Agenda Item 11A - Public Housing Agency - Final — Torrance City Council, November 4, 2025 (part 3 of 9)

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Chapter 10

MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY

INTRODUCTION
Freedom of housing choice is a hallmark of the housing choice voucher (HCV) program. In general, HUD regulations impose few restrictions on where families may live or move with HCV assistance. This chapter sets forth HUD regulations and PHA policies governing moves within or outside the PHA’s jurisdiction in two parts:

Part I: Moving with Continued Assistance. This part covers the general rules that apply to all moves by a family assisted under the PHA’s HCV program, whether the family moves to another unit within the PHA’s jurisdiction or to a unit outside the PHA’s jurisdiction under portability.

Part II: Portability. This part covers the special rules that apply to moves by a family under portability, whether the family moves out of or into the PHA’s jurisdiction. This part also covers the special responsibilities that the PHA has under portability regulations and procedures.

PART I: MOVING WITH CONTINUED ASSISTANCE
10-I.A. ALLOWABLE MOVES
HUD lists six regulatory 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-I.B.
• 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 982.354(b)(3)]. If the family terminates the lease on notice to the owner, the family must give the PHA a copy of the notice at the same time [24 CFR 982.354(d)(1)]. • The lease for the family’s unit has been terminated by mutual agreement of the owner and the family [24 CFR 982.354(b)(1)(ii)].

PHA Policy
If the family and the owner mutually agree to terminate the lease for the family’s unit, the family must give the PHA a copy of the termination agreement. • The owner has given the family a notice to vacate, has commenced an action to evict the family, or has obtained a court judgment or other process allowing the owner to evict the family [24 CFR 982.354(b)(2)]. The family must give the PHA a copy of any owner eviction notice [24 CFR 982.551(g)].
• The family or a member of the family is or has been the victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking, and the move is needed to protect the health or safety of the family or family member [see 24 CFR 982.354(b)(4)]. This condition applies even when the family has moved out of its unit in violation of the lease, with or without prior notification to the PHA, if the family or family member who is the victim 153
reasonably believed that they were imminently threatened by harm from further violence if they remained in the unit [24 CFR 982.354(b)(4), 24 CFR 982.353(b)]. The PHA must adopt an emergency transfer plan as required by regulations at 24 CFR 5.2007(e).

PHA Policy
If a family requests permission to move with continued assistance or for an external transfer to another covered housing program operated by the PHA based on a claim that the move is necessary to protect the health or safety of a family member who is or has been the victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking, the PHA will request that the resident request the emergency transfer using form HUD-5383, and the PHA will request documentation in accordance with section 16- IX.D of this plan.

The PHA reserves the right to waive the documentation requirement if it determines that a statement or other corroborating evidence from the family or family member will suffice. In such cases the PHA will document the waiver in the family's file.

The PHA may choose to provide a voucher to facilitate an emergency transfer of the victim without first terminating the assistance of the perpetrator.

Before granting an emergency transfer, the PHA will ensure the victim is eligible to receive continued assistance based on the citizenship or immigration status of the victim.

The PHA has adopted an emergency transfer plan, which is included as Exhibit 16-3 to this plan and discusses external transfers to other covered housing programs. • The PHA has terminated the HAP contract for the family's unit for the owner's breach [24 CFR 982.354(b)(1)(i)].
• The PHA determines that the family's current unit does not meet space standards because of an increase in family size or a change in family composition. In such cases, the PHA must issue the family a new voucher, and the family and PHA must try to fmd an acceptable unit as soon as possible. If an acceptable unit is available for the family, the PHA must terminate the HAP contract for the family's old unit in accordance with the HAP contract terms and must notify both the family and the owner of the termination. The HAP contract terminates at the end of the calendar month that follows the calendar month in which the PHA gives notice to the owner. [24 CFR 982.403(a) and (c)]
10-I.B. FAMILY MOVES DUE TO UNIT DEFICIENCIES
Units in Abatement [24 CFR 982.404(d)(3)1
An owner may not terminate the tenancy of a family due to the PHA withholding or abating HAP for housing quality standards deficiencies that are not repaired timely. During the period that assistance is abated, the family may terminate tenancy by notifying the owner and the PHA.

If the family chooses to terminate tenancy, the HAP contract will automatically terminate on the effective date of tenancy termination or the date the family vacates the unit, whichever is earlier.

The PHA must promptly issue the family its voucher to move.

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reasonably believed that they were imminently threatened by harm from further violence if they remained in the unit [24 CFR 982.354(b)(4), 24 CFR 982.353(b)]. The PHA must adopt an emergency transfer plan as required by regulations at 24 CFR 5.2007(e).

The PHA may choose to provide a voucher to facilitate an emergency transfer of the victim without first terminating the assistance of the perpetrator.

Before granting an emergency transfer, the PHA will ensure the victim is eligible to receive continued assistance based on the citizenship or immigration status of the victim.

The PHA has adopted an emergency transfer plan, which is included as Exhibit 16-3 to this plan and discusses external transfers to other covered housing programs. • The PHA has terminated the HAP contract for the family’s unit for the owner’s breach [24 CFR 982.354(b)(1)(i)].
• The PHA determines that the family’s current unit does not meet space standards because of an increase in family size or a change in family composition. In such cases, the PHA must issue the family a new voucher, and the family and PHA must try to find an acceptable unit as soon as possible. If an acceptable unit is available for the family, the PHA must terminate the HAP contract for the family’s old unit in accordance with the HAP contract terms and must notify both the family and the owner of the termination. The HAP contract terminates at the end of the calendar month that follows the calendar month in which the PHA gives notice to the owner. [24 CFR 982.403(a) and (c)]
10-I.B. FAMILY MOVES DUE TO UNIT DEFICIENCIES
Units in Abatement [24 CFR 982.404(d)(3)]
An owner may not terminate the tenancy of a family due to the PHA withholding or abating HAP for housing quality standards deficiencies that are not repaired timely. During the period that assistance is abated, the family may terminate tenancy by notifying the owner and the PHA.

If the family chooses to terminate tenancy, the HAP contract will automatically terminate on the effective date of tenancy termination or the date the family vacates the unit, whichever is earlier.

The PHA must promptly issue the family its voucher to move.

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PHA Policy
Upon receipt of a family's written notification that it wishes to move, the PHA will issue a voucher within 10 business days of the PHA's written approval to move. No briefing is required for these families. The PHA will follow the policies set forth in Chapter 5 on voucher term, extension, and expiration.

Termination of HAP Contract and Family Moves [24 CFR 982.404(e)] For HAP contracts executed or renewed on or after June 6, 2024, if an owner fails to make required repairs within 60 days (or a reasonable longer period established by the PHA) of the notice of abatement, the PHA must terminate the HAP contract. In this case, the PHA must issue the family its voucher at least 30 days prior to the termination of the HAP contract. The family must be provided at least 90 days following the termination of the HAP contract to lease a new unit, although the PHA may provide a longer period as the PHA determines is reasonably necessary.

PHA Policy
The PHA will issue a family whose HAP contract is being terminated due to an owner failing to make required repairs within the required time frame a voucher no later than 30 days prior to the termination of the HAP contract. The initial term of the voucher will be 120 calendar days. No briefing is required for these families.

To continue under the tenant-based HCV program, the family must submit a Request for Tenancy Approval and proposed lease within the 120-day period unless the PHA grants an extension. The PHA will follow the policies set forth in Chapter 5 on voucher extension and expiration.

Offer of Public Housing [24 CFR 982.404(e)(2)1
If the family is unable to lease a new unit within the term of the voucher. and the PHA owns or operates public housing, the PHA must offer, and if accepted, provide the family a selection preference for an appropriate-sized public housing unit that first becomes available for occupancy after the time period expires.

PHA Policy
The PHA does operate a public housing program and will provide a preference for HCV families whose HAP contract is being terminated due to an owner failing to make required repairs within the required time frame, and who were unable to lease a new unit within the term of the voucher.

Thirty days prior to the expiration date of the voucher, the PHA will provide written notice to the family stating that the PHA does provide such a preference and providing an estimation of availability for the appropriate-sized public housing unit.

Relocation Assistance [24 CFR 982.404(0(3)1
PHAs may assist families relocating due to the HAP contract being terminated as a result of the owner failing to make required repairs within the required time frame in finding a new unit, including using up to two months of the withheld and abated assistance payments for costs directly associated with relocating to a new unit, such as security deposits, temporary housing costs, or other reasonable moving costs as determined by the PHA based on their locality.

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PHA Policy
Upon receipt of a family’s written notification that it wishes to move, the PHA will issue a voucher within 10 business days of the PHA’s written approval to move. No briefing is required for these families. The PHA will follow the policies set forth in Chapter 5 on voucher term, extension, and expiration.

Offer of Public Housing [24 CFR 982.404(e)(2)]
If the family is unable to lease a new unit within the term of the voucher. and the PHA owns or operates public housing, the PHA must offer, and if accepted, provide the family a selection preference for an appropriate-sized public housing unit that first becomes available for occupancy after the time period expires.

Relocation Assistance [24 CFR 982.404(e)(3)]
PHAs may assist families relocating due to the HAP contract being terminated as a result of the owner failing to make required repairs within the required time frame in finding a new unit, including using up to two months of the withheld and abated assistance payments for costs directly associated with relocating to a new unit, such as security deposits, temporary housing costs, or other reasonable moving costs as determined by the PHA based on their locality. 155
The PHA must assist families with disabilities with locating available accessible units in accordance with 24 CFR 8.28(a)(3).

PHA Policy
The PHA will assist families with disabilities with locating available accessible units in accordance with program requirements.

The PHA will not use withheld and abated payment to assist with any required security deposit at the new unit. Funds will not be used for any other relocation assistance.

If the family receives a refund of a security deposit for the new unit, the PHA will not require any amount to be remitted to the PHA.
10-I.C. RESTRICTIONS ON MOVES
A family's right to move is generally contingent upon the family's compliance with program requirements [24 CFR 982.1(b)(2)]. HUD specifies two conditions under which a PHA may deny a family permission to move and two ways in which a PHA may restrict moves by a family.

Denial of Moves
HUD regulations permit the PHA to deny a family permission to move under the following conditions:

Insufficient Funding
The PHA may deny a family permission to move either within or outside the PHA's jurisdiction if the PHA does not have sufficient funding for continued assistance [24 CFR 982.354(e)(1)].

However, Notice PH 2016-09 significantly restricts the ability of PHAs to deny permission to move due to insufficient funding and places further requirements on PHAs regarding moves denied due to lack of funding. The requirements found in this notice are mandatory.

PHA Policy
The PHA will deny a family permission to move on grounds that the PHA does not have sufficient funding for continued assistance if (a) the move is initiated by the family, not the owner or the PHA; (b) the PHA can demonstrate that the move will, in fact, result in higher subsidy costs (c) the PHA can demonstrate, in accordance with the policies in Part VIII of Chapter 16, that it does not have sufficient funding in its annual budget to accommodate the higher subsidy costs; and (d) for portability moves, the receiving PHA is not absorbing the voucher.

If the PHA does not have sufficient funding for continued assistance, but the family must move from their unit (e.g., the unit failed inspection), the family may move to a higher cost unit if the move is within the PHA's jurisdiction. The PHA, however, will not allow the family to move under portability in this situation if the family wishes to move to a higher cost area.

For both moves within the PHA's jurisdiction and outside under portability, the PHA will not deny a move due to insufficient funding if the PHA previously approved the move and subsequently experienced a funding shortfall if the family cannot remain in their current unit. The PHA will rescind the voucher in this situation if the family will be allowed to remain in their current unit.

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The PHA must assist families with disabilities with locating available accessible units in accordance with 24 CFR 8.28(a)(3).

PHA Policy
The PHA will assist families with disabilities with locating available accessible units in accordance with program requirements.

The PHA will not use withheld and abated payment to assist with any required security deposit at the new unit. Funds will not be used for any other relocation assistance.

If the family receives a refund of a security deposit for the new unit, the PHA will not require any amount to be remitted to the PHA.
10-I.C. RESTRICTIONS ON MOVES
A family’s right to move is generally contingent upon the family’s compliance with program requirements [24 CFR 982.1(b)(2)]. HUD specifies two conditions under which a PHA may deny a family permission to move and two ways in which a PHA may restrict moves by a family.

Denial of Moves
HUD regulations permit the PHA to deny a family permission to move under the following conditions:

Insufficient Funding
The PHA may deny a family permission to move either within or outside the PHA’s jurisdiction if the PHA does not have sufficient funding for continued assistance [24 CFR 982.354(e)(1)].

However, Notice PIH 2016-09 significantly restricts the ability of PHAs to deny permission to move due to insufficient funding and places further requirements on PHAs regarding moves denied due to lack of funding. The requirements found in this notice are mandatory.

If the PHA does not have sufficient funding for continued assistance, but the family must move from their unit (e.g., the unit failed inspection), the family may move to a higher cost unit if the move is within the PHA’s jurisdiction. The PHA, however, will not allow the family to move under portability in this situation if the family wishes to move to a higher cost area.

For both moves within the PHA’s jurisdiction and outside under portability, the PHA will not deny a move due to insufficient funding if the PHA previously approved the move and subsequently experienced a funding shortfall if the family cannot remain in their current unit. The PHA will rescind the voucher in this situation if the family will be allowed to remain in their current unit.
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The PHA will create a list of families whose moves have been denied due to insufficient funding. The PHA will keep the family's request open indefinitely, and when funds become available, the families on this list will take precedence over families on the waiting list. The PHA will use the same procedures for notifying families with open requests to move when funds become available as it uses for notifying families on the waiting list (see section 4-III.D).

The PHA will inform the family of its policy regarding moves denied due to insufficient funding in a letter to the family at the time the move is denied.

Grounds for Denial or Termination of Assistance
The PHA may deny a family permission to move if it has grounds for denying or terminating the family's assistance [24 CFR 982.354(e)(2)].

PHA Policy
If the PHA has grounds for denying or terminating a family's assistance, the PHA will act on those grounds in accordance with the regulations and policies set forth in Chapters 3 and 12, respectively. In general, it will 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 the PHA 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, stalking, or human trafficking, 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, the PHA may not establish a policy permitting moves only at reexamination [Notice PRI 2016-09].

PHA Policy
The PHA will deny a family permission to make an elective move during the family's initial lease term. This policy applies to moves within the PHA's jurisdiction or outside it under portability.

The PHA will also deny a family permission to make more than one elective move during any 12-month period. This policy applies to all assisted families residing in the PHA's jurisdiction.

The PHA 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 family circumstances (e.g., new employment, school attendance in a distant area), or to address an emergency situation over which a family has no control.

In addition, the PHA will allow exceptions to these policies for purposes of reasonable accommodation of a family member who is a person with disabilities (see Chapter 2).

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The PHA will create a list of families whose moves have been denied due to insufficient funding. The PHA will keep the family’s request open indefinitely, and when funds become available, the families on this list will take precedence over families on the waiting list. The PHA will use the same procedures for notifying families with open requests to move when funds become available as it uses for notifying families on the waiting list (see section 4-III.D).

The PHA will inform the family of its policy regarding moves denied due to insufficient funding in a letter to the family at the time the move is denied.

Grounds for Denial or Termination of Assistance
The PHA may deny a family permission to move if it has grounds for denying or terminating the family’s assistance [24 CFR 982.354(e)(2)].

PHA Policy
If the PHA has grounds for denying or terminating a family’s assistance, the PHA will act on those grounds in accordance with the regulations and policies set forth in Chapters 3 and 12, respectively. In general, it will 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 the PHA 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, stalking, or human trafficking, 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, the PHA may not establish a policy permitting moves only at reexamination [Notice PIH 2016-09].

PHA Policy
The PHA will deny a family permission to make an elective move during the family’s initial lease term. This policy applies to moves within the PHA’s jurisdiction or outside it under portability.

The PHA will also deny a family permission to make more than one elective move during any 12-month period. This policy applies to all assisted families residing in the PHA’s jurisdiction.

In addition, the PHA will allow exceptions to these policies for purposes of reasonable accommodation of a family member who is a person with disabilities (see Chapter 2). 157
10-I.D. MOVING PROCESS
Notification
If a family wishes to move to a new unit, the family must notify the PHA and the owner 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 the PHA must specify the area where the family wishes to move [24 CFR 982.354(d)(2)]. The notices must be in writing [24 CFR 982.5].

Approval
PHA Policy
Upon receipt of a family's notification that it wishes to move, the PHA 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. The PHA will notify the family in writing of its determination within 10 business days following receipt of the family's notification.

Reexamination of Family Income and Composition
PHA Policy
For families approved to move to a new unit within the PHA's jurisdiction, the PHA will perform a new annual reexamination in accordance with the policies set forth in Chapter 11 of this plan.

For families moving into or families approved to move out of the PHA's jurisdiction under portability, the PHA will follow the policies set forth in Part II of this chapter.

Voucher Issuance and Briefing
PHA Policy
For families approved to move to a new unit within the PHA's jurisdiction, the PHA will issue a new voucher within 10 business days of the PHA's written approval to move. No briefmg is required for these families. The PHA will follow the policies set forth in Chapter 5 on voucher term, extension, and expiration. If a family does not locate a new unit within the term of the voucher and any extensions, the family may remain in its current unit with continued voucher assistance if the owner agrees and the PHA approves.

Otherwise, the family will lose its assistance.

For families moving into or families approved to move out of the PHA's jurisdiction under portability, the PHA will follow the policies set forth in Part II of this chapter.

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10-I.D. MOVING PROCESS
Notification
If a family wishes to move to a new unit, the family must notify the PHA and the owner 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 the PHA must specify the area where the family wishes to move [24 CFR 982.354(d)(2)]. The notices must be in writing [24 CFR 982.5].

Approval
PHA Policy
Upon receipt of a family’s notification that it wishes to move, the PHA 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. The PHA will notify the family in writing of its determination within 10 business days following receipt of the family’s notification.

Reexamination of Family Income and Composition
PHA Policy
For families approved to move to a new unit within the PHA’s jurisdiction, the PHA will perform a new annual reexamination in accordance with the policies set forth in Chapter 11 of this plan.

For families moving into or families approved to move out of the PHA’s jurisdiction under portability, the PHA will follow the policies set forth in Part II of this chapter.

Voucher Issuance and Briefing
PHA Policy
For families approved to move to a new unit within the PHA’s jurisdiction, the PHA will issue a new voucher within 10 business days of the PHA’s written approval to move. No briefing is required for these families. The PHA will follow the policies set forth in Chapter 5 on voucher term, extension, and expiration. If a family does not locate a new unit within the term of the voucher and any extensions, the family may remain in its current unit with continued voucher assistance if the owner agrees and the PHA approves.

Otherwise, the family will lose its assistance.

For families moving into or families approved to move out of the PHA’s jurisdiction under portability, the PHA will follow the policies set forth in Part II of this chapter.

For families moving due an owner failing to make required repairs timely, resulting in the PHA terminating the HAP contract, the PHA will follow the policies set forth earlier in this section and in Chapter 8, Part II.
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Housing Assistance Payments [24 CFR 982.311(d)]
When a family moves out of an assisted unit, the PHA may not make any housing assistance payment to the owner for any month after the month the family moves out. The owner may keep the housing assistance payment for the month when the family moves out of the unit.

If a participant family moves from an assisted unit with continued tenant-based assistance, the term of the assisted lease for the new assisted unit may begin during the month the family moves out of the first assisted unit. Overlap of the last housing assistance payment (for the month when the family moves out of the old unit) and the first assistance payment for the new unit, is not considered to constitute a duplicative housing subsidy.

Zero HAP Families Who Wish to Move [24 CFR 982.455]
A participant who is not receiving any subsidy, but whose HAP contract is still in force, may request a voucher to move to a different unit. The PHA must issue a voucher to move unless it has grounds to deny assistance under the program regulations. However, if the PHA determines no subsidy would be paid at the new unit, the PHA may refuse to enter into a HAP contract on behalf of the family.

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Housing Assistance Payments [24 CFR 982.311(d)]
When a family moves out of an assisted unit, the PHA may not make any housing assistance payment to the owner for any month after the month the family moves out. The owner may keep the housing assistance payment for the month when the family moves out of the unit.

PHA Policy
If a zero HAP family requests to move to a new unit, the family may request a voucher to move. However, if no subsidy will be paid at the unit to which the family requests to move, the PHA will not enter into a HAP contract on behalf of the family for the new unit.
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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 a tenant-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 PHA that issues the voucher is called the initial PHA. The PHA that has jurisdiction in the area to which the family wants to move 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 provides all housing services for the family and 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 with its own program funds, and the initial PHA has no further relationship with the family. The initial PHA must contact the receiving PHA via email or other confirmed delivery method to determine whether the receiving PHA will administer or absorb the initial PHA's voucher. Based on the receiving PHA's response, the initial PHA must determine whether they will approve or deny the portability request [Notice PH 2016-09].

