. This section outlines the
responsibilities of receiving PHAs in processing a portability move. More information about the
billing process, including initial and receiving PHA’s responsibilities, is found in sections 11-14
of this notice. Also, see section 11 for more information about the receiving PHA’s
responsibilities after a portability family has leased a unit in its jurisdiction.
a. Requirement to Administer Assistance. The receiving PHA cannot refuse to assist an
incoming family or direct them to a neighboring PHA for assistance. This includes having a policy
of denying an incoming portability family if there is not a set number of days left on the initial
PHA’s voucher. Receiving PHAs may not have such a policy.
Under certain circumstances, HUD may exempt a receiving PHA from the requirement to assist
an incoming portability family. The receiving PHA can only refuse to assist a portability family
after receiving written approval from HUD. The receiving PHA initiates requests to deny
23
administration of portability vouchers by sending a written request to the Director of the local PIH
field office. The request must, at a minimum, address the circumstances that prevent the receiving
PHA from processing incoming portability families, including any documentation supporting the
request. The local HUD office, at its discretion, may request additional information deemed
necessary to process the request. The local PIH field office Director will render a decision in
writing to the PHA within 30 days from receipt of the PHA’s request. Such requests are meant
only for extreme circumstances, such as when the receiving PHA is in a presidentially declared-
disaster area. Also, see the exception discussed in section 10.b below.
b. Denial or Termination of Assistance. Receiving PHAs may rescreen families who have
moved into their jurisdiction under portability by applying their own policies for denial or
termination of assistance under HCV regulations at 24 CFR § 982.552 or 24 CFR § 982.553. For
example, the receiving PHA may have a policy to terminate or deny HCV assistance if any member
of the family has been evicted from federally-assisted housing in the last 5 years. The receiving
PHA may refuse to assist a portability family by referring the family back to the initial PHA, or
terminate the family’s HCV participation, on any of the grounds in 24 CFR § 982.552 or 24 CFR
§ 982.553. The receiving PHA may not delay issuing the family a voucher or otherwise delay
approval of a unit until the rescreening processes are completed. However, receiving PHAs may
take subsequent action against the family (as explained in the preceding sentence) based on the
results of the rescreening.
Receiving PHAs do not need prior HUD approval to refuse portability assistance in these cases
because they are authorized under regulation to deny the move in accordance with their screening
policies. This is because the regulatory meaning of both denial of assistance (applicants) and
termination of assistance (participants) specifically includes refusing to process or provide
assistance under the portability procedures. If the receiving PHA refuses the portability move, the
initial PHA is not precluded from assisting the family either in the initial PHA jurisdiction or by
allowing the family to port to another receiving PHA’s jurisdiction in accordance with the
portability procedures.
24
PHAs must ensure that any admissions or occupancy requirements they impose comply with
applicable civil rights requirements contained in the Fair Housing Act, Title VI of the Civil
Rights Act of 1964, Section 504 of the Rehabilitation Act, and the Americans with Disabilities
Act of 1990, and the other equal opportunity provisions listed in 24 CFR § 5.105. In using
admissions or occupancy requirements that relate to the use of criminal background, PHAs must
also 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, at
http://portal.hud.gov/hudportal/documents/huddoc?id=PIH2015-19.pdf.
If the receiving PHA takes action against the family as described in the preceding paragraphs, the
receiving PHA is required to provide the ported family with the opportunity to request an
informal hearing (if the family is a participant) or an informal review (if the family is an
applicant) in accordance with 24 CFR § 982.554 or 982.555. The participant/applicant status of
the family is identified by the initial PHA under the Certification Statement under Part I of form
HUD 52665.
c. Responding to the Initial PHA. Once the initial PHA contacts the receiving PHA to inquire
whether the receiving PHA will bill or absorb, the receiving PHA must respond by email or other
confirmed delivery method to the initial PHA’s inquiry. If the receiving PHA notifies the initial
PHA that they will absorb the voucher, the receiving PHA cannot reverse its decision at a
later date without the initial PHA’s consent. This prevents placing a financial hardship on the
initial PHA and putting a family that has already terminated the lease, vacated their assisted unit,
and moved to the new jurisdiction at risk of losing their assistance.
d. Expired Initial PHA Voucher. If the initial PHA’s voucher has already expired when the
family arrives at the receiving PHA, regulations require the receiving PHA to contact the initial
PHA to determine whether it will extend the voucher term. If the initial PHA extends the voucher,
the receiving PHA processes the ported family and the receiving PHA’s voucher expiration date
will be based on the initial PHA’s extended deadline (see section 10.f below for an example of this
policy). An informal hearing is not required when a voucher has expired without the family leasing
25
a unit. This is because regulations at 24 CFR 982.555(b) do not require an informal hearing for a
PHA determination not to approve an extension of a voucher term. In determining whether to
grant an extension of the voucher term, PHAs must follow their own policies as addressed in their
HCV administrative plan.
e. Determining the Unit Size. The receiving PHA is required by regulation to determine the
family unit size for the family, and base its determination on its own subsidy standards.
f. Voucher Issuance. After receiving the form HUD-52665 and supporting documentation
from the initial PHA, the receiving PHA must promptly issue a voucher to the family for its
search in the receiving PHA’s jurisdiction. HUD expects the receiving PHA to process the
family’s paperwork and issue the family a voucher within two weeks of receiving the HUD-52665
and supporting documentation provided the information is in order, the family has contacted the
receiving PHA, and the family complies with the receiving PHA’s procedures.
The term of the receiving PHA’s voucher may not expire before 30 calendar days from the
expiration date of the initial PHA’s voucher. For example, if the initial PHA’s voucher expires
10/30/2016, the receiving PHA’s voucher may not expire before 11/29/2016.
