04 040113 HA ADMINPLAN EX 2 - Laserfiche WebLink

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PART II: PORTABILITY 10-II.A. OVERVIEW Within the limitations of the regulations and this plan, a participant family or an applicant family that has been issued a voucher has the right to use tenant-based voucher assistance to lease a unit anywhere in the United States providing that the unit is located within the jurisdiction of a PHA administering atenant-based voucher program [24 CFR 982.353(b)]. The process by which a family obtains a voucher from one PHA and uses it to lease a unit in the jurisdiction of another PHA is known as portability. The first PHA is called the initial PHA. The second is called the receiving PHA. The receiving PHA has the option of administering the family's voucher for the initial PHA or absorbing the family into its own program. Under the first option, the receiving PHA bills the initial PHA for the family's housing assistance payments and the fees for administering the family's voucher. Under the second option, the receiving PHA pays for the family's assistance out of its own program funds, and the initial PHA has no further relationship with the family. The same PHA commonly acts as the initial PHA for some families and as the receiving PHA for others. Each role involves different responsibilities. SARA will follow the rules and policies in section 1 o-II.B when it is acting as the initial PHA for a family. It will follow the rules and policies in section to-II.C when it is acting as the receiving PHA for a family. 10-II.B. INITIAL PHA ROLE Allowable Moves under Portability A family may move with voucher assistance only to an area where there is at least one PHA administering a voucher program [24 CFR 982.353(b)]. If there is more than one PHA in the area, the initial PHA may choose the receiving PHA [24 CFR 982.355(b)]. Applicant families that have been issued vouchers as well as participant families may qualify to lease a unit outside SAHA's jurisdiction under portability. The initial PHA, in accordance with HUD regulations and PHA policy, determines whether a family qualifies. Applicant Families Under HUD regulations, most applicant families qualify to lease a unit outside SAHA's jurisdiction under portability. However, HUD gives SARA discretion to deny a portability move by an applicant family for the same two reasons that it may deny any move by a participant family: insufficient funding and grounds for denial or termination of assistance. In determining whether or not to deny an applicant family permission to move under portability because SARA lacks sufficient funding or has grounds for denying assistance to the family, the initial PHA will follow the policies established in section 1 o-I.B of this chapter. In addition, SARA may establish a policy denying the right to portability to nonresident applicants during the first 12 months after they are admitted to the program [24 CFR 982.353(c)]. Page 10-5 7/02/12