PHAs commonly act as both the initial and receiving PHA because families may move into or out of their jurisdiction under portability. Each role involves different responsibilities. The PHA will follow the rules and policies in section 10-II.B when it is acting as the initial PHA for a family. It will follow the rules and policies in section 10-11.0 when it is acting as the receiving PHA for a family.

In administering portability, the initial PHA and the receiving PHA must comply with fmancial procedures required by HUD, including the use of HUD-required forms [24 CFR 982.355(e)(5)].

PHAs must also comply with billing and payment deadlines. HUD may reduce an administrative fee to an initial or receiving PHA if the PHA does not comply with HUD portability requirements [24 CFR 982.355(e)(7)].
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 provides the family with the contact information for the receiving PHAs that serve the area, and the family selects the receiving PHA. The family must inform the initial PHA which receiving PHA it has selected. If the family prefers not to select the receiving PHA, the initial PHA will select the receiving PHA on behalf of the family [24 CFR 982.255(b)].

Applicant families that have been issued vouchers as well as participant families may qualify to lease a unit outside the PHA's jurisdiction under portability. HUD regulations and PHA policy determine whether a family qualifies.

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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 a tenant-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 PHA that issues the voucher is called the initial PHA. The PHA that has jurisdiction in the area to which the family wants to move 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 provides all housing services for the family and 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 with its own program funds, and the initial PHA has no further relationship with the family. The initial PHA must contact the receiving PHA via email or other confirmed delivery method to determine whether the receiving PHA will administer or absorb the initial PHA’s voucher. Based on the receiving PHA’s response, the initial PHA must determine whether they will approve or deny the portability request [Notice PIH 2016-09].

PHAs commonly act as both the initial and receiving PHA because families may move into or out of their jurisdiction under portability. Each role involves different responsibilities. The PHA will follow the rules and policies in section 10-II.B when it is acting as the initial PHA for a family. It will follow the rules and policies in section 10-II.C when it is acting as the receiving PHA for a family.

In administering portability, the initial PHA and the receiving PHA must comply with financial procedures required by HUD, including the use of HUD-required forms [24 CFR 982.355(e)(5)].

Applicant families that have been issued vouchers as well as participant families may qualify to lease a unit outside the PHA’s jurisdiction under portability. HUD regulations and PHA policy determine whether a family qualifies.
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Applicant Families
Under HUD regulations, most applicant families qualify to lease a unit outside the PHA's jurisdiction under portability. However, HUD gives the PHA 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. If a PHA intends to deny a family permission to move under portability due to insufficient funding, the PHA must notify HUD within 10 business days of the determination to deny the move [24 CFR 982.355(e)].

PHA Policy
In determining whether or not to deny an applicant family permission to move under portability because the PHA lacks sufficient funding or has grounds for denying assistance to the family, the initial PHA will follow the policies established in section 10-I.B of this chapter. If the PHA does deny the move due to insufficient funding, the PHA will notify HUD in writing within 10 business days of the PHA's determination to deny the move.

In addition, the initial PHA 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)].

PHA Policy
If neither the head of household nor the spouse/cohead of an applicant family had a domicile (legal residence) in the initial PHA's jurisdiction at the time that the family's initial application for assistance was submitted, the family must lease a unit within the initial PHA's jurisdiction for at least 12 months before requesting portability.

The PHA will consider exceptions to this policy for purposes of reasonable accommodation (see Chapter 2) or reasons related to domestic violence, dating violence, sexual assault, stalking, or human trafficking. The PHA will make an exception to this policy for families that qualify for the preferences related to current City of Torrance PHA Emergency Housing Voucher (EHV) participants and former City of Torrance PHA EHV participants terminated in the last 24 months due to funding and will allow portability at admission.

Participant Families
The initial PHA must not provide portable assistance for a participant if a family has moved out of its assisted unit in violation of the lease [24 CFR 982.353(b)]. The Violence against Women Act (VAWA) creates an exception to this prohibition for families who are otherwise in compliance with program obligations but have moved to protect the health or safety of a family member who is or has been a victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking, and who reasonably believed they were imminently threatened by harm from further violence if they remained in the unit [see 24 CFR 982.353(b)].

PHA Policy
The PHA will determine whether a participant family may move out of the PHA's jurisdiction with continued assistance in accordance with the regulations and policies set forth here and in sections 10-I.A and 10-I.B of this chapter. The PHA will notify the I C Copyright 2024 Nan McKay & Associates, Inc. Page 10-9 Unlimited copies may be made for internal use.

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Applicant Families
Under HUD regulations, most applicant families qualify to lease a unit outside the PHA’s jurisdiction under portability. However, HUD gives the PHA 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. If a PHA intends to deny a family permission to move under portability due to insufficient funding, the PHA must notify HUD within 10 business days of the determination to deny the move [24 CFR 982.355(e)].

In addition, the initial PHA 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)].

PHA Policy
If neither the head of household nor the spouse/cohead of an applicant family had a domicile (legal residence) in the initial PHA’s jurisdiction at the time that the family’s initial application for assistance was submitted, the family must lease a unit within the initial PHA’s jurisdiction for at least 12 months before requesting portability.

PHA Policy
The PHA will determine whether a participant family may move out of the PHA’s jurisdiction with continued assistance in accordance with the regulations and policies set forth here and in sections 10-I.A and 10-I.B of this chapter. The PHA will notify the 161
family of its determination in accordance with the approval policy set forth in section 10- I.0 of this chapter.

Determining Income Eligibility
Applicant Families
An applicant family may lease a unit in a particular area under portability only if the family is income eligible for admission to the voucher program in that area [24 CFR 982.353(d)(1)]. The family must specify the area to which the family wishes to move [24 CFR 982.355(c)(1)].

The initial PHA is responsible for determining whether the family is income eligible in the area to which the family wishes to move [24 CFR 982.353(d)(1), 24 CFR 982.355(9)]. If the applicant family is not income eligible in that area, the PHA must inform the family that it may not move there and receive voucher assistance [Notice PIII 2016-09].

Participant Families
The income eligibility of a participant family is not redetermined if the family moves to a new jurisdiction under portability [24 CFR 982.353(d)(2)].

Reexamination of Family Income and Composition
No new reexamination of family income and composition is required for an applicant family.

PHA Policy
For a participant family approved to move out of its jurisdiction under portability, the PHA generally will conduct a reexamination of family income and composition only if the family's annual reexamination must be completed on or before the initial billing deadline specified on form HUD-52665, Family Portability Information.

The PHA will make any exceptions to this policy necessary to remain in compliance with HUD regulations.

Briefing
The regulations and policies on briefings set forth in Chapter 5 of this plan require the PHA to provide information on portability to all applicant families that qualify to lease a unit outside the PHA's jurisdiction under the portability procedures. Therefore, no special briefing is required for these families.

PHA Policy
No formal briefing will be required for a participant family wishing to move outside the PHA's jurisdiction under portability. However, the PHA will provide the family with the same oral and written explanation of portability that it provides to applicant families selected for admission to the program (see Chapter 5).

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family of its determination in accordance with the approval policy set forth in section 10- I.C of this chapter.

Participant Families
The income eligibility of a participant family is not redetermined if the family moves to a new jurisdiction under portability [24 CFR 982.353(d)(2)].

Reexamination of Family Income and Composition
No new reexamination of family income and composition is required for an applicant family.

PHA Policy
For a participant family approved to move out of its jurisdiction under portability, the PHA generally will conduct a reexamination of family income and composition only if the family’s annual reexamination must be completed on or before the initial billing deadline specified on form HUD-52665, Family Portability Information.

The PHA will make any exceptions to this policy necessary to remain in compliance with HUD regulations.

Briefing
The regulations and policies on briefings set forth in Chapter 5 of this plan require the PHA to provide information on portability to all applicant families that qualify to lease a unit outside the PHA’s jurisdiction under the portability procedures. Therefore, no special briefing is required for these families.

PHA Policy
No formal briefing will be required for a participant family wishing to move outside the PHA’s jurisdiction under portability. However, the PHA will provide the family with the same oral and written explanation of portability that it provides to applicant families selected for admission to the program (see Chapter 5).

The PHA will provide the name, address, and phone of the contact for the PHAs in the jurisdiction to which they wish to move. If there is more than one PHA with jurisdiction over the area to which the family wishes to move, the PHA will advise the family that the family selects the receiving PHA and notify the initial PHA of which receiving PHA was selected. The PHA will provide the family with contact information for all of the 162
receiving PHAs that serve the area. The PHA will not provide any additional information about receiving PHAs in the area. The PHA will further inform the family that if the family prefers not to select the receiving PHA, the initial PHA will select the receiving PHA on behalf of the family. In this case, the PHA will not provide the family with information for all receiving PHAs in the area.

The PHA will advise the family that they will be under the receiving PHA's policies and procedures, including screening, subsidy standards, voucher extension policies, and payment standards.

Voucher Issuance and Term
An applicant family has no right to portability until after the family has been issued a voucher [24 CFR 982.353(b)]. In issuing vouchers to applicant families, the PHA will follow the regulations and procedures set forth in Chapter 5.

PHA Policy
For participating families approved to move under portability, the PHA will issue a new voucher within 10 business days of the PHA's written approval to move.

The initial term of the voucher will be 60 days.

However, if the move is due to the HAP contract being terminated due to an owner failing to make required repairs within the required time frame, the PHA will issue the family a voucher no later than 30 days prior to the termination of the HAP contract. The initial term of the voucher will be 60 calendar days.

Voucher Extensions and Expiration
PHA Policy
The initial PHA will approve no extensions to a voucher issued to an applicant or participant family porting out of the PHA's jurisdiction except under the following circumstances: (a) the initial term of the voucher will expire before the portable family will be issued a voucher by the receiving PHA, (b) the family decides to return to the initial PHA's jurisdiction and search for a unit there, or (c) the family decides to search for a unit in a third PHA's jurisdiction. In such cases, the policies on voucher extensions set forth in Chapter 5, section 5-II.E, of this plan will apply, including the requirement that the family apply for an extension in writing prior to the expiration of the initial voucher term.

Preapproval Contact with the Receiving PHA
Prior to approving a family's request to move under portability, the initial PHA must contact the receiving PHA via email or other confirmed delivery method to determine whether the receiving PHA will administer or absorb the family's voucher. Based on the receiving PHA's response, the initial PHA must determine whether it will approve or deny the move [24 CFR 982.355(c)(3)].

PHA Policy
The PHA will use email, when possible, to contact the receiving PHA regarding whether the receiving PHA will administer or absorb the family's voucher.

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receiving PHAs that serve the area. The PHA will not provide any additional information about receiving PHAs in the area. The PHA will further inform the family that if the family prefers not to select the receiving PHA, the initial PHA will select the receiving PHA on behalf of the family. In this case, the PHA will not provide the family with information for all receiving PHAs in the area.

The PHA will advise the family that they will be under the receiving PHA’s policies and procedures, including screening, subsidy standards, voucher extension policies, and payment standards.

PHA Policy
For participating families approved to move under portability, the PHA will issue a new voucher within 10 business days of the PHA’s written approval to move.

The initial term of the voucher will be 60 days.

Voucher Extensions and Expiration
PHA Policy
The initial PHA will approve no extensions to a voucher issued to an applicant or participant family porting out of the PHA’s jurisdiction except under the following circumstances: (a) the initial term of the voucher will expire before the portable family will be issued a voucher by the receiving PHA, (b) the family decides to return to the initial PHA’s jurisdiction and search for a unit there, or (c) the family decides to search for a unit in a third PHA’s jurisdiction. In such cases, the policies on voucher extensions set forth in Chapter 5, section 5-II.E, of this plan will apply, including the requirement that the family apply for an extension in writing prior to the expiration of the initial voucher term.

Preapproval Contact with the Receiving PHA
Prior to approving a family’s request to move under portability, the initial PHA must contact the receiving PHA via email or other confirmed delivery method to determine whether the receiving PHA will administer or absorb the family’s voucher. Based on the receiving PHA’s response, the initial PHA must determine whether it will approve or deny the move [24 CFR 982.355(c)(3)].

PHA Policy
The PHA will use email, when possible, to contact the receiving PHA regarding whether the receiving PHA will administer or absorb the family’s voucher.

Initial Notification to the Receiving PHA
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After approving a family's request to move under portability, the initial PHA must promptly notify the receiving PHA via email or other confirmed delivery method to expect the family [24 CFR 982.355(c)(3); 24 CFR 982.355(c)(7)]. The initial PHA must also advise the family how to contact and request assistance from the receiving PHA [24 CFR 982.355(c)(6)].

PHA Policy
Because the portability process is time-sensitive, the PHA will notify the receiving PHA by phone or email to expect the family. The initial PHA will also ask the receiving PHA to provide any information the family may need upon arrival, including the name, email address, and telephone number of the staff person responsible for business with incoming portable families and procedures related to appointments for voucher issuance. The PHA will pass this information along to the family. The PHA will also ask for the name, address, telephone number, and email of the person responsible for processing the billing information.

Sending Documentation to the Receiving PHA
The initial PHA is required to send the receiving PHA the following documents:
• Form HUD-52665, Family Portability Information, with Part I filled out [Notice PIII 2016-09]
• A copy of the family's voucher [Notice PIH 2016-09]
• A copy of the family's most recent form HUD-50058, Family Report, or, if necessary in the case of an applicant family, family and income information in a format similar to that of form HUD-50058 [24 CFR 982.355(c)(7), Notice PH 2016-09]
• Copies of the income verifications backing up the form HUD-50058, including a copy of the family's current EIV data [24 CFR 982.355(c)(7), Notice PH 2016-09] PHA Policy
In addition to these documents, the PHA will provide the following information, if available, to the receiving PHA:

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After approving a family’s request to move under portability, the initial PHA must promptly notify the receiving PHA via email or other confirmed delivery method to expect the family [24 CFR 982.355(c)(3); 24 CFR 982.355(c)(7)]. The initial PHA must also advise the family how to contact and request assistance from the receiving PHA [24 CFR 982.355(c)(6)].

Sending Documentation to the Receiving PHA
The initial PHA is required to send the receiving PHA the following documents:
• Form HUD-52665, Family Portability Information, with Part I filled out [Notice PIH 2016-09]
• A copy of the family’s voucher [Notice PIH 2016-09]
• A copy of the family’s most recent form HUD-50058, Family Report, or, if necessary in the case of an applicant family, family and income information in a format similar to that of form HUD-50058 [24 CFR 982.355(c)(7), Notice PIH 2016-09]
• Copies of the income verifications backing up the form HUD-50058, including a copy of the family’s current EIV data [24 CFR 982.355(c)(7), Notice PIH 2016-09] PHA Policy
In addition to these documents, the PHA will provide the following information, if available, to the receiving PHA:

Social security numbers (SSNs)
Documentation of SSNs for all nonexempt household members whose SSNs have not been verified through the EIV system
Documentation of legal identity
Documentation of citizenship or eligible immigration status Documentation of participation in the earned income disallowance (EID) benefit Documentation of participation in a family self-sufficiency (FSS) program If applicable, information related to the family’s health and medical care and disability assistance expense phased-in hardship exemption, including what stage the family is in and how many months remain in that phase-in stage The PHA will notify the family in writing regarding any information provided to the receiving PHA [HCV GB, p. 13-3].
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Initial Billing Deadline Notice NH 2016-09]
The deadline for submission of initial billing is 90 days following the expiration date of the voucher issued to the family by the initial PHA. In cases where suspension of the voucher delays the initial billing submission, the receiving PHA must notify the initial PHA of delayed billing before the billing deadline and document the delay is due to the suspension. In this case, the initial PHA must extend the billing deadline by 30 days.

If the initial PHA does not receive a billing notice by the deadline and does not intend to honor a late billing submission, it must notify the receiving PHA in writing. The initial PHA may report to HUD the receiving PHA's failure to comply with the deadline.

If the initial PHA will honor the late billing, no action is required.

PHA Policy
The initial PHA's decision as to whether to accept late billing will be based on internal PHA factors, including the initial PHA's leasing or funding status. If the PHA has not received an initial billing notice from the receiving PHA within the billing deadline and does not intend to honor the late billing, it will contact the receiving PHA to inform them that it will not honor a late billing submission and will return any subsequent billings that it receives on behalf of the family. In this case, the PHA will send the receiving PHA a written confirmation of its decision by mail.

Among other considerations as to whether to accept late billing will be if the family includes a person with disabilities and the late billing is a result of a reasonable accommodation granted to the family by the receiving PHA.

Monthly Billing Payments [24 CFR 982.355(e), Notice NH 2016-09] If the receiving PHA is administering the family's voucher, the receiving PHA bills the initial PHA for housing assistance payments and administrative fees. When reimbursing for administrative fees, the initial PHA must promptly reimburse the receiving PHA for the lesser of 80 percent of the initial PHA ongoing administrative fee or 100 percent of the receiving PHA's ongoing administrative fee for each program unit under contract on the first day of the month for which the receiving PHA is billing the initial PHA under portability. If the administrative fees are prorated for the HCV program, the proration will apply to the amount of the administrative fee for which the receiving PHA may bill [24 CFR 982.355(e)(2)].

The initial PHA is responsible for making billing payments in a timely manner. The first billing amount is due within 30 calendar days after the initial PHA receives Part II of form HUD-52665 from the receiving PHA. Subsequent payments must be received by the receiving PHA no later than the fifth business day of each month. The payments must be provided in a form and manner that the receiving PHA is able and willing to accept.

The initial PHA may not terminate or delay making payments under existing portability billing arrangements as a result of overleasing or funding shortfalls. The PHA must manage its tenant- based program in a manner that ensures that it has the financial ability to provide assistance for families that move out of its jurisdiction under portability and are not absorbed by receiving PHAs as well as for families that remain within its jurisdiction.

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Initial Billing Deadline [Notice PIH 2016-09]
The deadline for submission of initial billing is 90 days following the expiration date of the voucher issued to the family by the initial PHA. In cases where suspension of the voucher delays the initial billing submission, the receiving PHA must notify the initial PHA of delayed billing before the billing deadline and document the delay is due to the suspension. In this case, the initial PHA must extend the billing deadline by 30 days.

If the initial PHA will honor the late billing, no action is required.

PHA Policy
The initial PHA’s decision as to whether to accept late billing will be based on internal PHA factors, including the initial PHA’s leasing or funding status. If the PHA has not received an initial billing notice from the receiving PHA within the billing deadline and does not intend to honor the late billing, it will contact the receiving PHA to inform them that it will not honor a late billing submission and will return any subsequent billings that it receives on behalf of the family. In this case, the PHA will send the receiving PHA a written confirmation of its decision by mail.

Monthly Billing Payments [24 CFR 982.355(e), Notice PIH 2016-09] If the receiving PHA is administering the family’s voucher, the receiving PHA bills the initial PHA for housing assistance payments and administrative fees. When reimbursing for administrative fees, the initial PHA must promptly reimburse the receiving PHA for the lesser of 80 percent of the initial PHA ongoing administrative fee or 100 percent of the receiving PHA’s ongoing administrative fee for each program unit under contract on the first day of the month for which the receiving PHA is billing the initial PHA under portability. If the administrative fees are prorated for the HCV program, the proration will apply to the amount of the administrative fee for which the receiving PHA may bill [24 CFR 982.355(e)(2)].

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PHA Policy
The initial PHA will utilize direct deposit to ensure that the payment is received by the deadline unless the receiving PHA notifies the initial PHA that direct deposit is not acceptable to them. If the initial PHA extends the term of the voucher, the receiving PHA's voucher will expire 30 calendar days from the new expiration date of the initial PHA's voucher.

Annual Updates of Form HUD-50058
If the initial PHA is being billed on behalf of a portable family, it should receive an updated form HUD-50058 each year from the receiving PHA. If the initial PHA fails to receive an updated 50058 by the family's annual reexamination date, the initial PHA should contact the receiving PHA to verify the status of the family. The initial PHA must continue paying the receiving PHA based on the last form HUD-50058 received, unless instructed otherwise by HUD. The initial PHA may seek absorption of the vouchers by following steps outlined in Notice PH 2016-09.

Denial or Termination of Assistance [24 CFR 982.355(c)(17)1 At any time, either the initial PHA or the receiving PHA may make a determination to deny or terminate assistance with the family in accordance with 24 CFR 982.552 and 24 CFR 982.553. (For PHA policies on denial and termination, see Chapters 3 and 12, respectively.) 10-11k. RECEIVING PHA ROLE
If a family has a right to lease a unit in the receiving PHA's jurisdiction under portability, the receiving PHA must provide assistance for the family [24 CFR 982.355(10)]. HUD may determine in certain instances that a PHA is not required to accept incoming portable families, such as a PHA in a declared disaster area. However, the PHA must have approval in writing from HUD before refusing any incoming portable families [24 CFR 982.355(b)].