If the initial PHA extends the term of the voucher as explained in section 10.d above, the receiving
PHA’s voucher may not expire before 30 days from the new expiration date of the initial PHA’s
voucher. For example, if in the example in the preceding paragraph the initial PHA extends the
voucher until 11/30/2016 the receiving PHA voucher may not expire before 12/30/2016. Receiving
PHAs may extend the voucher beyond this additional 30 days (see section 10.g below on voucher
extensions).
The receiving PHA may delay issuance of the voucher or approval of the unit if the family
refuses to comply with the receiving PHA’s procedures. In any case where the receiving PHA is
refusing to process or provide assistance under the portability procedures, the family must be
26
given the opportunity for an informal review or hearing in accordance with 24 CFR § 982.554 or
982.555.
g. Voucher Extensions. The receiving PHA may subsequently extend its own voucher’s
term. Any extensions of search time provided by the receiving PHA are only valid for the
family’s search in the receiving PHA’s jurisdiction. The receiving PHA is required by
regulation to inform the initial PHA of any extensions of the voucher term.
When extending the voucher, receiving PHAs should consider the billing deadline (see section
14.b below for billing deadline information). The receiving PHA must ensure that any voucher
expiration date leaves sufficient time to process a Request for Tenancy Approval, execute the
HAP contract, and cover the anticipated delivery time (if the PHA is not submitting the billing
information by fax or email) of the initial billing. If the initial billing is not received by the
initial PHA by the deadline date, the receiving PHA will have to absorb the voucher unless the
initial PHA accepts the late billing.
h. Reexaminations. Receiving PHAs may choose to conduct a new income reexamination
for a participant family. In such cases, the receiving PHA may not delay issuing the family a
voucher or otherwise delay approval of a unit until those processes are completed. However, the
PHA may take subsequent action against the family based on the results (e.g., recalculating the
HAP payment based on updated income information).
In the case of an applicant family, the receiving PHA may delay issuing a voucher or otherwise
delay approval of a unit only if it is necessary to re-determine income eligibility. For example, if
the applicant family initially reported they had no earned income but they subsequently obtain
new employment, the receiving PHA shall re-determine income eligibility for the applicant
family to ensure the family is income eligible in the receiving PHA’s jurisdiction. As a reminder,
the receiving PHA does not re-determine income eligibility for a portable family that was already
receiving voucher assistance.
27
i. Family Decides Not to Lease in the Receiving PHA’s Jurisdiction. If an incoming
family ultimately decides not to lease in the jurisdiction of the receiving PHA, the receiving PHA
must refer the family back to the initial PHA. The voucher of record for the family is once again
the voucher originally issued by the initial PHA, and the initial PHA’s policies apply. Any
extensions of the initial PHA’s voucher to allow the family additional search time to return to the
initial PHA’s jurisdiction or to move to another jurisdiction are at the discretion of the initial
PHA. The initial PHA must apply its own policies on moves for families that decide not to use
their voucher to port to another jurisdiction
j. Notifying the Initial PHA. Regulations require the receiving PHA to promptly notify
the initial PHA if the family has leased an eligible unit under the program, or if the family fails to
submit a request for tenancy approval for an eligible unit within the term of the voucher.
k. Absorption of the Ported Voucher. The receiving PHA may absorb the family into its
own program provided it has funding available under its ACC to do so and such a decision will
not result in over-leasing for the Calendar Year.
Although a receiving PHA notifies the initial PHA of its intent to absorb an incoming family
early in the portability process, a PHA does not technically “absorb” a family into its program
until the receiving PHA executes a HAP contract on behalf of the family in the receiving PHA’s
jurisdiction. False processing of portability paperwork (sham portability moves) to address a
PHA’s utilization or leasing problems is prohibited. If the family does not move to a different
unit and is not placed under a HAP contract in the receiving PHA’s jurisdiction, the receiving
PHA cannot absorb the family.
The receiving PHA may also absorb a family for which it was billing by terminating the billing
arrangement with the initial PHA. In such cases, the receiving PHA must send form HUD-
52665 to the initial PHA. The receiving PHA selects option 8 under Part II-B of such form. See
section 16 below for more information.
28
11. Portability - Receiving PHA Ongoing Responsibilities. This section outlines the
ongoing responsibilities of receiving PHAs once a ported family leases a unit in the receiving
PHA’s jurisdiction.
a. Special Purpose Vouchers. The receiving PHA must maintain any special purpose
voucher codes (i.e., VASH, NED, FUPF/FUPY, NHT) on line 2n of the Form 50058 as long as it
is billing for the family. Receiving PHAs are required to administer special purpose vouchers in
accordance with any HUD-established alternative program requirement, including any portability
alternative requirement.
Currently, only the HUD-VASH program has alternative portability requirements, which may be
found in Section G of the Federal Register (FR) Notice “Section 8 Housing Choice Vouchers:
Revised Implementation of the HUD-VA Supportive Housing Program.” This FR notice can be
found at the following address: http://www.gpo.gov/fdsys/pkg/FR-2012-03-23/pdf/2012-
7081.pdf. While no other special purpose voucher program has alternative portability
requirements, portability information for the Family Unification Program (FUP) program can be
found in the FUP FAQs at the following address:
http://portal.hud.gov/hudportal/documents/huddoc?id=fupfaqs_dec2012.pdf. And, there are
specific portability provisions that apply to the Family Self-Sufficiency (FSS) program and the
HCV Homeownership program, which can be found in regulations at 24 CFR 984.306 and 24
CFR 982.636, respectively. Additional guidance on FSS portability provisions is found in PIH
Notice 2016-08.
b. Updated Form HUD-50058. The receiving PHA must send the initial PHA a copy of
the updated Form HUD-50058 at each reexamination for the duration of time the receiving PHA
is billing the initial PHA on behalf of the family. Receiving PHAs send the updated HUD-50058
regardless of whether there is a change in the billing amount. A copy of Form HUD-50058 must
also accompany the submission of a portability form (HUD-52665) reporting any changes in the
billing amount. See Section 14.e for more information.
