24 C.F.R. Subpart H—Where Family Can Live and Move
Title 24 - Housing and Urban Development
Source: 60 FR 34695, July 3, 1995, unless otherwise noted.
This subpart describes what kind of housing is eligible for leasing, and the areas where a family can live with tenant-based assistance. The subpart covers: (a) Assistance for a family that rents a dwelling unit in the jurisdiction of the PHA that originally selected the family for tenant-based assistance. (b) “Portability” assistance for a family PHA rents a unit outside the jurisdiction of the initial PHA. (a) Ineligible housing. The following types of housing may not be assisted by a PHA in the tenant-based programs: (1) A public housing or Indian housing unit; (2) A unit receiving project-based assistance under section 8 of the 1937 Act (42 U.S.C. 1437f); (3) Nursing homes, board and care homes, or facilities providing continual psychiatric, medical, or nursing services; (4) College or other school dormitories; (5) Units on the grounds of penal, reformatory, medical, mental, and similar public or private institutions; (6) A unit occupied by its owner or by a person with any interest in the unit. (7) For provisions on PHA disapproval of an owner, see §982.306. (b) PHA-owned housing. (1) A unit that is owned by the PHA that administers the assistance under the consolidated ACC (including a unit owned by an entity substantially controlled by the PHA) may only be assisted under the tenant-based program if all the following conditions are satisfied: (i) The PHA must inform the family, both orally and in writing, that the family has the right to select any eligible unit available for lease, and a PHA-owned unit is freely selected by the family, without PHA pressure or steering. (ii) The unit is not ineligible housing. (iii) During assisted occupancy, the family may not benefit from any form of housing subsidy that is prohibited under paragraph (c) of this section. (iv)(A) The PHA must obtain the services of an independent entity to perform the following PHA functions as required under the program rule: (1) To determine rent reasonableness in accordance with §982.507. The independent agency shall communicate the rent reasonableness determination to the family and the PHA. (2) To assist the family negotiate the rent to owner in accordance with §982.506. (3) To inspect the unit for compliance with the HQS in accordance with §982.305(a) and §982.405 (except that §982.405(e) is not applicable). The independent agency shall communicate the results of each such inspection to the family and the PHA. (B) The independent agency used to perform these functions must be approved by HUD. The independent agency may be the unit of general local government for the PHA jurisdiction (unless the PHA is itself the unit of general local government or an agency of such government), or may be another HUD-approved independent agency. (C) The PHA may compensate the independent agency from PHA ongoing administrative fee income for the services performed by the independent agency. The PHA may not use other program receipts to compensate the independent agency for such services. The PHA and the independent agency may not charge the family any fee or charge for the services provided by the independent agency. (c) Prohibition against other housing subsidy. A family may not receive the benefit of tenant-based assistance while receiving the benefit of any of the following forms of other housing subsidy, for the same unit or for a different unit: (1) Public or Indian housing assistance; (2) Other Section 8 assistance (including other tenant-based assistance); (3) Assistance under former Section 23 of the United States Housing Act of 1937 (before amendment by the Housing and Community Development Act of 1974); (4) Section 101 rent supplements; (5) Section 236 rental assistance payments; (6) Tenant-based assistance under the HOME Program; (7) Rental assistance payments under Section 521 of the Housing Act of 1949 (a program of the Rural Development Administration); (8) Any local or State rent subsidy; (9) Section 202 supportive housing for the elderly; (10) Section 811 supportive housing for persons with disabilities; (11) Section 202 projects for non-elderly persons with disabilities (Section 162 assistance); or (12) Any other duplicative federal, State, or local housing subsidy, as determined by HUD. For this purpose, “housing subsidy” does not include the housing component of a welfare payment, a social security payment received by the family, or a rent reduction because of a tax credit. [60 FR 34695, July 3, 1995, as amended at 60 FR 45661, Sept. 1, 1995; 63 FR 23860, Apr. 30, 1998; 64 FR 13057, Mar. 16, 1999; 64 FR 26645, May 14, 1999; 65 FR 55162, Sept. 12, 2000] (a) Assistance in the initial PHA jurisdiction. The family may receive tenant-based assistance to lease a unit located anywhere in the jurisdiction (as determined by State and local law) of the initial PHA. HUD