Administration of the voucher must be in accordance with the receiving PHA's policies. This requirement also applies to policies of Moving to Work agencies. The receiving PHA procedures and preferences for selection among eligible applicants do not apply to the family, and the receiving PHA waiting list is not used [24 CFR 982.355(c)(10)]. The family's unit, or voucher, size is determined in accordance with the subsidy standards of the receiving PHA [24 CFR 982.355(c)(12)], and the receiving PHA's policies on extensions of the voucher term apply [24 CFR 982.355(c)(14)].

Responding to Initial PHA's Request [24 CFR 982.355(c)] The receiving PHA must respond via email or other confirmed delivery method to the initial PHA's inquiry to determine whether the family's voucher will be billed or absorbed [24 CFR 982.355(c)(3)]. If the receiving PHA informs the initial PHA that it will be absorbing the voucher, the receiving PHA cannot reverse its decision at a later date without consent of the initial PHA (24 CFR 982.355(c)(4).

PHA Policy
The PHA will use email, when possible, to notify the initial PHA whether it will administer or absorb the family's voucher.

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PHA Policy
The initial PHA will utilize direct deposit to ensure that the payment is received by the deadline unless the receiving PHA notifies the initial PHA that direct deposit is not acceptable to them. If the initial PHA extends the term of the voucher, the receiving PHA’s voucher will expire 30 calendar days from the new expiration date of the initial PHA’s voucher.

Annual Updates of Form HUD-50058
If the initial PHA is being billed on behalf of a portable family, it should receive an updated form HUD-50058 each year from the receiving PHA. If the initial PHA fails to receive an updated 50058 by the family’s annual reexamination date, the initial PHA should contact the receiving PHA to verify the status of the family. The initial PHA must continue paying the receiving PHA based on the last form HUD-50058 received, unless instructed otherwise by HUD. The initial PHA may seek absorption of the vouchers by following steps outlined in Notice PIH 2016-09.

Denial or Termination of Assistance [24 CFR 982.355(c)(17)] At any time, either the initial PHA or the receiving PHA may make a determination to deny or terminate assistance with the family in accordance with 24 CFR 982.552 and 24 CFR 982.553. (For PHA policies on denial and termination, see Chapters 3 and 12, respectively.) 10-II.C. RECEIVING PHA ROLE
If a family has a right to lease a unit in the receiving PHA’s jurisdiction under portability, the receiving PHA must provide assistance for the family [24 CFR 982.355(10)]. HUD may determine in certain instances that a PHA is not required to accept incoming portable families, such as a PHA in a declared disaster area. However, the PHA must have approval in writing from HUD before refusing any incoming portable families [24 CFR 982.355(b)].

Administration of the voucher must be in accordance with the receiving PHA’s policies. This requirement also applies to policies of Moving to Work agencies. The receiving PHA procedures and preferences for selection among eligible applicants do not apply to the family, and the receiving PHA waiting list is not used [24 CFR 982.355(c)(10)]. The family’s unit, or voucher, size is determined in accordance with the subsidy standards of the receiving PHA [24 CFR 982.355(c)(12)], and the receiving PHA’s policies on extensions of the voucher term apply [24 CFR 982.355(c)(14)].

Responding to Initial PHA’s Request [24 CFR 982.355(c)] The receiving PHA must respond via email or other confirmed delivery method to the initial PHA’s inquiry to determine whether the family’s voucher will be billed or absorbed [24 CFR 982.355(c)(3)]. If the receiving PHA informs the initial PHA that it will be absorbing the voucher, the receiving PHA cannot reverse its decision at a later date without consent of the initial PHA (24 CFR 982.355(c)(4).

PHA Policy
The PHA will use email, when possible, to notify the initial PHA whether it will administer or absorb the family’s voucher.

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Initial Contact with Family
When a family moves into the PHA's jurisdiction under portability, the family is responsible for promptly contacting the PHA and complying with the PHA's procedures for incoming portable families. The family's failure to comply may result in denial or termination of the receiving PHA's voucher [24 CFR 982.355(c)(8)].

If the voucher issued to the family by the initial PHA has expired, the receiving PHA must contact the initial PHA to determine if it will extend the voucher [24 CFR 982.355(c)(13)]. An informal hearing is not required when a voucher has expired without the family leasing a unit.

If for any reason the receiving PHA refuses to process or provide assistance to a family under the portability procedures, the family must be given the opportunity for an informal review or hearing [Notice PH 2016-09]. (For more on this topic, see later under "Denial or Termination of Assistance.")
Briefing
HUD allows the receiving PHA to require a briefing for an incoming portable family as long as the requirement does not unduly delay the family's search [Notice PH 2016-09].

PHA Policy
The PHA will not require the family to attend a briefmg. The PHA will provide the family with a briefing packet (as described in Chapter 5) and, in an individual briefmg, will orally inform the family about the PHA's payment and subsidy standards, procedures for requesting approval of a unit, the unit inspection process, and the leasing process.

The PHA will suggest that the family attend a full briefing at a later date.

Income Eligibility and Reexamination
The receiving PHA does not redetermine eligibility for a portable family that was already receiving assistance in the initial PHA's voucher program [24 CFR 982.355(c)(9)]. If the receiving PHA opts to conduct a new reexamination for a current participant family, the receiving PHA may not delay issuing the family a voucher or otherwise delay approval of a unit [24 CFR 982.355(c)(11)].

PHA Policy
For any family moving into its jurisdiction under portability, the PHA will conduct a new reexamination of family income and composition. However, the PHA will not delay issuing the family a voucher for this reason. Nor will the PHA delay approving a unit for the family until the reexamination process is complete unless the family is an applicant and the PHA cannot otherwise confirm that the family is income eligible for admission to the program in the area where the unit is located.

In conducting its own reexamination, the PHA will rely upon any verifications provided by the initial PHA to the extent that they (a) accurately reflect the family's current circumstances and (b) were obtained within the last 120 days. Any new information may be verified by documents provided by the family and adjusted, if necessary, when third party verification is received.

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Initial Contact with Family
When a family moves into the PHA’s jurisdiction under portability, the family is responsible for promptly contacting the PHA and complying with the PHA’s procedures for incoming portable families. The family’s failure to comply may result in denial or termination of the receiving PHA’s voucher [24 CFR 982.355(c)(8)].

If for any reason the receiving PHA refuses to process or provide assistance to a family under the portability procedures, the family must be given the opportunity for an informal review or hearing [Notice PIH 2016-09]. (For more on this topic, see later under “Denial or Termination of Assistance.”)
Briefing
HUD allows the receiving PHA to require a briefing for an incoming portable family as long as the requirement does not unduly delay the family’s search [Notice PIH 2016-09].

PHA Policy
The PHA will not require the family to attend a briefing. The PHA will provide the family with a briefing packet (as described in Chapter 5) and, in an individual briefing, will orally inform the family about the PHA’s payment and subsidy standards, procedures for requesting approval of a unit, the unit inspection process, and the leasing process.

The PHA will suggest that the family attend a full briefing at a later date.

Income Eligibility and Reexamination
The receiving PHA does not redetermine eligibility for a portable family that was already receiving assistance in the initial PHA’s voucher program [24 CFR 982.355(c)(9)]. If the receiving PHA opts to conduct a new reexamination for a current participant family, the receiving PHA may not delay issuing the family a voucher or otherwise delay approval of a unit [24 CFR 982.355(c)(11)].

In conducting its own reexamination, the PHA will rely upon any verifications provided by the initial PHA to the extent that they (a) accurately reflect the family’s current circumstances and (b) were obtained within the last 120 days. Any new information may be verified by documents provided by the family and adjusted, if necessary, when third party verification is received.
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Voucher Issuance
When a family moves into its jurisdiction under portability, the receiving PHA is required to issue the family a voucher [24 CFR 982.355(c)(13)]. The family must submit a request for tenancy approval to the receiving PHA during the term of the receiving PHA's voucher [24 CFR 982.355(c)(15)].

Timing of Voucher Issuance
HUD expects the receiving PHA to issue the voucher within two weeks after receiving the family's paperwork from the initial PHA if the information is in order, the family has contacted the receiving PHA, and the family complies with the receiving PHA's procedures [Notice PH 2016-09].

PHA Policy
When a family ports into its jurisdiction, the PHA will issue the family a voucher based on the paperwork provided by the initial PHA unless the family's paperwork from the initial PHA is incomplete, the family's voucher from the initial PHA has expired or the family does not comply with the PHA's procedures. The PHA will update the family's information when verification has been completed.

Voucher Term
The term of the receiving PHA's voucher may not expire before 30 calendar days from the expiration of the initial PHA's voucher [24 CFR 982.355(c)(13)]. If the initial PHA extends the term of the voucher, the receiving PHA's voucher may not expire before 30 days from the new expiration date of the initial PHA's voucher [Notice PH 2016-09].

PHA Policy
The receiving PHA's voucher will expire 30 calendars days from the expiration date of the initial PHA's voucher. If the initial PHA extends the term of the voucher, the receiving PHA's voucher will expire 30 calendar days from the new expiration date of the initial PHA's voucher.

Voucher Extensions [24 CFR 982.355(c)(14), Notice 2016-091 Once the receiving PHA issues the portable family a voucher, the receiving PHA's policies on extensions of the voucher term apply. The receiving PHA must inform the initial PHA of any extension granted to the term of the voucher. It must also bear in mind the billing deadline provided by the initial PHA. Unless willing and able to absorb the family, the receiving PHA should ensure that any voucher expiration date would leave sufficient time to process a request for tenancy approval, execute a HAP contract, and deliver the initial billing to the initial PHA.

PHA Policy
The PHA generally will not extend the term of the voucher that it issues to an incoming portable family unless the PHA plans to absorb the family into its own program, in which case it will follow the policies on voucher extension set forth in section 5-II.E.

The PHA will consider an exception to this policy as a reasonable accommodation to a person with disabilities (see Chapter 2).

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Voucher Issuance
When a family moves into its jurisdiction under portability, the receiving PHA is required to issue the family a voucher [24 CFR 982.355(c)(13)]. The family must submit a request for tenancy approval to the receiving PHA during the term of the receiving PHA’s voucher [24 CFR 982.355(c)(15)].

Timing of Voucher Issuance
HUD expects the receiving PHA to issue the voucher within two weeks after receiving the family’s paperwork from the initial PHA if the information is in order, the family has contacted the receiving PHA, and the family complies with the receiving PHA’s procedures [Notice PIH 2016-09].

PHA Policy
When a family ports into its jurisdiction, the PHA will issue the family a voucher based on the paperwork provided by the initial PHA unless the family’s paperwork from the initial PHA is incomplete, the family’s voucher from the initial PHA has expired or the family does not comply with the PHA’s procedures. The PHA will update the family’s information when verification has been completed.

Voucher Term
The term of the receiving PHA’s voucher may not expire before 30 calendar days from the expiration of the initial PHA’s voucher [24 CFR 982.355(c)(13)]. If the initial PHA extends the term of the voucher, the receiving PHA’s voucher may not expire before 30 days from the new expiration date of the initial PHA’s voucher [Notice PIH 2016-09].

PHA Policy
The receiving PHA’s voucher will expire 30 calendars days from the expiration date of the initial PHA’s voucher. If the initial PHA extends the term of the voucher, the receiving PHA’s voucher will expire 30 calendar days from the new expiration date of the initial PHA’s voucher.

Voucher Extensions [24 CFR 982.355(c)(14), Notice 2016-09] Once the receiving PHA issues the portable family a voucher, the receiving PHA’s policies on extensions of the voucher term apply. The receiving PHA must inform the initial PHA of any extension granted to the term of the voucher. It must also bear in mind the billing deadline provided by the initial PHA. Unless willing and able to absorb the family, the receiving PHA should ensure that any voucher expiration date would leave sufficient time to process a request for tenancy approval, execute a HAP contract, and deliver the initial billing to the initial PHA.

The PHA will consider an exception to this policy as a reasonable accommodation to a person with disabilities (see Chapter 2).
168
Voucher Suspensions [24 CFR 982.303, 24 CFR 982.355(c)(15)] If the family submits a request for tenancy approval during the term of the receiving PHA's voucher, the PHA must suspend the term of that voucher. The term of the voucher stops from the date that the family submits a request for PHA approval of the tenancy until the date the PHA notifies the family in writing whether the request has been approved or denied [24 CFR 982.4(b)] (see Section 5-11.E).

Notifying the Initial PHA
The receiving PHA must promptly notify the initial PHA if the family has leased an eligible unit under the program or if the family fails to submit a request for tenancy approval for an eligible unit within the term of the receiving PHA's voucher [24 CFR 982.355(c)(16)]. The receiving PHA is required to use Part II of form HUD-52665, Family Portability Information, for this purpose [Notice PIH 2016-09]. (For more on this topic and the deadline for notification, see below under "Administering a Portable Family's Voucher.") If an incoming portable family ultimately decides not to lease in the jurisdiction of the receiving PHA but instead wishes to return to the initial PHA's jurisdiction or to search in another jurisdiction, the receiving PHA must refer the family back to the initial PHA. In such a case the voucher of record for the family is once again the voucher originally issued by the initial PHA.

Any extension of search time provided by the receiving PHA's voucher is only valid for the family's search in the receiving PHA's jurisdiction [Notice PH 2016-09].

Administering a Portable Family's Voucher
Portability Billing [24 CFR 982.355(e)]
To cover assistance for a portable family that was not absorbed, the receiving PHA bills the initial PHA for housing assistance payments and administrative fees. The amount of the housing assistance payment for a portable family in the receiving PHA's program is determined in the same manner as for other families in the receiving PHA's program.

The receiving PHA may bill the initial PHA for the lesser of 80 percent of the initial PHA's ongoing administrative fee or 100 percent of the receiving PHA's ongoing administrative fee for each program unit under contract on the first day of the month for which the receiving PHA is billing the initial PHA under portability. If the administrative fees are prorated for the HCV program, the proration will apply to the amount of the administrative fee for which the receiving PHA may bill (i.e., the receiving PHA may bill for the lesser of 80 percent of the initial PHA's prorated ongoing administrative fee or 100 percent of the receiving PHA's ongoing administrative fee).

If both PHAs agree, the PHAs may negotiate a different amount of reimbursement.

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Voucher Suspensions [24 CFR 982.303, 24 CFR 982.355(c)(15)] If the family submits a request for tenancy approval during the term of the receiving PHA’s voucher, the PHA must suspend the term of that voucher. The term of the voucher stops from the date that the family submits a request for PHA approval of the tenancy until the date the PHA notifies the family in writing whether the request has been approved or denied [24 CFR 982.4(b)] (see Section 5-II.E).

Notifying the Initial PHA
The receiving PHA must promptly notify the initial PHA if the family has leased an eligible unit under the program or if the family fails to submit a request for tenancy approval for an eligible unit within the term of the receiving PHA’s voucher [24 CFR 982.355(c)(16)]. The receiving PHA is required to use Part II of form HUD-52665, Family Portability Information, for this purpose [Notice PIH 2016-09]. (For more on this topic and the deadline for notification, see below under “Administering a Portable Family’s Voucher.”) If an incoming portable family ultimately decides not to lease in the jurisdiction of the receiving PHA but instead wishes to return to the initial PHA’s jurisdiction or to search in another jurisdiction, the receiving PHA must refer the family back to the initial PHA. In such a case the voucher of record for the family is once again the voucher originally issued by the initial PHA.

Any extension of search time provided by the receiving PHA’s voucher is only valid for the family’s search in the receiving PHA’s jurisdiction [Notice PIH 2016-09].

Administering a Portable Family’s Voucher
Portability Billing [24 CFR 982.355(e)]
To cover assistance for a portable family that was not absorbed, the receiving PHA bills the initial PHA for housing assistance payments and administrative fees. The amount of the housing assistance payment for a portable family in the receiving PHA’s program is determined in the same manner as for other families in the receiving PHA’s program.

The receiving PHA may bill the initial PHA for the lesser of 80 percent of the initial PHA’s ongoing administrative fee or 100 percent of the receiving PHA’s ongoing administrative fee for each program unit under contract on the first day of the month for which the receiving PHA is billing the initial PHA under portability. If the administrative fees are prorated for the HCV program, the proration will apply to the amount of the administrative fee for which the receiving PHA may bill (i.e., the receiving PHA may bill for the lesser of 80 percent of the initial PHA’s prorated ongoing administrative fee or 100 percent of the receiving PHA’s ongoing administrative fee).

If both PHAs agree, the PHAs may negotiate a different amount of reimbursement.

PHA Policy
Unless the PHA negotiates a different amount of reimbursement with the initial PHA, the PHA will bill the initial PHA the maximum amount of administrative fees allowed, ensuring any administrative fee proration has been properly applied. 169
Initial Billing Deadline
If a portable family's search for a unit is successful and the receiving PHA intends to administer the family's voucher, the receiving PHA must submit its initial billing notice (Part II of form HUD-52665) in time that the notice will be received no later than 90 days following the expiration date of the family's voucher issued by the initial PHA [Notice PHI 2016-09]. This deadline may be extended for 30 additional days if the delay is due to suspension of the voucher's term (see Initial Billing Section). A copy of the family's form HUD-50058, Family Report, completed by the receiving PHA must be attached to the initial billing notice. The receiving PHA may send these documents by mail or email.

PHA Policy
The PHA will send its initial billing notice by email, if necessary, to meet the billing deadline but will also send the notice by regular mail.

If the receiving PHA fails to send the initial billing by the deadline, it is required to absorb the family into its own program unless (a) the initial PHA is willing to accept the late submission or (b) HUD requires the initial PHA to honor the late submission (e.g., because the receiving PHA is overleased) [Notice PH 2016-09].

Ongoing Notification Responsibilities (Notice PIH 2016-09, HUD-526651 Annual Reexamination. The receiving PHA must send the initial PHA a copy of a portable family's updated form HUD-50058 after each annual reexamination for the duration of time the receiving PHA is billing the initial PHA on behalf of the family, regardless of whether there is a change in the billing amount.

PHA Policy
The PHA will send a copy of the updated HUD-50058 by regular mail no later than 10 business days after the effective date of the reexamination.

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Initial Billing Deadline
If a portable family’s search for a unit is successful and the receiving PHA intends to administer the family’s voucher, the receiving PHA must submit its initial billing notice (Part II of form HUD-52665) in time that the notice will be received no later than 90 days following the expiration date of the family’s voucher issued by the initial PHA [Notice PIH 2016-09]. This deadline may be extended for 30 additional days if the delay is due to suspension of the voucher’s term (see Initial Billing Section). A copy of the family’s form HUD-50058, Family Report, completed by the receiving PHA must be attached to the initial billing notice. The receiving PHA may send these documents by mail or email.

PHA Policy
The PHA will send its initial billing notice by email, if necessary, to meet the billing deadline but will also send the notice by regular mail.

Ongoing Notification Responsibilities [Notice PIH 2016-09, HUD-52665] Annual Reexamination. The receiving PHA must send the initial PHA a copy of a portable family’s updated form HUD-50058 after each annual reexamination for the duration of time the receiving PHA is billing the initial PHA on behalf of the family, regardless of whether there is a change in the billing amount.

PHA Policy
The PHA will send a copy of the updated HUD-50058 by regular mail no later than 10 business days after the effective date of the reexamination.

Change in Billing Amount. The receiving PHA is required to notify the initial PHA, using form HUD-52665, of any change in the billing amount for the family as a result of:
• A change in the HAP amount (because of a reexamination, a change in the applicable payment standard, a move to another unit, etc.)
• An abatement or subsequent resumption of the HAP payments • Termination of the HAP contract
• Payment of a damage/vacancy loss claim for the family • Termination of the family from the program
The timing of the notice of the change in the billing amount should correspond with the notification to the owner and the family in order to provide the initial PHA with advance notice of the change. Under no circumstances should the notification be later than 10 business days following the effective date of the change in the billing amount. If the receiving PHA fails to send Form HUD-52665 within 10 days of effective date of billing changes, the initial PHA is not responsible for any increase prior to notification. If the change resulted in a decrease in the monthly billing amount, the initial PHA will offset future monthly payments until the difference is reconciled.
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Late Payments /Notice PIH 2016-091
If the initial PHA fails to make a monthly payment for a portable family by the fifth business day of the month, the receiving PHA must promptly notify the initial PHA in writing of the deficiency. The notice must identify the family, the amount of the billing payment, the date the billing payment was due, and the date the billing payment was received (if it arrived late). The receiving PHA must send a copy of the notification to the Office of Public Housing (OPH) in the HUD area office with jurisdiction over the receiving PHA. If the initial PHA fails to correct the problem by the second month following the notification, the receiving PHA may request by memorandum to the director of the OPH with jurisdiction over the receiving PHA that HUD transfer the unit in question. A copy of the initial notification and any subsequent correspondence between the PHAs on the matter must be attached. The receiving PHA must send a copy of the memorandum to the initial PHA. If the OPH decides to grant the transfer, the billing arrangement on behalf of the family ceases with the transfer, but the initial PHA is still responsible for any outstanding payments due to the receiving PHA.