29
The updated form HUD-50058 must be sent to the initial PHA no later than 10 business days
following the effective date of the reexamination. Receiving PHA’s are strongly encouraged to
send the updated form as soon as the family’s reexamination is complete. This notification
serves as a “reconciliation” to assist both PHAs in fulfilling their accounting and record-keeping
responsibilities. The frequency of this notification will be based on how frequently the receiving
PHA conducts reexaminations for voucher families, including those that have ported into their
jurisdiction.
c. Failure to Send the Updated Form HUD-50058. If the receiving PHA fails to send the
updated form 50058 on time, the initial PHA must continue paying the receiving PHA based on
the last Form HUD-50058 received, unless instructed otherwise by HUD. Initial PHAs should
make a first attempt at resolving any late submissions of the updated form 50058 with the
receiving PHA. Should such attempts fail to result in a resolution, initial PHAs may seek
assistance from their local PIH field office. If assistance from the local PIH field office also fails
to result in a resolution, the initial PHA may seek absorption of the vouchers in question by
following the steps below. PHAs are reminded to document all communications between
agencies and to retain a record of all transactions between PHAs.
(1) The initial PHA may request absorption of the vouchers in question by memorandum to
their local PIH field office Director. A copy of the initial notification and any subsequent
correspondence between the PHAs on the matter must be attached to the memorandum.
A copy of the memorandum must be sent to the receiving PHA.
(2) The local PIH field office will notify the local PIH field office with jurisdiction over the
receiving PHA within 15 business days of receiving the initial PHA’s memorandum.
(3) The local PIH field office with jurisdiction over the receiving PHA will provide the
receiving PHA with 15 business days to respond and provide any supporting
documentation if the receiving PHA is contesting the initial PHA’s request.
(4) The initial PHA’s local PIH field office will send a letter to the initial and receiving PHA
within 15 business days from the date the receiving PHA’s response was due indicating
whether the initial PHA’s request was approved. A copy of the letter must be sent to the
30
receiving PHA’s local PIH field office. Both PIH field offices will work together in
making a final determination. If the two PIH field offices cannot agree on a decision,
they should contact their respective regional director(s) for resolution.
(5) If the vouchers are to be absorbed by the receiving PHA, the billing arrangement on
behalf of the family or families in question ceases at the end of the month on the date of
the local PIH field office letter. For example, if the local PIH field office letter is dated
June 15, the billing arrangement ends June 30. The initial PHA continues to be
responsible for any outstanding payments due to the receiving PHA.
HUD may in certain instances require the initial PHA to honor a late submission of the
reexamination documents (such as where the receiving PHA does not have the funds to support
the voucher and the family would be terminated if the initial PHA refused to accept the late
billing). In such a case HUD may take action to address the receiving PHA’s failure to submit the
notification in a timely manner, which may include reducing the receiving PHA’s administrative
fee.
d. Family Decides to Port to Another Jurisdiction. The receiving PHA does not issue a
voucher to a family under a billing arrangement that decides to move under portability to another
jurisdiction. Instead, the receiving PHA notifies the initial PHA of the family’s request. The
initial PHA is responsible for issuing the family a voucher and following the procedures outlined
in section 9 above. Good communication between all three PHAs is crucial in these cases.
12. Portability – Administrative Fees. With the release of the HCV administrative fee
study, the formula for determining administrative fee amounts owed under portability may
change. Until such time as a change in the administrative fee formula is implemented through
rulemaking, the requirements of this notice continue to apply.
The administrative fee structure changed with the release of the final portability rule. Revised
regulations at 24 CFR § 982.355(e)(3) now provide that the initial PHA reimburses the receiving
PHA for the lesser of 80% of the initial PHA’s ongoing administrative fee or 100% of the
receiving PHA’s ongoing administrative fee for each program unit under HAP contract on the
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first day of the month for which the receiving PHA is billing the initial PHA. The example
below illustrates how administrative fees are now calculated. Initial and receiving PHAs
continue to have discretion to negotiate and agree to a different administrative fee amount.
The initial PHA’s column B administrative fee rate (as indicated in previous guidance) and the
receiving PHA’s column B administrative fee rate are used in determining the administrative
fee amount owed for a ported voucher. HUD publishes the administrative fee rates every year.
The posted administrative fees are found at www.hud.gov/offices/pih/programs/hcv.
Proration due to insufficient administrative fee funding will apply to the administrative fee
amount for which the receiving PHA may bill the initial PHA. That is, when determining the
administrative fee amount, proration will be applied to both the initial and receiving PHA’s
administrative fee rate. Information on administrative fee proration for portability billing
purposes will be provided in the administrative fee rate guidance published by HUD every year
in the following webpage:
http://portal.hud.gov/hudportal/HUD?src=/program_offices/public_indian_housing/programs/hc
v.
The administrative fee amounts may be used for the entire calendar year to avoid the need for
PHAs to re-calculate their portable fees each quarter, unless otherwise instructed by HUD.
