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04 040113 HA ADMINPLAN EX 2
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04 040113 HA ADMINPLAN EX 2
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Last modified
3/28/2013 10:01:24 AM
Creation date
3/28/2013 9:36:46 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Date
4/1/2013
Destruction Year
2018
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Chapter 10 <br />MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY <br />INTRODUCTION <br />Freedom of choice is a hallmark of the housing choice voucher (HCV) program. In general, <br />therefore, HUD regulations impose few restrictions on where families may live or move with <br />HCV assistance. This chapter sets forth HUD regulations and SARA policies governing moves <br />within or outside SAHA's jurisdiction in three parts: <br />Part I: Moving with Continued Assistance. This part covers the general rules that apply to <br />all moves by a family assisted under SAHA's HCV program, whether the family moves <br />to another unit within SAHA's jurisdiction or to a unit outside SAHA's jurisdiction under <br />portability and mobility. <br />Part II: Portability. This part covers the special rules that apply to moves by a family <br />under portability, whether the family moves out of or into SAHA's jurisdiction. This part <br />also covers the special responsibilities that SARA has under portability regulations and <br />procedures. <br />PART I. MOVING WITH CONTINUED ASSISTANCE <br />10-I.A. ALLOWABLE MOVES <br />HUD list six conditions under which an assisted family is allowed to move to a new unit with <br />continued assistance. Permission to move is subject to the restrictions set forth in section 10-I.B. <br />• The family has a right to terminate the lease on notice to the owner (for the owner's breach or <br />otherwise) and has given a notice of termination to the owner in accordance with the lease <br />[24 CFR 982.314(b)(3)]. Ifthe family terminates the lease on notice to the owner, the family <br />must give SARA a copy of the notice at the same time [24 CFR 982.314(4)(1)] . <br />• The Violence Against women Reauthorization Act of 2005 provides that "a family may <br />receive a voucher from a PHA and move to another jurisdiction under the tenant-based <br />assistance program if the family has complied with all other obligations of the section 8 <br />program and has moved out of the assisted dwelling unit in order to protect the health or <br />safety of an individual who is or has been a victim of domestic violence, dating violence, or <br />stalking and who reasonably believed he or she was imminently threatened by harm from <br />further violence if he or she remained in the assisted dwelling unit" [24 CFR <br />982.314(b)(1)(ii)]. <br />• The lease for the family's unit has been terminated by mutual agreement of the owner and the <br />family [24 CFR 982.314(b)(1)(ii)] . <br />If the family and the owner mutually agree to terminate the lease for the family's unit, the <br />family must give SARA a copy of the termination agreement. <br />Page 10-1 <br />7/02/12 <br />
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