Overpayments /Notice PHI 2016-091
In all cases where the receiving PHA has received billing payments for billing arrangements no longer in effect, the receiving PHA is responsible for returning the full amount of the overpayment (including the portion provided for administrative fees) to the initial PHA.

In the event that HUD determines billing payments have continued for at least three months because the receiving PHA failed to notify the initial PHA that the billing arrangement was terminated, the receiving PHA must take the following steps:
• Return the full amount of the overpayment, including the portion provided for administrative fees, to the initial PHA.
• Once full payment has been returned, notify the Office of Public Housing in the HUD area office with jurisdiction over the receiving PHA of the date and the amount of reimbursement to the initial PHA.

At HUD's discretion, the receiving PHA will be subject to the sanctions spelled out in Notice PH 2016-09.

Denial or Termination of Assistance
At any time, the receiving PHA may make a determination to deny or terminate assistance to a portable family for family action or inaction [24 CFR 982.355(c)(17)].

In the case of a termination, the PHA should provide adequate notice of the effective date to the initial PHA to avoid having to return a payment. In no event should the receiving PHA fail to notify the initial PHA later than 10 business days following the effective date of the termination of the billing arrangement [HUD-52665; Notice PIII 2016-09].

PHA Policy
If the PHA elects to deny or terminate assistance for a portable family, the PHA will notify the initial PHA within 10 business days after the informal review or hearing if the denial or termination is upheld. The PHA will base its denial or termination decision on the policies set forth in Chapter 3 or Chapter 12, respectively. The informal review or Deleted: 7
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Late Payments [Notice PIH 2016-09]
If the initial PHA fails to make a monthly payment for a portable family by the fifth business day of the month, the receiving PHA must promptly notify the initial PHA in writing of the deficiency. The notice must identify the family, the amount of the billing payment, the date the billing payment was due, and the date the billing payment was received (if it arrived late). The receiving PHA must send a copy of the notification to the Office of Public Housing (OPH) in the HUD area office with jurisdiction over the receiving PHA. If the initial PHA fails to correct the problem by the second month following the notification, the receiving PHA may request by memorandum to the director of the OPH with jurisdiction over the receiving PHA that HUD transfer the unit in question. A copy of the initial notification and any subsequent correspondence between the PHAs on the matter must be attached. The receiving PHA must send a copy of the memorandum to the initial PHA. If the OPH decides to grant the transfer, the billing arrangement on behalf of the family ceases with the transfer, but the initial PHA is still responsible for any outstanding payments due to the receiving PHA.

Overpayments [Notice PIH 2016-09]
In all cases where the receiving PHA has received billing payments for billing arrangements no longer in effect, the receiving PHA is responsible for returning the full amount of the overpayment (including the portion provided for administrative fees) to the initial PHA.

At HUD’s discretion, the receiving PHA will be subject to the sanctions spelled out in Notice PIH 2016-09.

Denial or Termination of Assistance
At any time, the receiving PHA may make a determination to deny or terminate assistance to a portable family for family action or inaction [24 CFR 982.355(c)(17)].

PHA Policy
If the PHA elects to deny or terminate assistance for a portable family, the PHA will notify the initial PHA within 10 business days after the informal review or hearing if the denial or termination is upheld. The PHA will base its denial or termination decision on the policies set forth in Chapter 3 or Chapter 12, respectively. The informal review or 171
hearing will be held in accordance with the policies in Chapter 16. The receiving PHA will furnish the initial PHA with a copy of the review or hearing decision.

Absorbing a Portable Family
The receiving PHA may absorb an incoming portable family into its own program when the PHA executes a HAP contract on behalf of the family or at any time thereafter providing that the PHA has funding available under its annual contributions contract (ACC) [24 CFR 982.355(d)(1), Notice PIH 2016-09].

If the receiving PHA absorbs a family from the point of admission, the admission will be counted against the income targeting obligation of the receiving PHA [24 CFR 982.201(b)(2)(vii)].

If the receiving PHA absorbs a family after providing assistance for the family under a billing arrangement with the initial PHA, the receiving PHA must send an updated form HUD-52665 to the initial PHA no later than 10 business days following the effective date of the termination of the billing arrangement [Notice PHI 2016-09].

PHA Policy
If the PHA decides to absorb a portable family upon the execution of a HAP contract on behalf of the family, the PHA will notify the initial PHA by the initial billing deadline specified on form HUD-52665. The effective date of the HAP contract will be the effective date of the absorption.

If the PHA decides to absorb a family after that, it will provide the initial PHA with 30 days' advance notice, but no later than 10 business days following the effective date of the termination of the billing arrangement.

Following the absorption of an incoming portable family, the family is assisted with funds available under the consolidated ACC for the receiving PHA's voucher program [24 CFR 982.355(d)], and the receiving PHA becomes the initial PHA in any subsequent moves by the family under portability [24 CFR 982.355(e)(4)].

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hearing will be held in accordance with the policies in Chapter 16. The receiving PHA will furnish the initial PHA with a copy of the review or hearing decision.

If the receiving PHA absorbs a family from the point of admission, the admission will be counted against the income targeting obligation of the receiving PHA [24 CFR 982.201(b)(2)(vii)].

If the PHA decides to absorb a family after that, it will provide the initial PHA with 30 days’ advance notice, but no later than 10 business days following the effective date of the termination of the billing arrangement.

Following the absorption of an incoming portable family, the family is assisted with funds available under the consolidated ACC for the receiving PHA’s voucher program [24 CFR 982.355(d)], and the receiving PHA becomes the initial PHA in any subsequent moves by the family under portability [24 CFR 982.355(e)(4)].
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CITY OF TORRANCE PUBLIC HOUSING
AGENCY

ADMINISTRATIVE PLAN
December 1, 2025
3031 TORRANCE BOULEVARD

TORRANCE, CALIFORNIA
ATTACHMENT 3
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Introduction

HOTMA CHANGES IN THE ADMINSTRATIVE PLAN
HOTMA 102/104............................................................................................... Intro-i HOTMA Voucher Final Rule ........................................................................... Intro-ii

ABOUT THE ADMINISTRATIVE PLAN
References Cited in the Administrative Plan................................................... Intro-iii HUD................................................................................................................. Intro-iii NSPIRE and HQS in the Administrative Plan................................................. Intro-iv HOTMA Sections 102 And 104 Changes in the Model Policy....................... Intro-iv HOTMA Voucher Final Rule Changes in the Model Policy............................ Intro-v Resources Cited in the Administrative Plan ..................................................... Intro-v Chapter 1

OVERVIEW OF THE PROGRAM AND PLAN
PART I: THE PHA................................................................................................................ 1-1 1-I.A. Overview................................................................................................. 1-1 1-I.B. Organization and Structure of the PHA.................................................. 1-1 1-I.C. PHA Mission .......................................................................................... 1-1 1-I.D. The PHA’s Programs.............................................................................. 1-2 1-I.E. The PHA’s Commitment to Ethics and Service ..................................... 1-2 PART II: THE HOUSING CHOICE VOUCHER (HCV) PROGRAM................................. 1-3 1-II.A. Overview and History of the Program.................................................... 1-3 1-II.B. HCV Program Basics.............................................................................. 1-4 1-II.C. The HCV Partnerships............................................................................ 1-4 The HCV Relationships:................................................................... 1-5 What Does HUD Do? ....................................................................... 1-6 What Does the PHA Do?.................................................................. 1-6 What Does the Owner Do?............................................................... 1-6 What Does the Family Do?............................................................... 1-7 1-II.D. Applicable Regulations........................................................................... 1-8 PART III: THE HCV ADMINISTRATIVE PLAN................................................................. 1-9 1-III.A. Overview and Purpose of the Plan.......................................................... 1-9 1-III.B. Contents of the Plan (24CFR 982.54)..................................................... 1-9 Mandatory vs. Discretionary Policy ............................................... 1-11 1-III.C. Organization of the Plan ....................................................................... 1-11 1-III.D. Updating and Revising the Plan ........................................................... 1-11 174
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Chapter 2

FAIR HOUSING AND EQUAL OPPORTUNITY
PART I: NONDISCRIMINATION....................................................................................... 2-1 2-I.A. Overview................................................................................................. 2-1 2-I.B. Nondiscrimination .................................................................................. 2-1 Providing Information to Families and Owners ............................... 2-2 2-1.C Discrimination Complaints..................................................................... 2-2 General Housing Discrimination Complaints................................... 2-2 Complaints under the Equal Access Final Rule
[Notice PIH 2014-20] ....................................................................... 2-3 VAWA Complaint Processing [Notice FHEO 2023-01].................. 2-3 PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES............................. 2-5 2-II.A. Overview................................................................................................. 2-5 2-II.B. Definition of Reasonable Accommodation ............................................ 2-5 Types of Reasonable Accommodations............................................ 2-5 2-II.C. Request for an Accommodation ............................................................. 2-6 2-II.D. Verification of Disability........................................................................ 2-6 2-II.E. Approval/Denial of a Requested Accommodation
[Joint Statement of the Departments of HUD and Justice:

Reasonable Accommodations under the Fair Housing Act,
Notice PIH 2010-26]............................................................................... 2-7 2-II.F. Program Accessibility for Persons with Hearing
or Vision Impairments ........................................................................... 2-8 2-II.G. Physical Accessibility............................................................................. 2-8 2-II.H. Denial or Termination of Assistance ...................................................... 2-9 PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY (LEP)....................................................................... 2-10 2-III.A. Overview............................................................................................... 2-10 2-III.B. Oral Interpretation ................................................................................ 2-10 2-III.C. Written Translation............................................................................... 2-11 2-III.D. Implementation Plan............................................................................. 2-11 Exhibit 2-1: Definition of a Person with a Disability Under Federal Civil Rights Laws [24 CFR Parts 8.3, and 100.201]............................... 2-12 175
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Chapter 3

ELIGIBILITY
PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS.......................... 3-1 3-I.A. Overview................................................................................................. 3-1 3-I.B. Family and Household [24 CFR 5.403; FR Notice 02/03/12; Notice PIH 2014-20; FR Notice 2/14/23]............................................... 3-1 Family ............................................................................................... 3-1 Household ......................................................................................... 3-2 3-I.C. Family Breakup and Remaining Member of Tenant Family.................. 3-2 Family Breakup [24 CFR 982.315; Notice PIH 2017-08]................ 3-2 Remaining Member of a Tenant Family [24 CFR 5.403] ................ 3-3 3-I.D. Head of Household [24 CFR 5.504(b)] .................................................. 3-3 3-I.E. Spouse, Cohead, and Other Adult .......................................................... 3-3 3-I.F. Dependents and Minors [24 CFR 5.603]................................................ 3-4 Joint Custody of Dependents ............................................................ 3-4 3-I.G. Full-Time Student [24 CFR 5.603, HVC GB, p. 5-29] .......................... 3-4 3-I.H. Elderly and Near-Elderly Persons, and Elderly Family [24 CFR 5.100 and 5.403, FR Notice 02/03/12]..................................... 3-4 Elderly Persons ................................................................................ 3-4 Near-Elderly Persons ........................................................................ 3-4 Elderly Family .................................................................................. 3-4 3-I.I. Persons with Disabilities and Disabled Family [24 CFR 5.403, FR Notice 02/03/12] ............................................................................... 3-5 Persons with Disabilities................................................................... 3-5 Disabled Family................................................................................ 3-5 3-I.J. Guests [24 CFR 5.100] ........................................................................... 3-5 3-I.K. Foster Children and Foster Adults [24 CFR 5.603]................................ 3-5 3-I.L. Absent Family Members......................................................................... 3-6 Definitions of Temporarily and Permanently Absent....................... 3-7 Absent Students ................................................................................ 3-7 Absences Due to Placement in Foster Care [24 CFR 5.403]............ 3-7 Absent Head, Spouse, or Cohead ..................................................... 3-7 Family Members Permanently Confined for Medical Reasons [HCV GB, p. 5-22] ........................................................................... 3-7 Return of Permanently Absent Family Members ............................. 3-8 3-I.M. Live-In Aide............................................................................................ 3-8 176
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PART II: BASIC ELIGIBILITY CRITERIA......................................................................... 3-9 3-II.A. Income Eligibility and Targeting............................................................ 3-9 Income Limits................................................................................... 3-9 Definitions of the Income Limits [24 CFR 5.603(b)]....................... 3-9 Using Income Limits for Eligibility [24 CFR 982.201]
and Notice PIH 2023-27 ................................................................... 3-9 Using Income Limits for Targeting [24 CFR 982.201].................. 3-10 3-II.B. Citizenship or Eligible Immigration Status [24 CFR 5, Subpart E] ..... 3-10 Declaration [24 CFR 5.508] ........................................................... 3-10 Mixed Families ............................................................................... 3-11 Ineligible Families [24 CFR 5.514(d), (e), and (f)] ........................ 3-11 Timeframe for Determination of Citizenship Status
[24 CFR 5.508(g)] .......................................................................... 3-12 3-II.C. Social Security Numbers [24 CFR 5.216 and 5.218, Notice PIH 2018-24]............................................................................. 3-12 3-II.D. Family Consent to Release of Information [24 CFR 5.230, 24 CFR 5.232, and HCV GB, p. 5-13] ................................................. 3-13 3-II.E. Students Enrolled In Institutions of Higher Education [24 CFR 5.612, FR Notice 4/10/06, FR Notice 9/21/16]...................... 3-13 Definitions ...................................................................................... 3-14 Determining Student Eligibility...................................................... 3-16 3-II.F. EIV System Searches [EIV FAQs; EIV System Training 9/30/20; and Notice PIH 2023-27]...................................................................... 3-17 Existing Tenant Search ................................................................... 3-17 Debts Owed to PHAs and Terminations......................................... 3-18 EIV Income Report......................................................................... 3-18 177
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PART III: DENIAL OF ASSISTANCE ................................................................................ 3-19 3-III.A. Overview............................................................................................... 3-19 Forms of Denial [24 CFR 982.552(a)(2); HCV GB, p. 5-35] ........ 3-19 Prohibited Reasons for Denial of Program Assistance
[24 CFR 982.202(b), 24 CFR 5.2005(b)] ....................................... 3-20 3-III.B. Mandatory Denial of Assistance [24 CFR 982.553(a) and 24 CFR 982.552(b)(6)] .................................................................. 3-20 3-III.C. Restriction on Assistance Based on Assets [24 CFR 5.618] ................ 3-21 3-III.D. Other Permitted Reasons for Denial of Assistance .............................. 3-23 Criminal Activity [24 CFR 982.553].............................................. 3-23 Previous Behavior in Assisted Housing [24 CFR 982.552(c)]....... 3-24 3-III.E. Screening .............................................................................................. 3-25 Screening for Eligibility ................................................................. 3-25 Screening for Suitability as a Tenant [24 CFR 982.307]................ 3-26 3-III.F. Criteria for Deciding to Deny Assistance............................................. 3-27 Evidence [24 CFR 982.553(c)]....................................................... 3-27 Consideration of Circumstances [24 CFR 982.552(c)(2)].............. 3-27 Removal of a Family Member's Name from the Application......... 3-28 Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)] ............. 3-28 3-III.G. Notice of Eligibility or Denial .............................................................. 3-29 3-III.H. Prohibition Against Denial of Assistance to Victims of Domestic Violence, Dating Violence, Sexual Assault, Stalking.
and Human Trafficking......................................................................... 3-30 Notification ..................................................................................... 3-30 Documentation................................................................................ 3-31 Exhibit 3-1: Detailed Definitions Related to Disabilities ......................................................... 3-32 Person with Disabilities [24 CFR 5.403]........................................ 3-32 Individual with Handicaps [24 CFR 8.3]........................................ 3-33 Exhibit 3-2: Definition of Institution of Higher Education [20 U.S.C 1001 and 1002] ........... 3-35 Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Supplementary Guidance; Notice [Federal Register, April 10, 2006] ...................................... 3-35 178
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Chapter 4

APPLICATIONS, WAITING LIST AND TENANT SELECTION
PART I: THE APPLICATION PROCESS ........................................................................... 4-1 4-I.A. Overview................................................................................................. 4-1 4-I.B. Applying for Assistance
[HCV GB, pp. 4-11 – 4-16, Notice PIH 2009-36].................................. 4-1 4-I.C. Accessibility of the Application Process ................................................ 4-2 Elderly and Disabled Populations [24 CFR 8 and HCV GB,
pp. 4-11 – 4-13] ................................................................................ 4-2 Limited English Proficiency ............................................................. 4-2 4-I.D. Placement on the Waiting List................................................................ 4-2 Ineligible for Placement on the Waiting List.................................... 4-2 Eligible for Placement on the Waiting List ...................................... 4-2 PART II: MANAGING THE WAITING LIST...................................................................... 4-4 4-II.A. Overview................................................................................................. 4-4 4-II.B. Organization of the Waiting List [24 CFR 982.204 and 205] ................ 4-4 4-II.C. Opening and Closing the Waiting List [24 CFR 982.206] ..................... 4-5 Closing the Waiting List................................................................... 4-5 Reopening the Waiting List.............................................................. 4-5 4-II.D. Family Outreach [HCV GB, pp. 4-2 to 4-4]........................................... 4-5 4-II.E. Reporting Changes in Family Circumstances......................................... 4-6 4-II.F. Updating the Waiting List [24 CFR 982.204] ........................................ 4-6 Purging the Waiting List................................................................... 4-6 Removal from the Waiting List ........................................................ 4-7 PART III: SELECTION FOR HCV ASSISTANCE ............................................................... 4-8 4-III.A. Overview................................................................................................. 4-8 4-III.B. Selection and HCV Funding Sources ..................................................... 4-8 Special Admissions [24 CFR 982.203] ............................................ 4-8 Targeted Funding [24 CFR 982.204(e)] ........................................... 4-8 Regular HCV Funding...................................................................... 4-8 4-III.C. Selection Method .................................................................................... 4-9 Local Preferences [24 CFR 982.207; HCV p. 4-16] ........................ 4-9 Treatment of Single Applicants ...................................................................... 4-11 Income Targeting Requirement [24 CFR 982.201(b)(2)]............... 4-12 Order of Selection........................................................................... 4-12 4-III.D. Notification of Selection....................................................................... 4-13 4-III.E. The Application Interview.................................................................... 4-13 4-III.F. Completing the Application Process .................................................... 4-15 Exhibit 4-1: Local Preferences – Policy Options....................................................................... 4-17 Exhibit 4-2: Applicant Categories & Points Assigned .............................................................. 4-19 179
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Chapter 5

BRIEFINGS AND VOUCHER ISSUANCE
PART I: BRIEFINGS AND FAMILY OBLIGATIONS ...................................................... 5-1 5-I.A. Overview................................................................................................. 5-1 5-I.B. Briefing [24 CFR 982.301]..................................................................... 5-1 Notification of Briefing .................................................................... 5-1 In-Person Briefings........................................................................... 5-1 Remote Briefings [Notice PIH 2020-32].......................................... 5-2 Accessibility Requirements for Persons with
Disabilities and LEP Individuals ...................................................... 5-2 Conducting Remote Briefings .......................................................... 5-3 Oral Briefing [24 CFR 982.301(a)] .................................................. 5-4 Briefing Packet [24 CFR 982.301(b); New HCV GB,
Housing Search and Leasing, p. 7] ................................................... 5-4 Additional Items to be Included in the Briefing Packet ................... 5-6 5-I.C. Family Obligations ................................................................................ 5-6 Time Frames for Reporting Changes Required
by Family Obligations ...................................................................... 5-6 Family Obligations [24 CFR 982.551] ............................................. 5-6 PART II: SUBSIDY STANDARDS AND VOUCHER ISSUANCE.................................. 5-10 5-II.A. Overview............................................................................................... 5-10 5-II.B. Determining Family Unit (Voucher) Size [24 CFR 982.402] .............. 5-10 5-II.C. Exceptions to Subsidy Standards.......................................................... 5-11 5-II.D. Voucher Issuance [24 CFR 982.302].................................................... 5-11 5-II.E. Voucher Term and Extensions.............................................................. 5-12 Voucher Term [24 CFR 982.303]................................................... 5-12 Extensions of Voucher Term [24 CFR 982.303(b)] ....................... 5-12 Suspensions of Voucher Term [24 CFR 982.303(c)] ..................... 5-13 Expiration of Voucher Term........................................................... 5-13 180
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Chapter 6.A.

