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Chapter 10 MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY INTRODUCTION Freedom of choice is a hallmark of the housing choice voucher (HCV) program. In general, therefore, HUD regulations impose few restrictions on where families may live or move with HCV assistance. This chapter sets forth HUD regulations and SAHA policies governing moves within or outside SAHA's jurisdiction in three parts: Part L Moving with Continued Assistance. This part covers the general rules that apply to all moves by a family assisted under SAHA's HCV program, whether the family moves to another unit within SAHA's jurisdiction or to a unit outside SAHA's jurisdiction under portability and mobility. Part IL• Portability. This part covers the special rules that apply to moves by a family under portability, whether the family moves out of or into SAHA's jurisdiction. This part also covers the special responsibilities that SAHA has under portability regulations and procedures. PART I. MOVING WITH CONTINUED ASSISTANCE 10-I.A. ALLOWABLE MOVES HUD regulations list five conditions under which an assisted family is allowed to move to a new unit with continued assistance. Permission to move is subject to the restrictions set forth in section 10-LB. ~ The family has a right to terminate the lease on notice to the owner (for the owner's breach or otherwise) and has given a notice of termination to the owner in accordance with the lease [24 CFR 982.314(b)(3)]. If the family terminates the lease on notice to the owner, the family must give SAHA a copy of the notice at the same time [24 CFR 982.314(d)(1)]. ~ The Violence Against Women Reauthorization Act of 2005 provides that "a family may receive a voucher from a PHA and move to another jurisdiction under the tenant-based assistance program if the family has complied with all other obligations of the section 8 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 a 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" [24 CFR 982.314(b)(1)(ii)]. ~ The lease for the family's unit has been terminated by mutual agreement of the owner and the family [24 CFR 982.314(b)(1)(ii)]. If the family and the owner mutually agree to terminate the lease for the family's unit, the family must give SAHA a copy of the termination agreement. Page 10-1 11 /29/10