Example: administrative fee proration for the year is 79%. The initial PHA’s column B
administrative fee rate is $60.59 per voucher. The receiving PHA’s column B administrative
fee rate is $42.05 per voucher. The receiving PHA bills the initial PHA for $33.21 [the lesser
of: (1) $38.29 ($60.59x.79x.80) or (2) $33.21 ($42.05x.79)]. See the table below for a visual
representation of this example.
PHA A (initial PHA) Column B Rate x Proration x 0.8
*admin fee proration in this example is 79%
$ 60.59 x 0.79 x 0.8 = $38.29
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PHA B (receiving PHA) Column B Rate x Proration x 1
*admin fee proration in this example is 79%
$ 42.05 x 0.79 x 1 = $33.21
Billed Administrative Fee = $33.21
*under previous rule requirements the billed administrative fee would have been $38.29
On September 16, 2015, HUD sent a letter to PHAs providing initial guidance in response to
several issues raised after publication of the final portability rule. A follow-up email was sent on
October 15, 2015. All of the provisions of the letter and email have been incorporated into this
notice. As it relates to changes in the billed administrative fee amount resulting from publication
of the final portability rule, the letter instructed receiving PHAs to send an updated form HUD-
52665 to the initial PHA no later than October 30, 2015. The follow-up email clarified that the
effective date of the change would be no earlier than October 1, 2015. If the initial PHA wished
to start sending the new lesser amount at a date after October 1, 2015, it could do so. Changes to
the administrative fee amount as a result of publication of the final portability rule apply to all
vouchers under a billing arrangement. HUD may take action in cases where the receiving PHA
failed to send the Form HUD-52665 by October 30, 2015, including but not limited to,
instructing initial PHAs to offset future monthly payments until the overpayment is reconciled.
13. Portability - Summary of Portability Billing Deadlines: The following table
summarizes portability billing deadlines by submission type and cross-references the relevant
sections of this notice.
Table: Portability Billing Deadlines
Submission Type: Deadline: Section of this Notice:
Initial Billing 90 days from the expiration date of the section 14.b
initial PHA’s voucher.
*30 additional days if delayed billing is
due to suspension of the voucher’s term.
Initial Payment 30 days from receipt of initial billing. section 15.a
Subsequent Payments 5th business day of the month. section 15.a
Change in the Billing 10 business days from effective date of section 14.e
Amount the change.
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Submission Type: Deadline: Section of this Notice:
Termination of Billing 10 business days from effective date of section 16
Arrangement termination.
14. Portability – Billing the Initial PHA. Regulations at 24 CFR § 982.355(e) provide that
the receiving PHA may bill the initial PHA for housing assistance payments (HAP) and
administrative fees to fund the assistance for a portable family. This section outlines the process
of billing the initial PHA, including completing form HUD-52665, deadlines for initial billings
submitted by receiving PHAs, late initial billings, and changes to the billing amount.
In many cases billing difficulties result from miscommunication between agencies. HUD
encourages PHAs to work cooperatively to resolve billing difficulties, so that any potential
hardship on participants or unnecessary administrative burden is avoided.
a. Form HUD-52665. The initial PHA must enter the date by which the initial billing must
be received by the initial PHA on Part I, line 9 of the form. The receiving PHA must complete
and send Part II of Form HUD-52665 with sufficient time so that it is received by the initial PHA
on or before the initial billing deadline. See section 14.b below for information on the initial
billing deadline.
If the receiving PHA will bill the initial PHA, the receiving PHA must: (1) complete and send
Part II of the Form HUD-52665 and (2) attach a copy of the new Form HUD-50058. See section
8 above for more information on communications between PHAs, including requirements for
transmittal of Personally Identifiable Information via email. Note that Part II-B of form HUD-
52665 has several options and more than one of those options may be applicable to each
receiving PHA submission of the form. As it relates to the initial portability billing submission,
both options 3 and 10 under Part II-B must be completed.
b. Initial Billing Deadline. The initial billing submission must be received by the initial
PHA no later than 90 days following the expiration date of the initial PHA’s voucher. For
34
example, if the initial PHA’s voucher expires 10/30/2016, the initial billing deadline is
01/28/2017.
In cases where suspension of the term of the voucher will delay the initial billing submission, the
receiving PHA must notify the initial PHA of the delayed billing before the billing deadline and
document that the delay is due to the suspension of the voucher term. If the receiving PHA
meets these requirements, the initial PHA must extend the billing deadline by 30 days. If the
initial PHA has not received the portability form within the new 30-day deadline, the initial
billing is late.
c. Late Initial Billings. The initial PHA is generally not required to honor initial billings
that are not received by the initial billing deadline. If the initial PHA has not received a billing
notice by the deadline and determines that it will not accept a late billing, the initial PHA must
inform the receiving PHA of this decision in writing. If the initial PHA still subsequently
receives a late billing notice on behalf of the family, it returns the late Form HUD-52665 to the
receiving PHA. A receiving PHA that failed to send the initial billing by the billing deadline
is generally required to absorb the family into its own program unless the initial PHA is
willing to accept the late submission.
HUD may require the initial PHA to accept the late billing in certain cases (such as where the
receiving PHA does not have the funds to support the voucher and the family would be
terminated if the initial PHA refused to accept the late billing). In such cases, HUD may
subsequently transfer units and funding from the receiving PHA to the initial PHA when it is
feasible. The initial PHA may contact HUD to report the receiving PHA’s failure to submit the
bill in accordance with these procedures. HUD may take action to address the receiving PHA’s
failure to submit the bill on time, including reducing the receiving PHA’s administrative fee.
d. Mid-month Moves. If the effective date of the HAP is on a date other than the first of
the month, the receiving PHA cannot bill for administrative fees for that month. This is because
administrative fees are earned for each program unit under HAP contract on the first day of the
month. Receiving PHAs may bill for the pro-rated HAP amount to the new landlord for a partial
35
month. Receiving PHAs may also bill for the full HAP paid to the previous landlord, if the
receiving PHA has a policy of paying full HAP to the previous landlord on the move-out month.