INCOME AND SUBSIDY DETERMINATIONS
[24 CFR Part 5, Subparts E and F; 24 CFR 982]
PART I: ANNUAL INCOME............................................................................................... 6-2 6-I.A. Overview................................................................................................. 6-2 6-I.B. Household Composition and Income...................................................... 6-3 Summary of Income Included and Excluded by Person................... 6-3 Temporarily Absent Family Members.............................................. 6-3 Family Members Permanently Confined for Medical Reasons........ 6-4 Joint Custody of Dependents ............................................................ 6-4 Caretakers for a Child....................................................................... 6-5 6-I.C. Anticipating Annual Income .................................................................. 6-5 Basis of Annual Income Projection .................................................. 6-5 Projecting Income............................................................................. 6-7 6-I.D. Earned Income ........................................................................................ 6-7 Types of Earned Income Included in Annual Income...................... 6-7 Types of Earned Income Not Counted in Annual Income ............... 6-7 6-I.E. Earned Income Disallowance for Persons with Disabilities [24 CFR 5.617; Streamlining Final Rule (SFR)
Federal Register 3/8/16; Notice PIH 2023-27]..................................... 6-10 Calculation of the Disallowance..................................................... 6-10 Calculation Method ........................................................................ 6-10 6-I.F. Business Income [24 CFR 5.609(b)(2)]................................................ 6-11 Business Expenses .......................................................................... 6-11 Business Expansion ........................................................................ 6-11 Capital Indebtedness....................................................................... 6-11 Negative Business Income.............................................................. 6-11 Withdrawal of Cash or Assets from a Business.............................. 6-12 Co-owned Businesses ..................................................................... 6-12 6-I.G. Assets [24 CFR 5.609(b)(3); 24 CFR 5.603(b)] ................................... 6-12 Overview......................................................................................... 6-12 General Policies .............................................................................. 6-12 Types of Assets............................................................................... 6-16 6-I.H. Periodic Payments ................................................................................ 6-19 Periodic Payments Included in Annual Income.............................. 6-19 Lump-Sum Payments for the Delayed Start of a
Periodic Payment ............................................................................ 6-19 Treatment of Overpayment Deductions from
Social Security Benefits.................................................................. 6-20 Periodic Payments Excluded from Annual Income........................ 6-20 6-I.I. Payments In Lieu of Earnings............................................................... 6-20 181
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6-I.J. Welfare Assistance ............................................................................... 6-21 Overview......................................................................................... 6-21 Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.615] ............................................................................... 6-21 6-I.K. Periodic and Determinable Allowances [24 CFR 5.609(b)(7)]............ 6-22 Alimony and Child Support............................................................ 6-22 Regular Contributions or Gifts ....................................................... 6-22 6-I.L. Student Financial Assistance [24 CFR 5.609(b)(9); Notice PIH 2015-21]............................................................................. 6-22 Student Financial Assistance Included in Annual Income
[24 CFR 5.609(b)(9) ); FR 4/10/06; Notice PIH 2015-21]............. 6-22 Student Financial Assistance Excluded from Annual Income [24 CFR 5.609(c)(6)] ...................................................................... 6-23 6-I.M. Additional Exclusions From Annual Income ....................................... 6-24 PART II: ADJUSTED INCOME.......................................................................................... 6-27 6-II.A. Introduction........................................................................................... 6-27 Overview......................................................................................... 6-27 Anticipating Expenses .................................................................... 6-27 6-II.B. Dependent Deduction ........................................................................... 6-28 6-II.C. Elderly or Disabled Family Deduction ................................................. 6-28 6-II.D. Medical Expenses Deduction [24 CFR 5.611(a)(3)(i)] ........................ 6-28 Definition of Medical Expenses...................................................... 6-28 Summary of Allowable Medical Expenses from IRS
Publication 502 ............................................................................... 6-28 Families That Qualify for Both Medical and Disability
Assistance Expenses ....................................................................... 6-29 6-II.E. Disability Assistance Expenses Deduction [24 CFR 5.603(b) and 24 CFR 5.611(a)(3)(ii)] ........................................................................ 6-29 Earned Income Limit on the Disability Assistance
Expense Deduction ......................................................................... 6-29 Eligible Disability Expenses........................................................... 6-30 Necessary and Reasonable Expenses.............................................. 6-31 Families That Qualify for Both Medical and Disability
Assistance Expenses ....................................................................... 6-31 6-II.F. Childcare Expense Deduction............................................................... 6-31 Clarifying the Meaning of Child for This Deduction ..................... 6-31 Qualifying for the Deduction.......................................................... 6-31 Earned Income Limit on Childcare Expense Deduction ................ 6-32 Eligible Childcare Expenses ........................................................... 6-33 182
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PART III: CALCULATING FAMILY SHARE AND PHA SUBSIDY............................... 6-34 6-III.A. Overview of Rent and Subsidy Calculations........................................ 6-34 TTP Formula [24 CFR 5.628] ........................................................ 6-34 Family Share [24 CFR 982.305(a)(5)]............................................ 6-34 PHA Subsidy [24 CFR 982.505(b)]................................................ 6-34 Utility Reimbursement [24 CFR 982.514(b); 982.514(c)] ............. 6-34 6-III.B. Financial Hardships Affecting Minimum Rent [24 CFR 5.630] .......... 6-35 Overview......................................................................................... 6-35 HUD-Defined Financial Hardship.................................................. 6-35 Implementation of Hardship Exemption ........................................ 6-36 6-III.C. Applying Payment Standards [24 CFR 982.505(c) and Notice PIH 2024-34]............................................................................. 6-38 Overview......................................................................................... 6-38 Changes in Payment Standards....................................................... 6-38 Reasonable Accommodation [24 CFR 982.503(d)(5)]................... 6-40 6-III.D. Applying Utility Allowances [24 CFR 982.517].................................. 6-41 Overview......................................................................................... 6-41 Flat Fees [24 CFR 982.517(b)(2)(iii)] ............................................ 6-41 PBV Developments [24 CFR 982.517(b)(2)(iv)] ........................... 6-41 Reasonable Accommodation and Individual Relief ....................... 6-41 Utility Allowance Revisions........................................................... 6-42 6-III.E. Prorated Assistance for Mixed Families [24 CFR 5.520]..................... 6-43 Exhibit 6-1: Annual Income Inclusions .................................................................................... 6-44 HHS Definition of "Assistance" ........................................................................... 6-45 Exhibit 6-2: Annual Income Exclusions ................................................................................... 6-47 Exhibit 6-3: Treatment of Family Assets.................................................................................. 6-49 Exhibit 6-4: The Effect of Welfare Benefit Reduction ............................................................. 6-50 183
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Chapter 6.B.

INCOME AND SUBSIDY DETERMINATIONS UNDER HOTMA 102/104
[24 CFR Part 5, Subparts E and F; 24 CFR 982]
PART I: ANNUAL INCOME............................................................................................. 6-54 6-I.A. Overview [24 CFR 5.609] .................................................................... 6-54 6-I.B. Household Composition and Income.................................................... 6-55 Overview......................................................................................... 6-55 Summary of Income Included and Excluded by Person................. 6-55 Temporarily Absent Family Members............................................ 6-55 Family Members Permanently Confined for Medical Reasons...... 6-56 Joint Custody of Dependents .......................................................... 6-56 Caretakers for a Child..................................................................... 6-57 6-I.C. Calculating Annual Income ................................................................. 6-57 Anticipating Annual Income [24 CFR 5.609(c)(1)] ....................... 6-57 Calculating Annual Income at Annual Reexamination
[24 CFR.609(c)(2); Notice PIH 2023-27] ...................................... 6-58 6-I.D. Earned Income ...................................................................................... 6-59 6-I.E. Earned Income Disallowance for Persons with Disabilities [24 CFR 5.617; Streamlining Final Rule (SFR)
Federal Register 3/8/16; Notice PIH 2023-27]..................................... 6-60 Calculation of the Disallowance..................................................... 6-60 Calculation Method ........................................................................ 6-60 6-I.F. Business and Self-Employment Income [24 CFR 5.609(b)(28); Notice PIH 2023-27]............................................................................. 6-61 Independent Contractors................................................................. 6-61 Business Expansion ........................................................................ 6-61 Capital Indebtedness....................................................................... 6-62 Negative Business Income.............................................................. 6-62 Withdrawal of Cash or Assets from a Business.............................. 6-62 Co-owned Businesses ..................................................................... 6-62 Assets Owned by a Business Entity................................................ 6-62 6-I.G. Student Financial Assistance [FR Notice 2/14/23
and Notice PIH 2023-27]...................................................................... 6-63 Introduction..................................................................................... 6-63 Pre-HOTMA Section 8 Student Financial Assistance
Limitation [FR 4/10/06; Notice PIH 2015-21] ............................... 6-63 HOTMA Student Financial Assistance Requirements
[24 CFR 5.609(b)(9)]...................................................................... 6-63 Calculating Income from Student Financial Assistance
[HOTMA Student Financial Assistance Resource Sheet;
Notice PIH 2023-27........................................................................ 6-65 184
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6-I.H. Periodic Payments ................................................................................ 6-69 Lump-Sum Payments for the Delayed Start of a
Periodic Payment [24 CFR 5.609(b)(16)] ...................................... 6-69 Retirement Accounts [24 CFR 5.609(b)(26);
Notice PIH 2023-27]....................................................................... 6-70 Social Security Benefits [Notice PIH 2023-27].............................. 6-70 Alimony and Child Support............................................................ 6-70 6-I.I. Nonrecurring Income [24 CFR 5.609(b)(24) and
Notice PIH 2023-27]............................................................................. 6-71 6-I.J. Welfare Assistance ............................................................................... 6-72 Overview......................................................................................... 6-72 Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.615] ............................................................................... 6-72 6-I.K. State Payments to Allow Individuals with Disabilities to Live at Home [24 CFR 5.609(b)(19)]................................................. 6-73 6-I.L. Civil Rights Settlements [24 CFR 5.609(b)(25);
FR Notice 2/14/23] ............................................................................... 6-73 6-I.M. Additional Exclusions From Annual Income
[24 CFR 5.609(b); FR Notice 1/31/2024]............................................. 6-74 PART II: ASSETS ................................................................................................................ 6-80 6-II.A. Overview............................................................................................... 6-80 6-II.B. Assets Disposed of for Less Than Fair Market Value [24 CFR 5.603(b)(2)]............................................................................ 6-80 6-II.C. Asset Inclusions and Exclusions........................................................... 6-81 6-II.D. Determining Income from Assets......................................................... 6-89 PART III: ADJUSTED INCOME.......................................................................................... 6-91 6-III.A. Introduction........................................................................................... 6-91 Overview......................................................................................... 6-91 Anticipating Expenses .................................................................... 6-91 6-III.B. Dependent Deduction ........................................................................... 6-92 6-III.C. Elderly or Disabled Family Deduction ................................................. 6-92 6-III.D. Health and Medical Care Expenses Deduction
[24 CFR 5.611(a)(3)(i) and 5.603(b)]................................................... 6-92 Definition of Medical Expenses...................................................... 6-92 Families That Qualify for Both and Medical and
Disability Assistance Expenses ...................................................... 6-94 6-III.E. Disability Assistance Expenses Deduction [24 CFR 5.603(b) and 24 CFR 5.611(a)(3)(ii)] ........................................................................ 6-95 Earned Income Limit on the Disability Assistance
Expense Deduction ......................................................................... 6-95 Necessary and Reasonable Expenses.............................................. 6-96 Families That Qualify for Both Health and Medical and
Disability Assistance Expenses ...................................................... 6-96 185
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6-III.F. Childcare Expense Deduction............................................................... 6-96 Clarifying the Meaning of Child for This Deduction ..................... 6-96 Qualifying for the Deduction.......................................................... 6-97 Earned Income Limit on Childcare Expense Deduction ................ 6-97 Eligible Childcare Expenses ........................................................... 6-98 6-III.G. Hardship Exemptions [24 CFR 5.611(c), (d), and (e)] ......................... 6-99 Health and Medical Care and Disability Assistance
Expenses [24 CFR 5.611(c); Notice PIH 2023-27] ........................ 6-99 Phased-In Relief.............................................................................. 6-99 General Relief`.............................................................................. 6-100 Childcare Expense Hardship Exemption [24 CFR 5.611(d)
and Notice PIH 2023-27].............................................................. 6-102 6-III.H. Permissive Deductions [24 CFR 5.611(b)(1)(ii)] ............................... 6-104 PART IV: CALCULATING FAMILY SHARE AND PHA SUBSIDY............................. 6-105 6-IV.A. Overview of Rent and Subsidy Calculations...................................... 6-105 TTP Formula [24 CFR 5.628] ...................................................... 6-105 Family Share [24 CFR 982.305(a)(5)].......................................... 6-105 PHA Subsidy [24 CFR 982.505(b)].............................................. 6-105 Utility Reimbursement [24 CFR 982.514(b); 982.514(c)] ........... 6-105 6-IV.B. Financial Hardships Affecting Minimum Rent [24 CFR 5.630] ........ 6-106 Overview....................................................................................... 6-106 HUD-Defined Financial Hardship................................................ 6-106 Implementation of Hardship Exemption ...................................... 6-107 6-IV.C. Applying Payment Standards [24 CFR 982.505(c) and Notice PIH 2024 34]........................................................................... 6-109 Overview....................................................................................... 6-109 Changes in Payment Standards..................................................... 6-109 Reasonable Accommodation [24 CFR 982.503(d)(5)]................. 6-111 6-IV.D. Applying Utility Allowances [24 CFR 982.517]................................ 6-112 Overview....................................................................................... 6-112 Flat Fees [24 CFR 982.517(b)(2)(iii)] .......................................... 6-112 PBV Developments [24 CFR 982.517(b)(2)(iv)] ......................... 6-112 Reasonable Accommodation and Individual Relief ..................... 6-112 Utility Allowance Revisions......................................................... 6-113 6-III.E. Prorated Assistance for Mixed Families [24 CFR 5.520]................... 6-114 Exhibit 6-1: Annual Income Full Definition........................................................................... 6-115 Exhibit 6-2: Treatment of Family Assets................................................................................ 6-120 Exhibit 6-3: The Effect of Welfare Benefit Reduction ........................................................... 6-121 186
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Chapter 7.A.

VERIFICATION
[24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230, Notice PIH 2018-18] PART I: GENERAL VERIFICATION REQUIREMENTS ................................................. 7-1 7-I.A. Family Consent to Release of Information [24 CFR 982.516 and 982.551, 24 CFR 5.230]................................................................... 7-1 Consent Forms .................................................................................. 7-1 Form HUD-9886-A [24 CFR 5.230(b)(1), b(2), (c)(4),
and (c)(5); and Notice PIH 2023-27]................................................ 7-2 Penalties for Failing to Consent [24 CFR 5.232] ............................. 7-2 7-I.B. Overview of Verification Requirements................................................. 7-3 Use of Other Programs’ Income Determinations
[24 CFR 5.609(c)(3) and Notice PIH 2023-27]................................ 7-3 HUD’s Verification Hierarchy [Notice PIH 2018-18] ..................... 7-5 Requirements for Acceptable Documents ........................................ 7-6 File Documentation .......................................................................... 7-6 7-I.C. Up-Front Income Verification (UIV) ..................................................... 7-7 Upfront Income Verification Using HUD’s Enterprise Income Verification (EIV) System (Mandatory)........................................... 7-7 Upfront Income Verification Using Non-HUD
Systems (Optional) ........................................................................... 7-8 7-I.D. Third-Party Written and Oral Verification ............................................. 7-8 Written Third-Party Verification [Notice PIH 2018-18] .................. 7-8 Written Third-Party Verification Form ............................................ 7-9 Oral Third-Party Verification [Notice PIH 2018-18] ....................... 7-9 When Third-Party Verification is Not Required
[Notice PIH 2018-18] ..................................................................... 7-10 7-I.E. Self-Certification .................................................................................. 7-11 PART II: VERIFYING FAMILY INFORMATION............................................................ 7-12 7-II.A. Verification of Legal Identity ............................................................... 7-12 7-II.B. Social Security Numbers [24 CFR 5.216, Notice PIH 2018-24].......... 7-12 7-II.C. Documentation of Age.......................................................................... 7-14 7-II.D. Family Relationships ............................................................................ 7-15 Marriage.......................................................................................... 7-15 Separation or Divorce ..................................................................... 7-15 Absence of Adult Member.............................................................. 7-15 Foster Children and Foster Adults.................................................. 7-16 7-II.E. Verification of Student Status............................................................... 7-16 General Requirements .................................................................... 7-16 Restrictions on Assistance to Students Enrolled in
Institutions of Higher Education..................................................... 7-16 7-II.F. Documentation of Disability................................................................. 7-17 Family Members Receiving SSA Disability Benefits .................... 7-18 Family Members Not Receiving SSA Disability Benefits ............. 7-18 187
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7-II.G. Citizenship or Eligible Immigration Status [24 CFR 5.508] ................ 7-18 Overview......................................................................................... 7-18 U.S. Citizens and Nationals ............................................................ 7-19 Eligible Immigrants ........................................................................ 7-19 7-II.H. Verification of Preference Status.......................................................... 7-19 PART III: VERIFYING INCOME AND ASSETS ............................................................... 7-21 7-III.A. Earned Income ...................................................................................... 7-21 Tips ................................................................................................. 7-21 Wages ............................................................................................. 7-21 7-III.B. Business and Self Employment Income ............................................... 7-21 7-III.C. Periodic Payments and Payments In Lieu of Earnings......................... 7-22 Social Security/SSI Benefits........................................................... 7-22 7-III.D. Alimony or Child Support .................................................................... 7-22 7-III.E. Assets and Income From Assets ........................................................... 7-23 Assets Disposed of for Less than Fair Market Value ..................... 7-23 7-III.F. Net Income From Rental Property........................................................ 7-24 7-III.G. Retirement Accounts ............................................................................ 7-24 7-III.H. Income From Excluded Sources........................................................... 7-24 7-III.I. Zero Income Families [Notice PIH 2023-27]....................................... 7-25 7-III.J. Student Financial Assistance [Notice PIH 2015-21]............................ 7-26 7-III.K. Parental Income of Students Subject to Eligibility Restrictions........... 7-26 PART IV: VERIFYING MANDATORY DEDUCTIONS ................................................... 7-28 7-IV.A. Dependent and Elderly/Disabled Household Deductions..................... 7-28 Dependent Deduction ..................................................................... 7-28 Elderly/Disabled Family Deduction ............................................... 7-28 7-IV.B. Medical Expense Deduction ................................................................. 7-28 Amount of Expense ........................................................................ 7-28 Eligible Household ......................................................................... 7-29 Qualified Expenses ......................................................................... 7-29 Unreimbursed Expenses ................................................................. 7-29 Expenses Incurred in Past Years..................................................... 7-29 7-IV.C. Disability Assistance Expenses ............................................................ 7-29 Amount of Expense ........................................................................ 7-29 Family Member is a Person with Disabilities................................. 7-30 Family Member(s) Permitted to Work ........................................... 7-30 Unreimbursed Expenses ................................................................. 7-31 7-IV.D. Childcare Expenses............................................................................... 7-31 Eligible Child.................................................................................. 7-31 Unreimbursed Expense................................................................... 7-31 Pursuing an Eligible Activity ......................................................... 7-31 Allowable Type of Childcare.......................................................... 7-32 Reasonableness of Expenses........................................................... 7-33 Exhibit 7-1: Summary of Documentation Requirements for Noncitizens [HCV GB, pp. 5-9 and 5-10]................................................................................ 7-34 188
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Chapter 7.B.

