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<br />Applicant families that have been issued vouchers as well as participant families may qualify to <br />lease a unit outside jurisdiction under portability. The initial PHA, in accordance with <br />HUD regulations and PHA policy, determines whether a family qualifies. <br />Applicant Families <br />Under HUD regulations, most applicant families qualify to lease a unit outside <br />jurisdiction under portability. However, HUD gives the PHA discretion to deny a portability <br />move by an applicant family for the same two reasons that it may deny any move by a participant <br />family: insufficient funding and grounds for denial or termination of assistance. <br /> <br />SAHA Policy <br />In determining whether or not to deny an applicant family permission to move under <br />portability because SAHA lacks sufficient funding or has grounds for denying assistance <br />to the family, SAHA will follow the policies established in section 10-I.B of this chapter. <br />In addition, SAHA has establish a policy denying the right to portability to nonresident <br />applicants during the first 12 months after they are admitted to the program \[24 CFR <br />982.353(c)\]. <br />If neither the head of household nor the spouse/co-head of an applicant family had a <br />voucher <br />assistance for at least 12 months before requesting portability. <br />SAHA will consider exceptions to this policy for purposes of reasonable accommodation <br />(see Chapter 2). However, any exception to this policy is subject to the approval of the <br />receiving PHA \[24 CFR 982.353(c)(3)\]. <br />Participant Families <br />The Initial PHA must not provide portable assistance for a participant if a family has moved out <br />of its assisted unit in violation of the lease. \[24 CFR 982.3539b)\]. VAWA creates an exception to <br />this prohibition for families who are otherwise in compliance with program obligations but have <br />moved to protect the health or safety of an individual who is or has been a victim of domestic <br />violence, dating violence or stalking and who reasonably believed he or she was imminently <br />threatened by harm from further violence if they remained in the unit \[24 CFR 982.353(b)\]. <br />SAHA Policy <br />with continued assistance in accordance with the regulations and policies set forth here <br />and in sections 10-I.A and 10-I.B of this chapter. SAHA will notify the family of its <br />determination in accordance with the approval policy set forth in section 10-I.C of this <br />chapter. <br /> <br /> <br /> <br />Page 10-6 <br /> <br />04/01/14 <br /> <br />