This is because ported vouchers are administered in accordance with receiving PHA policies.
Example: The family leases a unit and the HAP is effective on 10/13/16. The receiving PHA
cannot bill for administrative fees for the month of October. The receiving PHA starts billing for
administrative fees in November and may bill for the pro-rated HAP amount for October.
e. Changes in the Billing Amount. The receiving PHA must send a new Form HUD-
52665 to report a change in the billing amount along with form HUD-50058. As it relates to
changes in the HAP amount, both options 4 and 10 under Part II-B of form HUD-52665 must be
completed.
Receiving PHAs must notify the initial PHA of changes in the billing amount no later than 10
business days following the effective date of the change. HUD strongly encourages receiving
PHAs to notify the initial PHA of billing changes at the same time that it notifies the owner and
the family in order to provide the initial PHA with advance notice of the change.
If the receiving PHA fails to send the Form HUD-52665 and Form HUD-50058 within 10
business days following the effective date of the HAP change, the initial PHA is not
responsible for paying any increase in the monthly billing amount incurred prior to the
notification. If the change resulted in a decrease in the monthly billing amount, the initial
PHA will offset future monthly payments until the difference is reconciled. The examples
below illustrate this policy.
Example of an Increase: The HAP amount increased effective 10/1/2016. The initial PHA did
not receive the revised HUD-52665 and HUD-50058 until 12/9/2016. The initial PHA is not
responsible for payment of any increase in the billing amount prior to the payment for 01/2017.
36
Example of a Decrease: The HAP amount decreased by $50 effective 10/1/2016. The initial
PHA did not receive the revised HUD-52665 and HUD-50058 until 1/10/2017. The initial PHA
paid an additional $200 ($50 for October, November, December and January) and would offset
this amount in future payments.
15. Portability – Billing Payments. This section outlines the billing payment process,
including deadlines for billing payments made by the initial PHA and transfer of units and
funding as a result of late payments. In many cases billing difficulties simply result from
miscommunication between agencies. HUD encourages PHAs to work cooperatively to resolve
billing difficulties, so that any potential hardship on participants or unnecessary administrative
burden is avoided.
a. Initial and Subsequent Billing Payments. The initial PHA must pay the initial billing
amount within 30 calendar days of receipt of Form HUD-52665. Subsequently, the initial PHA
must pay no later than the fifth business day of each month for each month that the billing
arrangement is in effect. The payment must be provided in a form and manner that the receiving
PHA is able to accept.
Initial PHAs may not terminate or delay making payments under existing billing
arrangements as a result of over-leasing or funding shortfalls in the initial PHA’s program.
PHAs may only terminate HAP contracts to which they are a party to address insufficient
funding in accordance with 24 CFR § 982.454.
b. Transfer of Units and Funding as a Result of Late Payments. Program regulations at
24 CFR § 982.355(f)(1) provide that HUD may transfer funds for assistance to portable families
to the receiving PHA from funds available under the initial PHA’s ACC. Upon request from the
receiving PHA, HUD may exercise this authority in cases where the initial PHA fails to comply
with the initial and subsequent monthly billing payment due dates described in section 15.a
above. Notwithstanding the transfer policies described below, failure to comply with HUD’s
financial procedures, including the billing and payment deadlines outlined above, may also result
in the reduction of administrative fees.
37
The steps below outline the process for requesting the transfer of baseline units and funding from
the initial to the receiving PHA. The PIH field office with jurisdiction over the receiving PHA is
the lead HUD office in resolving any dispute over the timeliness of the billing payments. After
examining the documentation submitted by the PHAs the lead field office determines if the
billing payments were late.
Receiving PHAs should make a first attempt at resolving any late billing payments with the
initial PHA. Should such attempts fail to result in a resolution, receiving PHAs may seek
assistance from their local PIH field office. If assistance from the local PIH field office also fails
to result in a resolution, the receiving PHA may seek transfer of the units and funding in question
by following the steps below. PHAs are reminded to document all communications between
agencies and to retain a record of all transactions between PHAs.
(1) The receiving PHA may request by memorandum to the Director of the local PIH field
office with jurisdiction over the receiving PHA (the lead PIH field office) that HUD transfer
the unit or units and funding in question. A copy of all correspondence between the PHAs on
the matter must be attached.
(2) The lead PIH field office will notify the initial PHA of the request within 15 business
days of receipt of the receiving PHA’s request. This notice will include the amount of time
the initial PHA has to respond (as described in step 3 below). A copy of this notification will
be sent to the PIH field office director in the PIH field office with jurisdiction over the initial
PHA.
(3) The initial PHA must respond to the lead PIH field office’s notice within 15 business
days. If the initial PHA is contesting whether the billing payments were late, it must provide
supporting documentation in their response.
(4) The lead PIH field office will render a decision no later than 15 business days following
the deadline by which the initial PHA had to respond to the lead PIH field office’s
memorandum.
(5) If the lead PIH field office determines that the payments in question were late, it will send
a memorandum to the Housing Choice Voucher Financial Management Division indicating
the number of units to be permanently transferred from the initial PHA to the receiving PHA.
38
The number will correspond with the number of families for which billing payments were
late. A copy of this memorandum will be sent to the PIH field office with jurisdiction over
the initial PHA and to both PHAs.