VERIFICATION UNDER HOTMA 102/104
[24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230, Notice PIH 2023-27] PART I: GENERAL VERIFICATION REQUIREMENTS ............................................... 7-35 7-I.A. Family Consent to Release of Information [24 CFR 982.516; 24 CFR 982.551; 24 CFR 5.230; and Notice PIH 2023-27] ................ 7-35 Consent Forms ................................................................................ 7-35 Form HUD-9886-A [24 CFR 5.230(b)(1), b(2), (c)(4),
and (c)(5); and Notice PIH 2023-27].............................................. 7-36 Penalties for Failing to Consent [24 CFR 5.232] ........................... 7-37 7-I.B. Use of Other Programs’ Income Determinations
[24 CFR 5.609(c)(3) and Notice PIH 2023-27].................................... 7-38 7-I.C. Streamlined Income Determinations [24 CFR 960.257(c); Notice PIH 2023-27]............................................................................. 7-42 7-I.D. Verification Hierarchy [Notice PIH 2023-27]...................................... 7-44 File Documentation ........................................................................ 7-44 7-I.E. Level 5 and 6 Verifications: Up-Front Income Verification (UIV) ..... 7-45 HUD’s Enterprise Income Verification (EIV) System
(Mandatory) .................................................................................... 7-45 Upfront Income Verification Using Non-HUD Systems................ 7-48 7-I.F. Level 4 Verification [Notice PIH 2023-27].......................................... 7-49 EIV + Self-Certification ................................................................. 7-49 Written Third-Party Verification from the Source ......................... 7-49 7-I.G. Level 3 Verification: Written, Third-Party Form
[Notice PIH 2023-27] ........................................................................... 7-51 7-I.H. Level 2: Oral Third-Party Verification [Notice PIH 2023-27]............. 7-51 When Third-Party Verification is Not Required
[Notice PIH 2023-27] ..................................................................... 7-52 7-I.I. Level 1: Non-Third-Party Verification:

Self-Certification [Notice PIH 2023-27] .............................................. 7-53 PART II: VERIFYING FAMILY INFORMATION............................................................ 7-54 7-II.A. Verification of Legal Identity ............................................................... 7-54 7-II.B. Social Security Numbers [24 CFR 5.216, Notice PIH 2023-27].......... 7-55 7-II.C. Documentation of Age.......................................................................... 7-57 7-II.D. Family Relationships ............................................................................ 7-58 Marriage.......................................................................................... 7-58 Separation or Divorce ..................................................................... 7-58 Absence of Adult Member.............................................................. 7-58 Foster Children and Foster Adults.................................................. 7-58 7-II.E. Verification of Student Status............................................................... 7-59 General Requirements .................................................................... 7-59 Restrictions on Assistance to Students Enrolled in
Institutions of Higher Education..................................................... 7-59 189
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7-II.F. Documentation of Disability................................................................. 7-60 Family Members Receiving SSA Disability Benefits .................... 7-61 Family Members Not Receiving SSA Disability Benefits ............. 7-61 7-II.G. Citizenship or Eligible Immigration Status [24 CFR 5.508] ................ 7-61 Overview......................................................................................... 7-61 U.S. Citizens and Nationals ............................................................ 7-61 Eligible Immigrants ........................................................................ 7-62 7-II.H. Verification of Preference Status.......................................................... 7-62 PART III: VERIFYING INCOME AND ASSETS ............................................................... 7-63 7-III.A. Earned Income ...................................................................................... 7-63 Tips ................................................................................................. 7-63 Wages ............................................................................................. 7-63 7-III.B. Business and Self Employment Income ............................................... 7-63 7-III.C. Periodic Payments and Payments In Lieu of Earnings......................... 7-64 Social Security/SSI Benefits [Notice PIH 2023-27]....................... 7-64 7-III.D. Alimony or Child Support [Notice PIH 2023-27] ................................ 7-65 7-III.E. Nonrecurring Income [Notice PIH 2023-27]........................................ 7-65 7-III.F. Assets and Income From Assets ........................................................... 7-66 Net Family Assets [24 CFR 5.603]................................................. 7-66 Self-Certification of Real Property Ownership
[24 CFR 5.618(b)(2); Notice PIH 2023-27] ................................... 7-67 7-III.G. Net Income From Rental Property........................................................ 7-67 7-III.H. Federal Tax Refunds or Refundable Tax Credits
[Notice PIH 2023-27] ........................................................................... 7-67 7-III.I. Retirement Accounts ............................................................................ 7-68 7-III.J. Income From Excluded Sources [Notice PIH 2023-27]....................... 7-68 7-III.K. Zero Income Families [Notice PIH 2023-27]....................................... 7-68 7-III.L. Student Financial Assistance [24 CFR 5.609(b)(9)]............................. 7-69 7-III.M. Parental Income of Students Subject to Eligibility Restrictions........... 7-70 PART IV: VERIFYING MANDATORY DEDUCTIONS ................................................... 7-71 7-IV.A. Dependent and Elderly/Disabled Household Deductions..................... 7-71 Dependent Deduction ..................................................................... 7-71 Elderly/Disabled Family Deduction ............................................... 7-71 7-IV.B. Health and Medical Care Expense Deduction ...................................... 7-71 Amount of Expense ........................................................................ 7-71 Eligible Household ......................................................................... 7-72 Qualified Expenses ......................................................................... 7-72 Unreimbursed Expenses ................................................................. 7-72 Expenses Incurred in Past Years..................................................... 7-72 7-IV.C. Disability Assistance Expenses ............................................................ 7-73 Amount of Expense ........................................................................ 7-73 Family Member is a Person with Disabilities................................. 7-74 Family Member(s) Permitted to Work ........................................... 7-74 Unreimbursed Expenses ................................................................. 7-74 190
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7-IV.D. Childcare Expenses............................................................................... 7-75 Eligible Child.................................................................................. 7-75 Unreimbursed Expense................................................................... 7-75 Pursuing an Eligible Activity ......................................................... 7-75 Allowable Type of Childcare.......................................................... 7-76 Reasonableness of Expenses........................................................... 7-76 Exhibit 7-1: Summary of Documentation Requirements for Noncitizens [HCV GB, pp. 5-9 and 5-10]................................................................................ 7-77 191
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Chapter 8.A.

HOUSING QUALITY STANDARDS AND RENT REASONABLENESS

DETERMINATIONS
[24 CFR 982 Subpart I and 24 CFR 982.507]
NSPIRE AND HQS ..................................................................................................................... 8-1 PART I: PHYSICAL STANDARDS.................................................................................... 8-2 8-I.A. General HUD Requirements................................................................... 8-2 HUD Performance and Acceptability Standards .............................. 8-2 NSPIRE Standards Applicable to HQS [HUD Letter 6/14/24]........ 8-2 Tenant Preference Items ................................................................... 8-3 Modifications to Provide Accessibility ............................................ 8-3 8-I.B. Additional Local Requirements.............................................................. 8-3 Thermal Environment [HCV GB p.10-7]......................................... 8-3 Clarifications of HUD Requirements ............................................... 8-4 8-I.C. Life-Threatening Conditions [24 CFR 982.404(a);
FR Notice 1/18/17] ................................................................................. 8-5 8-I.D. Owner and Family Responsibilities [24 CFR 982.404].......................... 8-7 The following is applicable to HAP contracts executed
or renewed June 5, 2024, or earlier: ................................................. 8-7 Family Responsibilities .................................................................... 8-7 Owner Responsibilities..................................................................... 8-7 The following is applicable to HAP contracts executed
or renewed June 6, 2024, or later:..................................................... 8-8 Owner Obligation ............................................................................. 8-8 Family Responsibilities .................................................................... 8-8 8-I-E. Special Requirements for Children with Elevated Blood Lead Level [24 CFR 35.1225; FR Notice 1/13/17;
Notice PIH 2017-13]............................................................................... 8-9 8-I-F. Violation of HQS Space Standards
[24 CFR 982.401, 24 CFR 982.403]....................................................... 8-9 PART II: THE INSPECTION PROCESS ............................................................................ 8-11 8-II.A. Overview [24 CFR 982.405] ................................................................ 8-11 Types of Inspections ....................................................................... 8-11 Inspection of PHA-Owned Units [24 CFR 982.352(b)]................. 8-11 Inspection Costs [Notice PIH 2016-05; 24 CFR 5.705(h)] ............ 8-11 Remote Video Inspections (RVIs) [Notice PIH 2020-31].............. 8-12 Notice and Scheduling.................................................................... 8-12 Owner and Family Inspection Attendance ..................................... 8-12 192
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8-II.B. Initial HQS Inspection [24 CFR 982.405(a)] ....................................... 8-13 Approving Units with Non-Life-Threatening Deficiencies
[FR Notice 1/18/17; Notice PIH 2017-20; FR Notice 5/7/24; and 24 CFR 982.405(j)].................................................................. 8-13 Approving Units Using Alternative Inspections
[FR Notice 1/18/17; Notice PIH 2017-20; FR Notice 5/7/24; and 24 CFR 982.406]...................................................................... 8-13 Timing of Initial Inspections [24 CFR 982.305(b)(2)(i)] ............... 8-14 Inspection Results and Reinspections............................................. 8-14 Utilities ........................................................................................... 8-14 Appliances [Form HUD-52580]..................................................... 8-14 8-II.C. Periodic HQS Inspections [24 CFR 982.405(b) and Notice PIH 2016-05]............................................................................. 8-15 Scheduling the Inspection............................................................... 8-15 8-II.D. Special Interim Inspections [24 CFR 982.405(d)]................................ 8-15 8-II.E. Supervisory Quality Control Inspections [24 CFR 982.405(b); 24 CFR 985.3(e); HCV GB, p. 10-32]................................................. 8-16 8-II.F. Inspection Results and Reinspections for Units
Under HAP Contract............................................................................. 8-16 The following is applicable to HAP contracts executed
or renewed June 5, 2024, or earlier: ............................................... 8-16 Notification of Corrective Actions ................................................. 8-16 The following is applicable to HAP contracts executed
or renewed June 6, 2024, or later:................................................... 8-17 Notification of Corrective Actions [24 CFR 982.404(d)(1)].......... 8-17 Extensions....................................................................................... 8-18 Reinspections [24 CFR 982.405(i)]................................................ 8-18 8-II.G. Enforcing Owner Compliance .............................................................. 8-19 The following is applicable to HAP contracts executed
or renewed June 5, 2024, or earlier: ............................................... 8-19 HAP Abatement.............................................................................. 8-19 HAP Contract Termination............................................................. 8-19 The following is applicable to HAP contracts executed
or renewed June 6, 2024, or later:................................................... 8-20 HAP Withholding [24 CFR 982.404(d)(1)].................................... 8-20 HAP Abatement [24 CFR 982.404(d)(2)] ...................................... 8-20 HAP Contract Termination............................................................. 8-20 8-II.H. Enforcing Family Compliance with HQS [24 CFR 982.404(b)].......... 8-21 The following is applicable to HAP contracts executed
or renewed June 5, 2024, or earlier: ............................................... 8-21 The following is applicable to HAP contracts executed
or renewed June 6, 2024, or later:................................................... 8-21 193
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PART III: RENT REASONABLENESS [24 CFR 982.507]................................................. 8-22 8-III.A. Overview............................................................................................... 8-22 PHA-Owned Units [24 CFR 982.352(b)]....................................... 8-22 8-III.B. When Rent Reasonableness Determinations Are Required.................. 8-22 Owner-Initiated Rent Determinations............................................. 8-22 PHA- and HUD-Initiated Rent Reasonableness Determinations ... 8-23 LIHTC- and HOME-Assisted Units [24 CFR 982.507(c) ............. 8-23 8-III.C. How Comparability Is Established ....................................................... 8-23 Factors to Consider ......................................................................... 8-23 Units that Must Not be Used as Comparables ................................ 8-24 Rents Charged for Other Units on the Premises............................. 8-24 8-III.D. PHA Rent Reasonableness Methodology............................................. 8-24 How Market Data Is Collected ....................................................... 8-24 How Rents Are Determined............................................................ 8-24 Exhibit 8-1: Overview of HUD Housing Quality Standards .................................................... 8-26 Exhibit 8-2: Summary of Tenant Preference Areas Related to Housing Quality ..................... 8-29 194
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Chapter 8.B.

NATIONAL STANDARDS FOR THE PHYSICAL INSPECTION OF REAL ESTATE

AND RENT REASONABLENESS DETERMINATIONS
[24 CFR 5 Subpart G and Notice PIH 2024-26]
NSPIRE AND HQS ................................................................................................................... 8-32 PART I: NSPIRE STANDARDS........................................................................................ 8-33 8-I.A. Inspectable Areas [24 CFR 5.703(a)(1) and
24 CFR 5.705(a)(2)] ............................................................................. 8-33 8-I.B. Affirmative Habitability Requirements
[24 CFR 5.703(b), (c), and (d)]............................................................. 8-33 8-I.C. Modifications to Provide Accessibility
[24 CFR 100.203; Notice 2003-31; and Notice PIH 2014-02]............. 8-33 8-I.D. Additional Local Requirements
[24 CFR 5.705(a)(3) and Notice PIH 2024-26].................................... 8-34 8-I.E. Life-Threatening Deficiencies [Notice PIH 2024-26].......................... 8-34 8-I.F. Owner and Family Responsibilities [24 CFR 982.404]........................ 8-36 The following is applicable to HAP contracts executed
or renewed June 5, 2024, or earlier: ............................................... 8-36 Family Responsibilities .................................................................. 8-36 Owner Responsibilities................................................................... 8-37 The following is applicable to HAP contracts executed
or renewed June 6, 2024, or later.................................................... 8-37 Owner Obligation ........................................................................... 8-37 Family Responsibilities .................................................................. 8-38 8-I.G. Lead-Based Paint .................................................................................. 8-38 Special Requirements for Children with Elevated Blood
Lead Level [24 CFR 35.1225; FR Notice 1/13/17;
Notice PIH 2017-13]....................................................................... 8-39 8-I-H. Violation of Space Standards [24 CFR 5.703(d)(5)]............................ 8-39 PART II: THE INSPECTION PROCESS ............................................................................ 8-40 8-II.A. Overview [24 CFR 982.405] ................................................................ 8-40 Types of Inspections ....................................................................... 8-40 Inspection of PHA-Owned Units [24 CFR 982.352(b)]................. 8-40 Inspection Costs [Notice PIH 2016-05 and 24 CFR 5.705(h)]....... 8-40 Remote Video Inspections (RVIs) [Notice PIH 2020-31].............. 8-41 Notice and Scheduling.................................................................... 8-41 Owner and Family Inspection Attendance ..................................... 8-41 195
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8-II.B. Initial Inspection [24 CFR 982.405(a)] ................................................ 8-42 Approving Units with Non-Life-Threatening Deficiencies
[FR Notice 1/18/17; Notice PIH 2017-20; FR Notice 5/7/24; and 24 CFR 982.405(j)].................................................................. 8-42 Approving Units Using Alternative Inspections
[FR Notice 1/18/17; Notice PIH 2017-20; FR Notice 5/7/24; and 24 CFR 982.406]...................................................................... 8-42 Timing of Initial Inspections [24 CFR 982.305(b)(2)(i)] ............... 8-43 Inspection Results and Reinspections............................................. 8-43 Utilities ........................................................................................... 8-43 Appliances ...................................................................................... 8-43 8-II.C. Periodic Inspections [24 CFR 982.405(b) and
Notice PIH 2016-05]............................................................................. 8-44 Scheduling the Inspection............................................................... 8-44 8-II.D. Interim Inspections [24 CFR 982.405(d)] ............................................ 8-44 8-II.E. Supervisory Quality Control Inspections [24 CFR 982.405(b); 24 CFR 985.3(e); HCV GB, p. 10-32]................................................. 8-45 8-II.F. Inspection Results and Reinspections for Units Under HAP Contract........................................................................................ 8-45 Correction Timeframes................................................................... 8-45 The following is applicable to HAP contracts executed
or renewed June 5, 2024, or earlier: ............................................... 8-45 Notification of Corrective Actions ................................................. 8-45 The following is applicable to HAP contracts executed or renewed June 6, 2024, or later: ..................................................................... 8-46 Notification of Corrective Actions [24 CFR 982.404(d)(1)].......... 8-46 Extensions....................................................................................... 8-47 Reinspections [24 CFR 982.405(i)]................................................ 8-47 8-II.G. Enforcing Owner Compliance .............................................................. 8-48 The following is applicable to HAP contracts executed or renewed June 5, 2024, or earlier: .................................................................. 8-48 HAP Abatement.............................................................................. 8-48 HAP Contract Termination............................................................. 8-48 The following is applicable to HAP contracts executed
or renewed June 6, 2024, or later:................................................... 8-49 HAP Withholding [24 CFR 982.404(d)(1)].................................... 8-49 HAP Abatement [24 CFR 982.404(d)(2)] ...................................... 8-49 HAP Contract Termination............................................................. 8-49 8-II.H. Enforcing Family Compliance with HQS [24 CFR 982.404(b)].......... 8-50 The following is applicable to HAP contracts executed or renewed June 5, 2024, or earlier: .................................................................. 8-50 The following is applicable to HAP contracts executed or renewed June 6, 2024, or later: ..................................................................... 8-50 196
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PART III: RENT REASONABLENESS [24 CFR 982.507]................................................. 8-51 8-III.A. Overview............................................................................................... 8-51 PHA-Owned Units [24 CFR 982.352(b)]....................................... 8-51 8-III.B. When Rent Reasonableness Determinations Are Required.................. 8-51 Owner-Initiated Rent Determinations............................................. 8-51 PHA- and HUD-Initiated Rent Reasonableness Determinations ... 8-52 LIHTC- and HOME-Assisted Units [24 CFR 982.507(c) ............. 8-52 8-III.C. How Comparability Is Established ....................................................... 8-52 Factors to Consider ......................................................................... 8-52 Units that Must Not be Used as Comparables ................................ 8-53 Rents Charged for Other Units on the Premises............................. 8-53 8-III.D. PHA Rent Reasonableness Methodology............................................. 8-53 How Market Data Is Collected ....................................................... 8-53 How Rents Are Determined............................................................ 8-53 Exhibit 8-1: affirmative habitability requirements.................................................................... 8-55 197
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Chapter 9

GENERAL LEASING POLICIES
9-I.A. Tenant Screening .................................................................................... 9-1 9-I.B. Requesting Tenancy Approval [Form HUD-52517] .............................. 9-2 9-I.C. Owner Participation ................................................................................ 9-3 9-I.D. Eligible Units.......................................................................................... 9-3 Ineligible Units [24 CFR 982.352(a)]............................................... 9-3 PHA-Owned Units [24 CFR 982.352(b)]......................................... 9-3 Special Housing Types [24 CFR 982 Subpart M] ............................ 9-4 Duplicative Assistance [24 CFR 982.352(c)]................................... 9-4 Initial Inspection ............................................................................... 9-5 Unit Size ........................................................................................... 9-5 Rent Reasonableness [24 CFR 982.305 and 24 CFR 982.507]........ 9-5 Rent Burden [24 CFR 982.508]........................................................ 9-5 9-I.E. Lease and Tenancy Addendum............................................................... 9-5 Lease Form and Tenancy Addendum [24 CFR 982.308]................. 9-5 Lease Information [24 CFR 982.308(d)] .......................................... 9-6 Term of Assisted Tenancy ................................................................ 9-6 Security Deposit [24 CFR 982.313 (a) and (b)] ............................... 9-6 Separate Non-Lease Agreements between Owner and Tenant......... 9-6 PHA Review of Lease ...................................................................... 9-7 9-I.F. Tenancy Approval [24 CFR 982.305] .................................................... 9-8 9-I.G. HAP Contract Execution [24 CFR 982.305] .......................................... 9-8 9-I.H. Changes in Lease or Rent [24 CFR 982.308]......................................... 9-9 198
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Chapter 10

MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY
PART I: MOVING WITH CONTINUED ASSISTANCE ................................................. 10-1 10-I.A. Allowable Moves.................................................................................. 10-1 10-I.B. Family Moves Due to Unit Deficiencies .............................................. 10-2 Units in Abatement [24 CFR 982.404(d)(3)] ................................. 10-2 Termination of HAP Contract and Family Moves
[24 CFR 982.404(e)]....................................................................... 10-3 Offer of Public Housing [24 CFR 982.404(e)(2)] .......................... 10-3 Relocation Assistance [24 CFR 982.404(e)(3)].............................. 10-3 10-I.C. Restrictions On Moves ......................................................................... 10-4 Denial of Moves ............................................................................. 10-4 Restrictions on Elective Moves [24 CFR 982.354(c)].................... 10-5 10-I.D. Moving Process .................................................................................... 10-6 Notification ..................................................................................... 10-6 Approval ......................................................................................... 10-6 Reexamination of Family Income and Composition ...................... 10-6 Voucher Issuance and Briefing....................................................... 10-6 Housing Assistance Payments [24 CFR 982.311(d)] ..................... 10-7 Zero HAP Families Who Wish to Move [24 CFR 982.455] .......... 10-7 PART II: PORTABILITY .................................................................................................... 10-8 10-II.A. Overview............................................................................................... 10-8 10-II.B. Initial PHA Role ................................................................................... 10-8 Allowable Moves under Portability................................................ 10-8 Determining Income Eligibility.................................................... 10-10 Reexamination of Family Income and Composition .................... 10-10 Briefing ......................................................................................... 10-10 Voucher Issuance and Term ......................................................... 10-11 Voucher Extensions and Expiration ............................................. 10-11 Preapproval Contact with the Receiving PHA ............................. 10-11 Initial Notification to the Receiving PHA .................................... 10-11 Sending Documentation to the Receiving PHA ........................... 10-12 Initial Billing Deadline [Notice PIH 2016-09] ............................. 10-13 Monthly Billing Payments [Notice PIH 2016-09]........................ 10-13 Annual Updates of Form HUD-50058 ......................................... 10-14 Denial or Termination of Assistance [24 CFR 982.355(c)(17)]... 10-14 10-II.C. Receiving PHA Role........................................................................... 10-14 Responding to Initial PHA’s Request [24 CFR 982.355(c)] ........ 10-14 Initial Contact with Family........................................................... 10-15 Briefing ......................................................................................... 10-15 Income Eligibility and Reexamination ......................................... 10-15 Voucher Issuance.......................................................................... 10-16 Notifying the Initial PHA ............................................................. 10-17 Administering a Portable Family’s Voucher ................................ 10-17 Absorbing a Portable Family........................................................ 10-20 199
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Chapter 11.A.