may nevertheless restrict the family's right to lease such a unit anywhere in such jurisdiction if HUD determines that limitations on a family's opportunity to select among available units in that jurisdiction are appropriate to achieve desegregation goals in accordance with obligations generated by a court order or consent decree. (b) Portability: Assistance outside the initial PHA jurisdiction. Subject to paragraph (c) of this section, and to §982.552 and §982.553, a voucher-holder or participant family has the right to receive tenant-based voucher assistance in accordance with requirements of this part to lease a unit outside the initial PHA jurisdiction, anywhere in the United States, in the jurisdiction of a PHA with a tenant-based program under this part. The initial PHA must not provide such portable assistance for a participant if the family has moved out of its assisted unit in violation of the lease. (c) Nonresident applicants. (1) This paragraph (c) applies if neither the household head or spouse of an assisted family already had a “domicile” (legal residence) in the jurisdiction of the initial PHA at the time when the family first submitted an application for participation in the program to the initial PHA. (2) The following apply during the 12 month period from the time when a family described in paragraph (c)(1) of this section is admitted to the program: (i) The family may lease a unit anywhere in the jurisdiction of the initial PHA; (ii) The family does not have any right to portability; (iii) The initial PHA may choose to allow portability during this period. (3) If both the initial PHA and a receiving PHA agree, the family may lease a unit outside the PHA jurisdiction under portability procedures. (d) Income eligibility. (1) For admission to the program, a family must be income eligible in the area where the family initially leases a unit with assistance under the program. (2) If a portable family is a participant in the initial PHA Section 8 tenant-based program (either the PHA voucher program or the PHA certificate program), income eligibility is not redetermined when the family moves to the receiving PHA program under portability procedures. (3) Except as provided in paragraph (d)(2) of this section, a portable family must be income eligible for admission to the voucher program in the area where the family leases a unit under portability procedures. (e) Leasing in-place. If the dwelling unit is approvable, a family may select the dwelling unit occupied by the family before selection for participation in the program. (f) Freedom of choice. The PHA may not directly or indirectly reduce the family's opportunity to select among available units except as provided in paragraph (a) of this section, or elsewhere in this part 982 (e.g. prohibition on use of ineligible housing, housing not meeting HQS, or housing for which the rent to owner exceeds a reasonable rent). [60 FR 34695, July 3, 1995, as amended at 61 FR 27163, May 30, 1996; 61 FR 42131, Aug. 13, 1996; 64 FR 26646, May 14, 1999] (a) When a family moves under portability (in accordance with §982.353(b)) to an area outside the initial PHA jurisdiction, another PHA (the “receiving PHA”) must administer assistance for the family if a PHA with a tenant-based program has jurisdiction in the area where the unit is located. (b) In the conditions described in paragraph (a) of this section, a PHA with jurisdiction in the area where the family wants to lease a unit must issue a voucher to the family. If there is more than one such PHA, the initial PHA may choose the receiving PHA. (c) Portability procedures. (1) The receiving PHA does not redetermine elibilibility for a portable family that was already receiving assistance in the initial PHA Section 8 tenant-based program (either the PHA voucher program or certificate program). However, for a portable family that was not already receiving assistance in the PHA tenant-based program, the initial PHA must determine whether the family is eligible for admission to the receiving PHA voucher program. (2) The initial PHA must advise the family how to contact and request assistance from the receiving PHA. The initial PHA must promptly notify the receiving PHA to expect the family. (3) The family must promptly contact the receiving PHA, and comply with receiving PHA procedures for incoming portable families. (4) The initial PHA must give the receiving PHA the most recent HUD Form 50058 (Family Report) for the family, and related verification information. If the receiving PHA opts to conduct a new reexamination, the receiving PHA may not delay issuing the family a voucher or otherwise delay approval of a unit unless the recertification is necessary to determine income eligibility. (5) When the portable family requests assistance from the receiving PHA, the receiving PHA must promptly inform the initial PHA whether the receiving PHA will bill the initial PHA for assistance on behalf