(6) After receipt of the lead PIH field office’s memorandum, HUD will reduce the baseline
number of units and budget authority from the initial PHA’s ACC and increase the baseline
number of units and budget authority on the receiving PHA’s ACC. HUD will use the revised
baseline numbers to readjust the funding.
(7) The billing arrangement on behalf of the family or families in question ceases with the
transfer of the unit or units. The initial PHA continues to be responsible for any
outstanding payments due to the receiving PHA.
16. Portability - Terminating a Billing Arrangement. This section outlines the process of
terminating a billing arrangement with the initial PHA. A billing arrangement is terminated
when the receiving PHA absorbs the family into its program after having billed the initial PHA
or when the HAP contract is terminated for any reason.
a. Notifying the Initial PHA. The receiving PHA must send an updated form HUD-
52665 to the initial PHA no later than 10 business days following the effective date of the
termination of the billing arrangement. As it relates to terminating a billing arrangement, Part
II-B options 7, 8, or 9 of form HUD-52665 may be applicable.
b. Retroactive Absorption. Retroactive absorptions are not allowed. However, receiving
PHAs have 10 business days from the effective date of the absorption to send an updated form
HUD-52665 to the initial PHA. This may result in absorptions that are retroactive but for no
more than 10 business days.
There is one exception to the limitation on retroactive absorptions. If an initial PHA requests
that the receiving PHA absorb ported vouchers as a way of avoiding terminations of assistance
due to a funding shortfall, the receiving PHA may retroactively absorb families for which the
receiving PHA was previously billing. In these cases, the receiving PHA reimburses the initial
39
PHA for payments back to the effective date of the absorption but only for the current calendar
year. This cost saving strategy is consistent with PIH Notice 2011-28, Cost-Savings Measures in
the Housing Choice Voucher (HCV) Program.
c. Receipt of Payments for Billing Arrangements No Longer in Effect. In all cases
where the receiving PHA receives payments for billing arrangements no longer in effect, the
receiving PHA is responsible for returning the full amount of the overpayment (including HAP
and administrative fees) to the initial PHA.
If billing payments have continued for billing arrangements no longer in effect, HUD may take
the following actions:
(1) Direct the receiving PHA not to utilize their administrative fee reserve account in
accordance with 24 CFR § 982.155(b)(3).
(2) Reduce the receiving PHA’s administrative fees by up to 10 percent of the monthly billing
amount (HAP and Administrative Fee) in question for each month the payments continued
after the billing arrangement was terminated. The reduction would be applied to the
PHA’s prorated administrative fee (assuming that a pro-ration factor applies to the PHA
administrative fees during this period). HUD will consider the circumstances of the
particular case in making this determination. For example, if the receiving PHA was
billing the initial PHA $600 a month on behalf of a family and collected four monthly
billing payments beyond the billing arrangement termination date (for a total of $2,400),
the receiving PHA is responsible for returning $2,400 to the initial PHA. In addition,
HUD may reduce the PHA’s administrative fee by up to $240 as sanction for failing to
terminate the billing arrangement in a timely manner.
Should HUD decide to take any of the actions described above, the PIH field office with
jurisdiction over the receiving PHA will send a letter to the receiving PHA informing the
receiving PHA of such action. The PIH field office must send a copy of the letter to the HCV
Financial Management Center (FMC) and the HCV Financial Management Division (FMD).
HUD may also further reduce the administrative fee if the receiving PHA does not promptly
40
return the overpayment to the initial PHA. This general policy does not in any way restrict the
PIH field office Director from exercising additional remedial action.
See Appendix A for guidance on how to record refunded amounts in the financial records by
both the initial PHA and the receiving PHA.
17. Portability and Project-based Assistance. In accordance with 24 CFR § 983.2(b)(2),
provisions on portability do not apply to the project-based voucher (PBV) program. A family
porting into a receiving PHA’s jurisdiction may only receive a tenant-based voucher or
homeownership assistance. In order for a tenant-based voucher holder to be housed in a PBV
unit, the family would have to apply to the receiving PHA’s PBV program and give up their
tenant-based voucher prior to being housed in the PBV unit.
18. PIC Data Entry. This section summarizes the action codes to use for ported families
when completing Form HUD-50058. It is crucial that PHAs enter timely and accurate
information on portability families, as this data is used by HUD when determining whether a
PHA is eligible for any additional funding that may be available for PHAs that are paying
portability costs above their normal average costs. HUD encourages PHAs to review PIC
records periodically to ensure they are properly identified.
a. Type of Action – Line 2a. The table below summarizes the action code submission
associated with portability moves. Further details about each submission type are also addressed
after the table.
Table: Action Code Submission for Portability Moves
Responsible PHA Event Type of 50058 Submission
Initial PHA Applicant family ports Voucher Issuance (action code 10)
41
Responsible PHA Event Type of 50058 Submission
Initial PHA Participant family ports Move-out (action code 5);
regardless of billing or absorption
Receiving PHA Family ports Voucher Issuance (action code 10);
before entering the following
codes, as applicable.
Receiving PHA Applicant family ports New Admission (action code 1)
Receiving PHA Participant family ports Move-in (action code 4); regardless
of billing or absorption
New Admission (action code 1): the receiving PHA classifies the family as a new admission if
the family exercises portability with its first admission into the voucher program. This family
(generally off the waiting list) would have received a voucher for the first time from the initial
PHA and exercised portability without ever having leased an assisted unit in the initial PHA’s
jurisdiction.
Portability Move-in (action code 4): the receiving PHA classifies the family as a portability
move-in if the family moves into a receiving PHA’s jurisdiction after being previously assisted
by an initial PHA regardless of whether the receiving PHA absorbs the family or bills the initial
PHA. The portability move-in code is used even if the receiving PHA chooses to conduct a new
reexamination of income for a participant family.