REEXAMINATIONS
PART I: ANNUAL REEXAMINATIONS [24 CFR 982.516]........................................... 11-1 11-I.A. Overview............................................................................................... 11-1 11-I.B. Streamlined Annual Reexaminations
[24 CFR 982.516(b); New HCV GB, Reexaminations] ....................... 11-1 11-I.C. Scheduling Annual Reexaminations..................................................... 11-2 Notification of and Participation in the Annual
Reexamination Process................................................................... 11-3 11-I.D. Conducting Annual Reexaminations .................................................... 11-3 11-I.E. Determining Ongoing Eligibility of Certain Students [24 CFR 982.552(b)(5)]........................................................................ 11-5 11-I.F. Effective Dates...................................................................................... 11-5 PART II: INTERIM REEXAMINATIONS [24 CFR 982.516]........................................... 11-7 11-II.A. Overview............................................................................................... 11-7 11-II.B. Changes In Family and Household Composition ................................. 11-7 New Family Members Not Requiring PHA Approval ................... 11-7 New Family and Household Members Requiring Approval .......... 11-8 Departure of a Family or Household Member................................ 11-9 Changes in Family Unit Size (Voucher Size)
[24 CFR 982.505(c)(6)] .................................................................. 11-9 11-II.C. Changes Affecting Income or Expenses............................................. 11-10 PHA-Initiated Interim Reexaminations ........................................ 11-10 Family-Initiated Interim Reexaminations..................................... 11-10 11-II.D. Processing the Interim Reexamination ............................................... 11-11 Method of Reporting..................................................................... 11-11 Effective Dates.............................................................................. 11-11 PART III: RECALCULATING FAMILY SHARE AND SUBSIDY AMOUNT .............. 11-13 11-III.A. Overview............................................................................................. 11-13 11-III.B. Changes In Payment Standards and Utility Allowances .................... 11-13 Payment Standards [24 CFR 982.505 and FR Notice 5/7/24]...... 11-13 Subsidy Standards [24 CFR 982.505(c)(4)] ................................. 11-13 Utility Allowances [24 CFR 982.517(d)] ..................................... 11-13 11-III.C. Notification of New Family Share and HAP Amount........................ 11-14 11-III.D. Discrepancies...................................................................................... 11-14 200
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Chapter 11.B.

REEXAMINATIONS UNDER HOTMA 102/104
PART I: ANNUAL REEXAMINATIONS [24 CFR 982.516]......................................... 11-15 11-I.A. Overview............................................................................................. 11-15 11-I.B. Scheduling Annual Reexaminations................................................... 11-16 Notification of and Participation in the Annual
Reexamination Process................................................................. 11-16 11-I.C. Conducting Annual Reexaminations .................................................. 11-17 11-I.D. Determining Ongoing Eligibility of Certain Students [24 CFR 982.552(b)(5)]...................................................................... 11-18 11-I.E. Calculating Annual Income at Annual Reexamination [24 CFR 5.609(c)(2) and Notice PIH 2023-27].................................. 11-18 11-I.F. Effective Dates.................................................................................... 11-20 PART II: INTERIM REEXAMINATIONS [24 CFR 982.516; Notice PIH 2023-27] ...... 11-22 11-II.A. Overview............................................................................................. 11-22 11-II.B. Changes In Family and Household Composition ............................... 11-22 Reporting ...................................................................................... 11-22 New Family Members Not Requiring PHA Approval ................. 11-22 New Family and Household Members Requiring Approval ........ 11-22 Departure of a Family or Household Member.............................. 11-23 Changes in Family Unit Size (Voucher Size)
[24 CFR 982.505(c)(6)] ................................................................ 11-24 11-II.C. Changes Affecting Income or Expenses............................................. 11-24 Overview....................................................................................... 11-24 Interim Decreases [24 CFR 982.516(c)(2)
and Notice PIH 2023-27].............................................................. 11-24 Interim Increases [24 CFR 982.516(c)(3) and
Notice PIH 2023-27]..................................................................... 11-25 11-II.D. Effective Dates [24 CFR 982.516(e) and Notice 2023-27] ................ 11-27 Changes Reported Timely [Notice PIH 2023-27] ........................ 11-27 Changes Not Reported Timely [Notice PIH 2023-27] ................. 11-27 PART III: RECALCULATING FAMILY SHARE AND SUBSIDY AMOUNT .............. 11-29 11-III.A. Overview............................................................................................. 11-29 11-III.B. Changes In Payment Standards and Utility Allowances .................... 11-29 Payment Standards [24 CFR 982.505 and FR Notice 5/7/24]...... 11-29 Subsidy Standards [24 CFR 982.505(c)(4)] ................................. 11-29 Utility Allowances [24 CFR 982.517(d)] ..................................... 11-29 11-III.C. Notification of New Family Share and HAP Amount........................ 11-30 11-III.D. Discrepancies...................................................................................... 11-30 PART IV: NON-INTERIM REEXAMINATION TRANSACTIONS
[Notice PIH 2023-27]......................................................................................... 11-30 Exhibit 11-1:Calculating Income at Annual Reexamination................................................... 11-32 201
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Chapter 12

TERMINATION OF ASSISTANCE AND TENANCY
PART I: GROUNDS FOR TERMINATION OF ASSISTANCE ...................................... 12-1 12-I.A. Overview............................................................................................... 12-1 12-I.B. Family No Longer Requires Assistance [24 CFR 982.455]................. 12-1 12-I.C. Family Chooses to Terminate Assistance............................................. 12-2 12-I.D. Mandatory Termination of Assistance.................................................. 12-2 Eviction [24 CFR 982.552(b)(2), 24 CFR 5.2005(c)(1)]................ 12-2 Failure to Provide Consent [24 CFR 982.552(b)(3)]...................... 12-2 Failure to Document Citizenship [24 CFR 982.552(b)(4)
and 24 CFR 5.514(c)] ..................................................................... 12-3 Failure to Disclose and Document Social Security Numbers [24 CFR 5.218(c), Notice PIH 2018-24] ........................................ 12-3 Methamphetamine Manufacture or Production
[24 CFR 983.553(b)(1)(ii)]............................................................. 12-3 Lifetime Registered Sex Offenders [Notice PIH 2012-28] ............ 12-3 Failure of Students to Meet Ongoing Eligibility
Requirements [24 CFR 982.552(b)(5) and FR 4/10/06]................. 12-4 Death of the Sole Family Member [24 CFR 982.311(d) and
Notice PIH 2010-9]......................................................................... 12-4 12-I.E. Mandatory Policies and Other Authorized Terminations..................... 12-4 Mandatory Policies [24 CFR 982.553(b) and 982.551(l)].............. 12-4 Other Authorized Reasons for Termination of Assistance
[24 CFR 982.552(c), 24 CFR 5.2005(c), 24 CFR 984.101(d)] ...... 12-6 Asset Limitation [24 CFR 5.618; Notice PIH 2023-27]................. 12-7 PART II: APPROACH TO TERMINATION OF ASSISTANCE..................................... 12-10 12-II.A. Overview............................................................................................. 12-10 12-II.B. Method of Termination [24 CFR 982.552(a)(3)] ............................... 12-10 12-II.C. Alternatives to Termination of Assistance ......................................... 12-10 Change in Household Composition.............................................. 12-10 Repayment of Family Debts ......................................................... 12-10 12-II.D. Criteria for Deciding to Terminate Assistance ................................... 12-11 Evidence ....................................................................................... 12-11 Use of Criminal Conviction Records
after Admission [24 CFR 5.903] .................................................. 12-11 Consideration of Circumstances [24 CFR 982.552(c)(2)(i)]........ 12-11 Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)] ........... 12-12 12-II.E. Terminations Related to Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking................................ 12-13 VAWA Protections against Terminations .................................... 12-13 Limitations on VAWA Protections
[24 CFR 5.2005(d) and (e)] .......................................................... 12-14 Documentation of Abuse [24 CFR 5.2007].................................. 12-15 Terminating the Assistance of a Domestic
Violence Perpetrator ..................................................................... 12-15 12-II.F. Termination Notice............................................................................. 12-16 202
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PART III: TERMINATION OF TENANCY BY THE OWNER........................................ 12-18 12-III.A. Overview............................................................................................. 12-18 12-III.B. Grounds for Owner Termination of Tenancy
[24 CFR 982.310, 24 CFR 5.2005(c), and
Form HUD-52641-A, Tenancy Addendum]....................................... 12-18 Serious or Repeated Lease Violations .......................................... 12-18 Violation of Federal, State, or Local Law .................................... 12-18 Criminal Activity or Alcohol Abuse............................................. 12-18 Other Good Cause......................................................................... 12-19 12-III.C. Eviction [24 CFR 982.310(e) and (f) and Form HUD-52641-A, Tenancy Addendum] .......................................................................... 12-20 12-III.D. Deciding Whether to Terminate Tenancy
[24 CFR 982.310(h), 24 CFR 982.310(h)(4)]..................................... 12-21 12-III.E. Effect of Tenancy Termination on the Family’s Assistance .............. 12-21 Exhibit 12-1:Statement of Family Obligations........................................................................ 12-22 203
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Chapter 13
OWNERS
PART I: OWNERS IN THE HCV PROGRAM ................................................................. 13-3 13-I.A. Owner Recruitment and Retention [HCV GB, pp. 2-4 to 2-6; HCV Landlord Strategy Guidebook for PHAs].................................... 13-3 Education and Outreach.................................................................. 13-3 Retention......................................................................................... 13-4 13-I.B. Basic HCV Program Requirements ...................................................... 13-5 13-I.C. Owner Responsibilities [24 CFR 982.452]........................................... 13-7 13-I.D. Owner Qualifications............................................................................ 13-8 Owners Barred from Participation [24 CFR 982.306(a) and (b)]... 13-8 Leasing to Relatives [24 CFR 982.306(d), HCV GB p. 11-2] ....... 13-8 Conflict of Interest [24 CFR 982.161; HCV GB p. 8-19;
Form HUD-52641, Section 13] ...................................................... 13-8 Owner Actions That May Result in Disapproval of a
Tenancy Request [24 CFR 982.306(c)] ........................................ 13-10 Legal Ownership of Unit .............................................................. 13-11 13-I.E. Non-Discrimination [HAP Contract – Form HUD-52641]................ 13-11 PART II: HAP CONTRACTS............................................................................................ 13-13 13-II.A. Overview............................................................................................. 13-13 13-II.B. HAP Contract Contents ...................................................................... 13-14 13-II.C. HAP Contract Payments ..................................................................... 13-16 General.......................................................................................... 13-16 Owner Certification of Compliance.............................................. 13-16 Late HAP Payments [24 CFR 982.451(a)(5)] .............................. 13-17 Termination of HAP Payments [24 CFR 982.311(b)].................. 13-17 13-II.D. Breach of HAP Contract [24 CFR 982.453]....................................... 13-18 13-II.E. HAP Contract Term and Terminations............................................... 13-19 13-II.F. Change In Ownership / Assignment of the HAP Contract [HUD-52641]...................................................................................... 13-21 13-II.G. Foreclosure [Notice PIH 2010-49] ..................................................... 13-22 204
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Chapter 14

PROGRAM INTEGRITY
PART I: PREVENTING, DETECTING, AND INVESTIGATING ERRORS AND PROGRAM ABUSE ............................................................................................ 14-3 14-I.A. Preventing Errors and Program Abuse ................................................. 14-3 14-I.B. Detecting Errors and Program Abuse ................................................... 14-4 Quality Control and Analysis of Data ............................................ 14-4 Independent Audits and HUD Monitoring ..................................... 14-4 Individual Reporting of Possible Errors and Program Abuse ........ 14-4 14-I.C. Investigating Errors and Program Abuse.............................................. 14-5 When the PHA Will Investigate ..................................................... 14-5 Consent to Release of Information [24 CFR 982.516] ................... 14-5 Analysis and Findings..................................................................... 14-5 Consideration of Remedies............................................................. 14-6 Notice and Appeals......................................................................... 14-6 PART II: CORRECTIVE MEASURES AND PENALTIES ............................................... 14-7 14-II.A. Subsidy Under- or Overpayments ........................................................ 14-7 Corrections...................................................................................... 14-7 Reimbursement ............................................................................... 14-7 14-II.B. Family-Caused Errors and Program Abuse .......................................... 14-8 Family Reimbursement to PHA [HCV GB pp. 22-12 to 22-13] .... 14-8 PHA Reimbursement to Family [HCV GB p. 22-12]..................... 14-8 Prohibited Actions .......................................................................... 14-9 Penalties for Program Abuse .......................................................... 14-9 14-II.C. Owner-Caused Error or Program Abuse............................................. 14-10 Owner Reimbursement to the PHA .............................................. 14-10 Prohibited Owner Actions ............................................................ 14-10 Remedies and Penalties ................................................................ 14-11 14-II.D. PHA-Caused Errors or Program Abuse.............................................. 14-12 De Minimis Errors [24 CFR 5.609(c)(4)]..................................... 14-12 Prohibited Activities ..................................................................... 14-13 14-II.E. Criminal Prosecution .......................................................................... 14-14 14-II.F. Fraud and Program Abuse Recoveries ............................................... 14-14 205
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Chapter 15

SPECIAL HOUSING TYPES
[24 CFR 982 Subpart M; New HCV GB, Special Housing Types] PART I: SINGLE ROOM OCCUPANCY [24 CFR 982.602 through 982.605; Form HUD-52641; New HCV GB, Special Housing Types, p. 4]....................... 15-3 15-I.A. Overview............................................................................................... 15-3 15-I.B. Payment Standard, Utility Allowance, and HAP Calculation .............. 15-3 15-I.C. SRO: Housing Quality Standards [24 CFR 982.605(a)] ...................... 15-3 PART II: CONGREGATE HOUSING [24 CFR 982.606 through 982.609; Form HUD-52641; New HCV GB, Special Housing Types, p. 6]....................... 15-5 15-II.A. Overview............................................................................................... 15-5 15-II.B. Payment Standard, Utility Allowance, and HAP Calculation .............. 15-6 15-II.C. Congregate: Housing Quality Standards .............................................. 15-6 PART III: GROUP HOME [24 CFR 982.610 through 982.614; Form HUD-52641; and New HCV GB, Special Housing Types, p. 8]................................................ 15-7 15-III.A. Overview............................................................................................... 15-7 15-III.B. Payment Standard, Utility Allowance, and HAP Calculation .............. 15-7 15-III.C. Group Home: Housing Quality Standards............................................ 15-8 PART IV: SHARED HOUSING [24 CFR 982.615 through 982.618; Form HUD-52641; Notice PIH 2021-05; New HCV GB, Special Housing Types, p. 11]................ 15-11 15-IV.A. Overview............................................................................................. 15-11 15-IV.B. Payment Standard, Utility Allowance and HAP Calculation ............. 15-13 15-IV.C. Shared Housing: Housing Quality Standards ..................................... 15-14 PART V: COOPERATIVE HOUSING [24 CFR 982.619; New HCV GB, Special Housing Types, p. 14]............................................................................ 15-15 15-V.A. Overview............................................................................................. 15-15 15-V.B. Payment Standard, Utility Allowance and HAP Calculation ............. 15-15 15-V.C. Cooperative: Housing Quality Standards ........................................... 15-16 206
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PART VI: MANUFACTURED HOMES [24 CFR 982.620 through 982.624; FR Notice 1/18/17; New HCV GB, Special Housing Types, p. 15;] ................. 15-17 15-VI.A. Overview............................................................................................. 15-17 15-VI.B. Special Requirements for Manufactured Home Owners Who Lease A Space............................................................................ 15-17 Family Income .............................................................................. 15-17 Lease and HAP Contract .............................................................. 15-17 15-VI.C. Payment Standard, Utility Allowance and HAP Calculation ............. 15-18 Payment Standards........................................................................ 15-18 Utility Allowance [24 CFR 982.624] ........................................... 15-18 Space Rent [24 CFR 982.622]...................................................... 15-18 Amortization Costs ....................................................................... 15-18 Housing Assistance Payment [24 CFR 982.623(a)]..................... 15-18 Eligible Housing Expenses [24 CFR 982.623(b)] ........................ 15-19 Rent Reasonableness [24 CFR 982.622(b)].................................. 15-19 Distribution of HAP [24 CFR 982.623(c)] ................................... 15-20 Single HAP to Family [24 CFR 982.623.(d)]............................... 15-20 15-VI.D. Manufactured Homes: Housing Quality Standards
[24 CFR 982.621] ............................................................................... 15-20 PART VII: HOMEOWNERSHIP [24 CFR 982.625 through 982.643]................................ 15-21 15-VII.A.Overview [24 CFR 982.625] .............................................................. 15-21 15-VII.B. Family Eligibility [24 CFR 982.627].................................................. 15-21 15-VII.C. Selection of Families [24 CFR 982.626] ............................................ 15-24 15-VII.D.Eligible Units [24 CFR 982.628]........................................................ 15-25 15-VII.E. Additional PHA Requirements for Search and Purchase [24 CFR 982.629] ............................................................................... 15-27 15-VII.F. Homeownership Counseling [24 CFR 982.630] ................................ 15-27 15-VII.G.Home Inspections, Contract of Sale, and PHA Disapproval of Seller [24 CFR 982.631]..................................................................... 15-28 Home Inspections ......................................................................... 15-28 Contract of Sale ............................................................................ 15-28 Disapproval of a Seller ................................................................. 15-29 15-VII.H.FINANCING [24 CFR 982.632] ........................................................ 15-30 15-VII.I. Continued Assistance Requirements; Family Obligations [24 CFR 982.633] ............................................................................... 15-30 15-VII.J. Maximum Term of Homeowner Assistance [24 CFR 982.634]......... 15-32 15-VII.K.Homeownership Assistance Payments and Homeownership Expenses [24 CFR 982.635]............................................................... 15-33 15-VII.L. Portability [24 CFR 982.636, 982.637, 982.353(b) and (c), 982.552, 982.553]............................................................................... 15-35 15-VII.M. Moving with Continued Assistance [24 CFR 982.637].................... 15-36 15-VII.N.Denial or Termination of Assistance [24 CFR 982.638].................... 15-37 207
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Chapter 16