of the portable family, or will absorb the family into its own program. (6) The receiving PHA must issue a voucher to the family. The term of the receiving PHA voucher may not expire before the expiration date of any initial PHA voucher. The receiving PHA must determine whether to extend the voucher term. The family must submit a request for approval of the tenancy to the receiving PHA during the term of the receiving PHA voucher. (7) The receiving PHA must determine the family unit size for the portable family. The family unit size is determined in accordance with the subsidy standards of the receiving PHA. (8) The receiving PHA must 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 approval of the tenancy for an eligible unit within the term of the voucher. (9) To provide tenant-based assistance for portable families, the receiving PHA must perform all PHA program functions, such as reexaminations of family income and composition. At any time, either the initial PHA or the receiving PHA may make a determination to deny or terminate assistance to the family in accordance with §§982.552 and 982.553. (10) When the family has a right to lease a unit in the receiving PHA jurisdiction under portability procedures in accordance with §982.353(b), the receiving PHA must provide assistance for the family. Receiving PHA procedures and preferences for selection among eligible applicants do not apply, and the receiving PHA waiting list is not used. However, the receiving PHA may deny or terminate assistance for family action or inaction in accordance with §§982.552 and 982.553. (d) Absorption by the receiving PHA. (1) If funding is available under the consolidated ACC for the receiving PHA voucher program when the portable family is received, the receiving PHA may absorb the family into the receiving PHA voucher program. After absorption, the family is assisted with funds available under the consolidated ACC for the receiving PHA tenant-based program. (2) HUD may require that the receiving PHA absorb all or a portion of the portable families. (e) Portability Billing. (1) To cover assistance for a portable family, the receiving PHA may bill the initial PHA for housing assistance payments and administrative fees. This paragraph (e) describes the billing procedure. (2) The initial PHA must promptly reimburse the receiving PHA for the full amount of the housing assistance payments made by the receiving PHA for the portable family. The amount of the housing assistance payment for a portable family in the receiving PHA program is determined in the same manner as for other families in the receiving PHA program. (3) The initial PHA must promptly reimburse the receiving PHA for 80 percent of the initial PHA on-going administrative fee for each unit month that the family receives assistance under the tenant-based programs from the receiving PHA. If both PHAs agree, the PHAs may negotiate a different amount of reimbursement. (4) HUD may reduce the administrative fee to an initial or receiving PHA if the PHA does not comply with HUD portability requirements. (5) In administration of portability, the initial PHA and the receiving PHA must comply with financial procedures required by HUD, including the use of HUD-required billing forms. The initial and receiving PHA must comply with billing and payment deadlines under the financial procedures. (6) a PHA must manage the PHA tenant-based program in a manner that ensures that the PHA has the financial ability to provide assistance for families that move out of the PHA program under the portability procedures that have not been absorbed by the receiving PHA, as well as for families that remain in the PHA program. (7) When a portable family moves out of the tenant-based program of a receiving PHA that has not absorbed the family, the PHA in the new jurisdiction to which the family moves becomes the receiving PHA, and the first receiving PHA is no longer required to provide assistance for the family. (f) Portability funding. (1) HUD may transfer funds for assistance to portable families to the receiving PHA from funds available under the initial PHA ACC. (2) HUD may provide additional funding (e.g., funds for incremental units) to the initial PHA for funds transferred to a receiving PHA for portability purposes. (3) HUD may provide additional funding (e.g., funds for incremental units) to the receiving PHA for absorption of portable families. (4) HUD may require the receiving PHA to absorb portable families. [60 FR 34695, July 3, 1995, as amended at 61 FR 27163, May 30, 1996; 64 FR 26646, May 14, 1999; 64 FR 56914, Oct. 21, 1999]
Title 24: Housing and Urban Development
PART 982—SECTION 8 TENANT BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM
Subpart H—Where Family Can Live and Move
§ 982.351 Overview.
§ 982.352 Eligible housing.
§ 982.353 Where family can lease a unit with tenant-based assistance.
§ 982.355 Portability: Administration by receiving PHA.