Portability Move-out (action code 5): the initial PHA classifies the family as a portability move-
out if the family moves out of an initial PHA’s jurisdiction, where it had been previously
assisted, regardless of whether the receiving PHA bills the initial PHA or absorbs the family.
Reporting of changes in the family’s income or composition after a portability move-out is the
responsibility of the receiving PHA. See paragraph below on how initial PHAs code applicant
families.
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Issuance of Voucher (action code 10): Receiving PHAs must enter an action code 10 before
submission of an action code 1 (New Admission) and an action code 4 (Portability Move-in).
Initial PHAs must enter an action code 10 for families that exercise a portability move with their
first admission into the voucher program. See page 70 of the Form HUD-50058 Instructions
Booklet for sections to be completed at the time of voucher issuance.
b. Effective Date of Action - Line 2b. Enter the effective date as provided below:
New Admission (action code 1): enter the effective date of the HAP contract for the family.
Portability Move-in (action code 4): enter the effective date of the HAP contract for the family.
Portability Move-out (action code 5): enter the date the family moves out of the initial PHA’s
jurisdiction.
Issuance of Voucher (action code 10): enter the effective date of the voucher. Each PHA
enters the effective date of its own voucher.
c. Did family move into your PHA jurisdiction under portability? - Line 12d. If the
family moved into a PHA’s jurisdiction under portability as a new admission or portability move-
in, regardless of whether the family is absorbed into the receiving PHA’s jurisdiction or the initial
PHA is billed, the PHA must enter “Y” in this field. This field will not change as long as the
family continues to be assisted in the receiving PHA’s jurisdiction, even if the receiving PHA
decides to absorb the family after first billing the initial PHA.
d. PHA Code Billed - Line 12f. Since an initial PHA is not responsible for submitting
reports into PIC for families whose assistance is administered by another PHA under portability,
the PHA code of the billed PHA must be entered correctly on this line in order for reporting rates
to be accurate.
e. Projected Effective Date of Next Reexamination – Line2i. Generally, this will be 12
months from the last reexamination done by the initial PHA (found in line 2b of the 50058 and
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Part I, line 7 of form HUD-52665 sent by the initial PHA to the receiving PHA) or 12 months
from the effective date of the reexamination completed by the receiving PHA (generally the
effective date of the lease and HAP contract.)
19. Moving to Work (MTW) Agencies. Requirements of the portability rule are applicable
to MTW agencies, unless there are approved activities in their MTW plan to the contrary. An
MTW agency cannot apply its MTW flexibilities to a voucher holder living in another PHA’s
jurisdiction. After having moved under portability, the family is subject to the receiving PHA’s
policies.
20. Paperwork Reduction Act. The information collection requirements contained in this
Notice have been approved by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control numbers
2577-0169 and 2577-0083. In accordance with the Paperwork Reduction Act, HUD may not
conduct or sponsor, and a person is not required to respond to, a collection of information unless
the collection displays a currently valid OMB control number.
21. Further Information. Questions concerning this notice should be directed to
portability@hud.gov.
/s/
Lourdes Castro Ramírez,
Principal Deputy Assistant Secretary
for Public and Indian Housing
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APPENDIX A
Guidance on PHA Entries for Returning Unearned HAPs and Fees under Portability
A number of cases have surfaced in which the receiving PHA did not promptly inform the initial
PHA that billing arrangements were terminated as the result of absorption by the receiving PHA
or families leaving the program. As a result the initial PHA continued to make monthly
payments for housing assistance payments and administrative fees to the receiving PHA. The
receiving PHA is required to refund the excess payments to the initial PHA. See section 16.c
above.
The following guidance is provided regarding how to appropriately record in your accounting
records accounting entries to accommodate the returned payments.
RECEIVING PHA. Normally, the receiving PHA would have recorded the following when the
HAP was paid to the owner on behalf of the family:
DR Accounts Receivable - Initial PHA (for HAP and fee)
CR Income (for Fee)
CR Cash (for HAP payment)
Upon receipt of payment of HAP and fees from the initial PHA, the Receiving PHA would have:
DR Cash
CR Accounts Receivable - Initial PHA
Typically, when the billing arrangement ceased the first set of transactions did not happen (the
owners were not paid and the income was not recorded) because the receiving PHA had
terminated the HAP contract. The receiving PHA failed to inform the initial PHA and continued
to debit “Cash” and credit “Accounts Receivable” when the payment arrived from the initial
45
PHA. The large CR balance in the “Accounts Receivable” is abnormal and the receiving PHA
should have recognized something was amiss.
When the receiving PHA returns funds it should not have received to the initial PHA, the
receiving PHA would:
DR Accounts Receivable - Initial PHA
CR Cash
When all refunds are made, the “Accounts Receivable” balance should be zero or at normal
levels.
INITIAL PHA. When the initial PHA recognized the obligation under the billing arrangement
for the family that moved under the portability procedures it would have created the expense and
the payable:
DR Expense - Control (and subsidiaries for HAP and administrative expenses)
CR Accounts Payable - Receiving PHA
When the initial PHA then paid the receiving PHA:
DR Accounts Payable - Receiving PHA
CR Cash
When the initial PHA receives the funds back from the receiving PHA:
DR Cash
CR Expenses - Control (and subsidiaries)
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APPENDIX B
47
How Portability Works
What is Portability? What Happens Next?
