3 - PUBLIC HEARING ANNUAL ACTION PLAN

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Administrative Plan 4/1/2016 Page 10-4 12, respectively. In general, it may not deny a family permission to move for this reason; however, it retains the discretion to do so under special circumstances. Restrictions on Elective Moves [24 CFR 982.354(c)] HUD regulations permit the PHA to prohibit any elective move by a participant family during the family’s initial lease term. They also permit SAHA to prohibit more than one elective move by a participant family during any 12-month period. However, such prohibitions, if adopted, do not apply when the family or a member of the family is or has been the victim of domestic violence, dating violence, sexual assault, or stalking and the move is needed to protect the health or safety of the family or family member. (For the policy on documentation of abuse, see section 10-I.A.) In addition, SAHA may not establish a policy permitting moves only at reexamination [Notice PIH 2012-42]. SAHA Policy SAHA will deny a family permission to move during the family’s initial lease term. SAHA will also deny a family permission to make more than one elective move during any 12-month period, unless the family shows just cause and secures a mutual recession of the lease from the landlord. SAHA will consider exceptions to these policies for the following reasons: to protect the health or safety of a family member (e.g., lead-based paint hazards, domestic violence, witness protection programs), to accommodate a change in circumstances for head-of- household or spouse (e.g., new employment or school attendance in a distant area/25 miles or more), or to address an emergency situation over which a family has no control. In addition, SAHA may allow exceptions to these policies for purposes of reasonable accommodation of a family member who is a person with disabilities (see Chapter 2). SAHA may deny portability to a family who owes monies to SAHA under the terms of a repayment agreement and require the family to pay in full before giving permission to exercise portability. 10-I.C. MOVING PROCESS Notification If a family wishes to move to a new unit, the family must notify the owner and SAHA before moving out of the old unit or terminating the lease on notice to the owner [24 CFR 982.354(d)(2)]. If the family wishes to move to a unit outside the PHA’s jurisdiction under portability, the notice to SAHA must specify the area where the family wishes to move [24 CFR 982.354(d)(2), Notice PIH 2012-42]. The notices must be in writing [24 CFR 982.5]. Approval SAHA Policy Upon receipt of a family’s notification that it wishes to move, SAHA will determine whether the move is approvable in accordance with the regulations and policies set forth in sections 10-I.A and 10-I.B. Following receipt of the family’s notification, SAHA will 3-248