"Portability" in the Housing Choice Voucher 1. You must notify the initial PHA that you would
(HCV) program refers to the process through like to port and to which area you are moving.
which your family can transfer or "port" your
rental subsidy when you move to a location
outside the jurisdiction of the public housing 2. The initial PHA will determine if you are
agency (PHA) that first gave you the voucher eligible to move. For example, the PHA will
when you were selected for the program (the determine whether you have moved out of
initial PHA). your unit in accordance with your lease.
The agency that will administer your assistance in the 3. If eligible to move, the initial PHA will issue
area to which you are moving is called the receiving you a voucher (if it has not done so already)
PHA. and send all relevant paperwork to the
receiving PHA.
New families have to live in the jurisdiction of the
initial PHA for a year before they can port. But, 4. If you are currently assisted, you must give
the initial PHA may allow new families to port your landlord notice of your intent to vacate in
during this one-year period. accordance with your lease.
Contacting the Receiving PHA
1. Your case manager will let you know how and when to contact the receiving PHA. Your case
manager must give you enough information so that you know how to contact the receiving PHA.
2. If there is more than one PHA that administers the HCV program where you wish to move, you
may choose the receiving PHA. The initial PHA will give you the contact information for the PHAs
that serve the area. If you prefer, you may request that the initial PHA selects the receiving PHA
for you.
Generally, the initial PHA is not required to give you any other information about the
receiving PHAs, but you may wish to find out more details when contacting them (such
as whether the receiving PHA operates a Family Self-Sufficiency or Homeownership
program).
See back for more details See back for more details
How Portability Works
Before Porting, Things You Should Know
Once at the Receiving PHA
Subsidy Standards: The receiving PHA may have different
subsidy standards. In other words, the initial PHA may have 1. The receiving PHA will issue you a voucher to search for
issued you a three-bedroom voucher, but the receiving PHA a unit in its jurisdiction. Your voucher must be extended
may, if appropriate for your family, issue you a two-bedroom by 30 days from the expiration date on the voucher
voucher. Note, however, that the PHA’s subsidy standards issued by the initial PHA.
must comply with fair housing and civil rights laws. This
includes processing reasonable accommodation requests that 2. When you submit a request for tenancy approval, the
are necessary for qualified individuals with disabilities. time on your voucher will stop until you are notified in
writing whether the unit is approved or denied. The
Payment Standards: The payment standards of the receiving request for tenancy approval is the form you will submit
PHA may be different for each PHA. Payment standards are to the receiving PHA once you find a unit, so that the
what determine the amount of the rent that the PHA will pay receiving PHA can determine whether you may rent that
on your behalf. If a receiving PHA’s payment standards are unit under the program.
lower than the initial PHA, then the portion of the rent you
pay may be more than what you were paying at the initial
3. If you decide that you do not want to lease a unit in the
PHA.
area, the receiving PHA will return your voucher to the
initial PHA. The initial PHA is not required to, but may,
Re-screening: The receiving PHA may re-screen you using extend the term of your voucher so that you may search
their own policies, which may be different than the initial for a unit in the initial PHA’s jurisdiction or port to
PHA’s policies and could result in them denying your request another jurisdiction.
to move. When contacting the receiving PHA, you may want
to ask whether they re-screen families moving into their area Any additional instructions will be provided by the receiving PHA.
under portability and what are their policies for termination or
denial of HCV assistance. This will assist you in determining PHAs must comply with all nondiscrimination and equal opportunity
if the receiving PHA's policies might prevent you from moving requirements in the portability process, including, but not limited to,
to their jurisdiction.
the Fair Housing Act, Section 504 of the of the Rehabilitation Act,
Time Management: You should manage the move so that you Title VI of the Civil Rights Act, and title II of the Americans with
have enough time to arrive at the receiving PHA before the
initial PHA voucher expires; otherwise, you may lose your Disabilities Act.
assistance.
See front for more details See front for more details
Source: Legislative text reproduced verbatim
Plain English
PIH Notice 2016-09 governs how Housing Choice Voucher (HCV) families may move with continued rental assistance, both within and outside a public housing agency's (PHA's) jurisdiction. The notice establishes rules for family briefings, voucher term suspension, portability procedures between initial and receiving PHAs, and the limited circumstances under which a PHA may deny a move request—including due to insufficient funding. It also sets out fair housing obligations, reasonable accommodation requirements, and administrative processes such as billing deadlines and data entry requirements that PHAs must follow when administering portability moves.
Written by anthropic/claude-sonnet-4.6 · Reviewed on October 7, 2026
Plain English — not legal advice.
For Property Managers
Under PIH Notice 2016-09, property owners and managers who participate in the HCV program should be aware that voucher holders have federally governed rights to move with their assistance, including to units outside the issuing PHA's jurisdiction through portability. Compliant operators generally accept and process Requests for Tenancy Approval (Form HUD-52517) promptly, understanding that submission of this form triggers a suspension of the voucher term until written approval or denial is issued. Landlords operating in receiving PHA jurisdictions should also be aware that the receiving PHA administers the assistance under its own policies—including payment standards and subsidy standards—which may differ from those of the initial PHA.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For Tenants
PIH Notice 2016-09 establishes that HCV participants generally have the right to move with their voucher assistance anywhere in the United States where a PHA administers a tenant-based program, subject to eligibility and program requirements. Tenants should be aware that a PHA may only deny a move request under specific, limited circumstances outlined in the notice—such as a lease violation, income ineligibility in the destination area, or documented insufficient funding—and that VAWA protections and reasonable accommodation rights may apply even when a denial might otherwise be permitted. Tenants who believe a move request has been improperly denied under PIH Notice 2016-09 may raise the denial as a program violation, contact their local HUD PIH field office, or seek assistance from a HUD-approved housing counseling agency or tenant-rights organization.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
Current
Oct 6, 2026
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