PROGRAM ADMINISTRATION
PART I: ADMINISTRATIVE FEE RESERVE [24 CFR 982.155] ................................... 16-3 PART II: SETTING PROGRAM STANDARDS AND SCHEDULES .............................. 16-5 16-II.A. Overview............................................................................................... 16-5 16-II.B. Payment Standards [24 CFR 982.503; HCV GB, Chapter 7; and Notice PIH 2024-34]...................................................................... 16-5 Small Area FMR PHAs (Mandatory and Opt-In)
[Notice PIH 2018-01; Notice PIH 2023-32;
Notice PIH 2024-34; and Implementing Small Area
Fair Market Rents (SAFMR) Guidebook]...................................... 16-6 The Basic Range [24 CFR 982.503(c) and
Notice PIH 2024-34]....................................................................... 16-7 Designated Payment Standard Areas [24 CFR 982.503(d),
Notice PIH 2018-01, Notice PIH 2024-34, and
FR Notice 9/27/21] ......................................................................... 16-7 Exception Payment Standards [24 CFR 982.503(c)(5),
Notice PIH 2018-01, FR Notice 9/27/21]....................................... 16-7 Reasonable Accommodation [24 CFR 982.503(d)(5), 24 CFR
982.505(d), Notice PIH 2024 34, and Notice PIH 2010-26] .......... 16-9 Payment Standard below the Basic Range
[24 CFR 982.503(e) and Notice PIH 2024-34] .............................. 16-9 Updating Payment Standards [24 CFR 982.503(c)(3) and
Notice PIH 2023-24]....................................................................... 16-9 16-II.C. Utility Allowances [24 CFR 982.517]................................................ 16-11 Energy Efficient Utility Allowance
[24 CFR 982.517(b)(2)(ii)]........................................................... 16-11 Air Conditioning [24 CFR 982.517(b)(1)(iii)] ............................. 16-11 Reasonable Accommodation and Individual Relief ..................... 16-12 Utility Allowance Revisions......................................................... 16-12 PART III: INFORMAL REVIEWS AND HEARINGS...................................................... 16-13 16-III.A. Overview............................................................................................. 16-13 16-III.B. Informal Reviews................................................................................ 16-13 Decisions Subject to Informal Review
[24 CFR 982.554(a) and (c)] ........................................................ 16-13 Notice to the Applicant [24 CFR 982.554(a)] .............................. 16-14 Scheduling an Informal Review ................................................... 16-14 Informal Review Procedures [24 CFR 982.554(b)] ..................... 16-14 Remote Informal Reviews [Notice PIH 2020-32] ........................ 16-15 Ensuring Accessibility for Persons with Disabilities
and LEP Individuals ..................................................................... 16-15 Conducting Remote Informal Reviews ........................................ 16-16 Informal Review Decision [24 CFR 982.554(b)] ......................... 16-17 208
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16-III.C. Informal Hearings for Participants [24 CFR 982.555] ....................... 16-18 Decisions Subject to Informal Hearing......................................... 16-18 Remote Informal Hearings [Notice PIH 2020-32] ....................... 16-19 Ensuring Accessibility for Persons with Disabilities
and LEP Individuals ..................................................................... 16-20 Conducting Informal Hearings Remotely..................................... 16-21 Informal Hearing Procedures........................................................ 16-22 16-III.D. Hearing and Appeal Provisions for Noncitizens [24 CFR 5.514] ................................................................................... 16-29 Notice of Denial or Termination of Assistance
[24 CFR 5.514(d)] ........................................................................ 16-29 USCIS Appeal Process [24 CFR 5.514(e)]................................... 16-30 Informal Hearing Procedures for Applicants
[24 CFR 5.514(f)] ......................................................................... 16-30 Informal Hearing Procedures for Residents
[24 CFR 5.514(f)] ......................................................................... 16-32 Retention of Documents [24 CFR 5.514(h)] ................................ 16-32 PART IV: OWNER OR FAMILY DEBTS TO THE PHA ................................................. 16-33 16-IV.A. Overview............................................................................................. 16-33 16-IV.B. Repayment Policy............................................................................... 16-33 Owner Debts to the PHA .............................................................. 16-33 Family Debts to the PHA.............................................................. 16-34 Refusal to Enter into an Agreement.............................................. 16-34 Repayment Agreement [24 CFR 792.103] ................................... 16-34 General Repayment Agreement Guidelines for Families............. 16-34 PART V: SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP) .......... 16-37 16-V.A. Overview............................................................................................. 16-37 16-V.B. SEMAP Certification [24 CFR 985.101]............................................ 16-38 HUD Verification Method............................................................ 16-38 16-V.C. SEMAP Indicators [24 CFR 985.3 and Form HUD-52648] .............. 16-39 SEMAP Indicators Chart .............................................................. 16-39 PART VI: RECORD KEEPING ......................................................................................... 16-43 16-VI.A. Overview............................................................................................. 16-43 16-VI.B. Record Retention [24 CFR 982.158; 24 CFR 908.101] ..................... 16-43 16-VI.C. Records Management ......................................................................... 16-44 Privacy Act Requirements [24 CFR 5.212 and Form-9886-A].... 16-44 Upfront Income Verification (UIV) Records ............................... 16-45 Criminal Records .......................................................................... 16-45 Medical/Disability Records .......................................................... 16-45 Documentation of Domestic Violence,
Dating Violence, Sexual Assault, Stalking
or Human Trafficking ................................................................... 16-45 209
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PART VII: REPORTING AND RECORD KEEPING FOR CHILDREN
WITH ELEVATED BLOOD LEAD LEVEL ................................................... 16-47 16-VII.A.Overview............................................................................................. 16-47 16-VII.B. Reporting Requirement [24 CFR 35.1225(e);
Notice PIH 2017-13]........................................................................... 16-47 16-VII.C. Data Collection and Record Keeping [24 CFR 35.1225(f)] ............... 16-47 PART VIII: DETERMINATION OF INSUFFICIENT FUNDING ...................................... 16-49 16-VIII.A. Overview........................................................................................... 16-49 16-VIII.B. Methodology..................................................................................... 16-49 PART IX: VIOLENCE AGAINST WOMEN ACT (VAWA): NOTIFICATION, DOCUMENTATION, CONFIDENTIALITY................................................... 16-51 16-IX.A. Overview ............................................................................................. 16-51 16-IX.B. Definitions [24 CFR 5.2003]............................................................... 16-51 16-IX.C. Notification [24 CFR 5.2005(a), 42 USC 13925] ............................... 16-53 Notification to Public.................................................................... 16-53 Notification to Program Applicants and Participants
[24 CFR 5.2005(a)(1)] .................................................................. 16-54 Notification to Owners and Managers.......................................... 16-55 16-IX.D. Documentation [24 CFR 5.2007] ........................................................ 16-56 Conflicting Documentation [24 CFR 5.2007(e)].......................... 16-57 Discretion to Require No Formal Documentation
[24 CFR 5.2007(d)] ...................................................................... 16-57 Failure to Provide Documentation [24 CFR 5.2007(c)] ............... 16-58 16-IX.E. CONFIDENTIALITY [24 CFR 5.2007(b)(4)].................................... 16-58 Exhibit 16-1:Sample Notice of Occupancy Rights Under the Violence Against Women Act, Form HUD-5380 ............................................................. 16-59 Exhibit 16-2:Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking and Alternate Documentation, Form HUD-5382 ............................ 16-65 Exhibit 16-3: Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking (HCV Version) .......................... 16-67 Exhibit 16-4: Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, Form HUD-5383 ...................... 16-71 Exhibit 16-5: Model Owner Notification of Rights and Obligations ...................................... 16-75 210
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Chapter 17

SPECIAL PURPOSE VOUCHERS
PART I: VETERANS AFFAIRS SUPPORTIVE HOUSING (VASH) PROGRAM......... 17-2 17-I.A. Program Overview................................................................................ 17-2 17-I.B. Referrals [FR Notice 8/13/24 and HUD-VASH Qs and As]................ 17-3 17-I.C. HCV Program Eligibility [FR Notice 8/13/24] .................................... 17-3 Social Security Numbers ................................................................ 17-4 Proof of Age ................................................................................... 17-4 Photo Identification ........................................................................ 17-4 Income Eligibility [FR Notice 8/13/24].......................................... 17-4 Minimum Rent [FR Notice 8/13/24] .............................................. 17-5 Screening [FR Notice 8/13/24]....................................................... 17-6 Denial of Assistance [Notice PIH 2008-37] ................................... 17-6 17-I.D. Changes in Family Composition .......................................................... 17-6 Adding Family Members [FR Notice 8/13/24] .............................. 17-6 Remaining Family Members [HUD-VASH Qs and As] ................ 17-6 Family Break Up [HUD-VASH Qs and As] .................................. 17-7 17-I.E. Leasing [FR Notice 8/13/24] ................................................................ 17-7 Waiting List .................................................................................... 17-7 Exception Payment Standards [FR Notice 8/13/24]....................... 17-7 Voucher Issuance [FR Notice 8/13/24] .......................................... 17-7 Special Housing Types [FR Notice 8/13/24].................................. 17-8 Initial Lease Term [FR Notice 8/13/24] ......................................... 17-8 Ineligible Housing [[FR Notice 8/13/24]........................................ 17-8 Pre-Inspections [FR Notice 8/13/24].............................................. 17-8 17-I.F. Portability [Notice PIH 2011-53 and FR Notice 8/13/24].................... 17-9 General Requirements .................................................................... 17-9 Portability within the Initial VAMC or DSP’s Catchment Area .... 17-9 Portability Outside of the Initial VAMC
or DSP’s Catchment Area............................................................... 17-9 Portability Outside of the Initial VAMC
or DSP’s Catchment Area under VAWA ..................................... 17-10 17-I.G. Termination of Assistance [FR Notice 8/13/24]................................. 17-10 Cessation of Case Management.................................................... 17-10 Serious Violation of the Lease...................................................... 17-11 VAWA [FR Notice 8/13/24] ........................................................ 17-11 211
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PART II: STABILITY VOUCHER PROGRAM............................................................... 17-12 17-II.A. Program Overview [Notice PIH 2022-24].......................................... 17-12 17-II.B. Partnering Organization [Notice PIH 2022-24].................................. 17-12 17-II.C. Referrals [Notice PIH 2022-24].......................................................... 17-13 CoC Referrals ............................................................................... 17-13 Referrals from Outside the CoC ................................................... 17-14 17-II.D. Waiting List [Notice PIH 2022-24] .................................................... 17-14 HCV Waiting List......................................................................... 17-14 SV Waiting List ............................................................................ 17-14 HCV Waiting List Preferences ..................................................... 17-15 SV Waiting List Preferences ........................................................ 17-15 17-II.E. Family Eligibility [Notice PIH 2022-24]............................................ 17-16 Referring Agency Determination of Eligibility............................ 17-16 Mandatory Denials........................................................................ 17-16 Permissive Denial ......................................................................... 17-17 Self-Certification of Income at Admission................................... 17-18 Recently Conducted Income Determinations ............................... 17-19 EIV Income Validation................................................................. 17-19 Social Security Number and Citizenship Status Verification....... 17-19 Age and Disability Verifications .................................................. 17-20 Income Targeting.......................................................................... 17-20 17-II.F. Housing Search And Leasing ............................................................. 17-21 Initial Voucher Term .................................................................... 17-21 Pre-Inspections ............................................................................. 17-21 Initial Lease Term......................................................................... 17-21 Portability ..................................................................................... 17-21 Family Briefing............................................................................. 17-22 17-II.G. Payment Standards.............................................................................. 17-22 Overview....................................................................................... 17-22 Increases in Payment Standards.................................................... 17-23 PART III: EMERGENCY HOUSING VOUCHERS (EHVs)............................................. 17-24 17-III.A. Funding Overview .............................................................................. 17-24 Housing Assistance Payments (HAP) Funding ............................ 17-24 Administrative Fees and Funding................................................. 17-25 17-III.B. Service Fees ........................................................................................ 17-26 17-III.C. Continuum of Care (CoC) .................................................................. 17-29 17-III.D. Referrals.............................................................................................. 17-29 CoC and Partnering Agency Referrals ......................................... 17-29 Offers of Assistance with CoC Referral ....................................... 17-30 17-III.E. HCV Waiting List............................................................................... 17-30 17-III.F. EHV Waiting List ............................................................................... 17-31 17-III.G. Preferences.......................................................................................... 17-31 HCV Waiting List Preferences ..................................................... 17-31 EHV Waiting List Preferences ..................................................... 17-32 17-III.H. Referring Agency Determination of Eligibility.................................. 17-32 17-III.I. PHA Screening ................................................................................... 17-31 212
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Overview....................................................................................... 17-33 Mandatory Denials........................................................................ 17-33 Permissive Denial ......................................................................... 17-33 17-III.J. Income Verification at Admission...................................................... 17-35 Self-Certification at Admission .................................................... 17-35 Recently Conducted Income Determinations ............................... 17-35 EIV Income Validation................................................................. 17-36 17-III.K. Social Security Number and Citizenship Status Verification............ 17-36 17-III.L. Age and Disability Verification......................................................... 17-37 17-III.M. Income Targeting............................................................................... 17-37 17-III.N. Initial Voucher Term ......................................................................... 17-37 17-III.O. Housing Search Assistant .................................................................. 17-38 17-III.P. HQS Pre-Inspections ......................................................................... 17-38 17-III.Q. Initial Lease Term.............................................................................. 17-39 17-III.R. Portability .......................................................................................... 17-39 Nonresident Applicants ................................................................ 17-39 Billing and Absorption ................................................................. 17-39 Family Briefing............................................................................. 17-40 Coordination of Services .............................................................. 17-40 Services Fee .................................................................................. 17-40 Placement Fee/Issuance Reporting Fee ........................................ 17-41 17-III.S. Payment Standards............................................................................. 17-41 Payment Standard Schedule ......................................................... 17-41 Rent Reasonableness .................................................................... 17-41 Increases in Payment Standards.................................................... 17-42 17-III.T. Termination of Vouchers................................................................... 17-42 17-III.U. Use of Funds, Reporting, and Financial Records .............................. 17-43 Exhibit 17-1: Memorandum of Understanding – Emergency Housing Voucher Program ..... 17-45 Exhibit 17-2: Memorandum of Understanding – Stability Voucher (“SV”) Program ............ 17-51

GLOSSARY
HOTMA 102/104 Appendix to the Administrative Plan
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Intro-i
Introduction

HOTMA CHANGES IN THE ADMINSTRATIVE PLAN
On July 29, 2016, the Housing Opportunity Through Modernization Act of 2016 (HOTMA) was signed into law. HOTMA made numerous changes to statutes governing HUD programs, including sections of the United States Housing Act of 1937. Title I of HOTMA contains 14 different sections that impact the public housing and Section 8 programs.

HOTMA 102/104
HUD published a final rule on February 14, 2023, revising regulations related to income, assets, adjusted income, verification, and reexams (among others) to implement Sections 102 and 104 of HOTMA. While the new regulations were effective January 1, 2024, HUD has delayed the compliance date for HOTMA 102/104. Initially, HUD published a delayed compliance date of January 1, 2025, but HUD again delayed the compliance date for HOTMA 102/104and no new date has been provided. Compliance with Sections 102 and 104 of HOTMA means not only applying HOTMA 102/104 regulations to affected programs but also reporting in HUD’s new Housing Information Portal (HIP) system. Currently, PHAs remain unable to comply with HOTMA 102/104 because compliance depends on transitioning from HUD’s IMS/PIC system (which is unable to accept HOTMA-compliant Form HUD-50058) to HUD’s new HIP system (which will be the only system that accepts HOTMA-compliant Form HUD-50058). PHAs cannot transition to HOTMA until HIP is in place, HOTMA-compliant, and accessible.

However, HUD has determined that a few HOTMA 102/104 policies are not dependent on transition systems and easily isolated from other HOTMA 102/104 policy changes. These policies may be implemented prior to the migration to HIP.

HUD stated that PHAs may update their policy documents before determining the date at which they will transition to all HOTMA Section 102 and 104 policies. HUD stated that in order to update their policy documents for HOTMA in this circumstance, PHAs may create an appendix that contains the HOTMA policies that will be incorporated at a later date. The model policy adopts such an approach. HOTMA 102/104 policies are provided in each affected area of the model policy. However, with the exception of the policies HUD has indicated may be adopted early, HOTMA policies that are “on hold” are indicated in the model policy as such. Further, an appendix has been provided to explicitly call out those policies that are on hold. 214
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Intro-ii

HOTMA VOUCHER FINAL RULE
The final rule implementing streamlining changes to the HCV and PBV programs was published on May 7, 2024, and codified certain provisions in Sections 101, 105, 106, and 112 of HOTMA, as well as incorporating changes from the NSPIRE final rule discussed above. The rule is known as the “HOTMA voucher final rule.” The effective date of the HOTMA voucher final rule was June 6, 2024. While the compliance date for certain provisions of the rule is the same as the effective date, the compliance date for other provisions is not until 90 days, 180 days, or one year after the effective date. Further, many new changes to the regulations described in the HOTMA voucher final rule require changes to the PHA’s administrative plan. PHAs must make all revisions needed to bring existing policies into compliance with the final rule no later than June 6, 2025 (one year after the effective date). However, if a PHA wishes to use program flexibilities requiring adoption of new local policies not already present in the PHA’s administrative plan, the PHA must add those policies to the administrative plan prior to using those program flexibilities.

Further, the delayed compliance date for policies of June 6, 2025, does not authorize delayed compliance with the provisions of the rule. PHAs that choose not to bring their policies into compliance with the rule until June 6, 2025, must still implement each provision on its compliance date.

In order to identify those provisions of the final rule that are not effective until after June 6, 2`024, the model policy states that certain policies are not effective until a specific date. 215
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Intro-iii

ABOUT THE ADMINISTRATIVE PLAN

REFERENCES CITED IN THE ADMINISTRATIVE PLAN
The authority for PHA policies is derived from many sources. Primary among these sources are federal statutes, federal regulations, and guidance issued by HUD. State law also directs PHA policy. State law must be followed where such law exists and does not conflict with federal regulations. Industry practice may also be used to develop policy as long as it does not conflict with federal requirements or prohibitions.

HUD
HUD provides the primary source of PHA policy through federal regulations, HUD notices, and handbooks. Compliance with federal regulations, current HUD notices, and current HUD handbooks is mandatory.

HUD also provides guidance to PHAs through other means such as HUD-published guidebooks, expired HUD notices, and expired handbooks. Basing PHA policy on HUD guidance is optional, as long as PHA policies comply with federal law, federal regulations and mandatory policy.

Because HUD has already determined that the guidance it provides is consistent with mandatory policies, PHA reliance on HUD guidance provides the PHA with a “safe harbor.” Material posted on the HUD website can provide further clarification of HUD policies. For example, FAQs on the HUD website can provide direction on the application of federal regulations in various aspects of the program.

State Law
Where there is no mandatory federal guidance, PHAs must comply with state law, if it exists.

Where state law is more restrictive than federal law, but does not conflict with it, the PHA should follow the state law.

Industry Practice
Where no law or HUD authority exists on a particular subject, industry practice may support PHA policy. Industry practice refers to a way of doing things or a policy that has been adopted by a majority of PHAs.
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NSPIRE AND HQS IN THE ADMINISTRATIVE PLAN
The PHA must determine that the rental unit selected by the family is in safe and habitable condition at certain times prescribed by the regulations. The current applicable inspection standard for the HCV and PBV programs is Housing Quality Standards (HQS). On May 11, 2023, HUD published a final rule implementing the National Standards for the Physical Inspection of Real Estate (NSPIRE final rule), a new approach to defining and assessing housing quality across multiple HUD programs. 24 CFR 5.703 describes the NSPIRE standards, including variations for the HCV and PBV programs. Notice PIH 2023-28 finalized the administrative procedures for NSPIRE as they pertain specifically to the HCV and PBV programs. Collectively, this is known as “NSPIRE-V.”
The compliance date for NSPIRE-V is no later than October 1, 2025, at which point the HQS inspection standard will sunset. PHAs may, however, implement NSPIRE-V prior to October 1, 2025, provided they do so in accordance with requirements in FR Notice 7/5/24.

However, even once the HQS inspection standard has sunset, the regulations at 24 CFR Part 982 and 983 governing the HCV and PBV programs will continue to use the terms HQS and housing quality standards rather than NSPIRE. This is because, the definition of housing quality standards (HQS) at 24 CFR 982.4 means the minimum quality standards developed by HUD in accordance with 24 CFR 5.703 for the HCV program, including any variations approved by HUD for the PHA. As such, the model policy uses the term housing quality standards whenever applicable regulations use this term. Except in the chapter describing HQS, the acronym HQS is not used in the model policy in order to avoid confusion between the umbrella term meaning housing standards and the specific inspection protocol. The model policy only uses the term NSPIRE when referring to specific NSPIRE standards.

HOTMA SECTIONS 102 AND 104 CHANGES IN THE MODEL POLICY
On July 29, 2016, the Housing Opportunity Through Modernization Act of 2016 (HOTMA) was signed into law. HOTMA made numerous changes to statutes governing HUD programs, including sections of the United States Housing Act of 1937. Title I of HOTMA contains 14 different sections that impact the public housing and Section 8 programs. HUD published a final rule on February 14, 2023, revising regulations related to income and assets (Sections 102 and 104 of HOTMA). While the new income and asset regulations were effective January 1, 2024, PHAs were instructed to select a compliance date no later than January 1, 2025. Compliance with Sections 102 and 104 of HOTMA means not only applying HOTMA regulations to affected programs but also reporting in HUD’s new Housing Information Portal (HIP) system. Currently, PHAs remain unable to select a compliance date because HOTMA compliance depends on transitioning from HUD’s IMS/PIC system (which is unable to accept HOTMA-compliant Form HUD-50058) to HUD’s new HIP system (which will be the only system that accepts HOTMA- compliant Form HUD-50058). Because HOTMA-compliant reexaminations cannot be successfully submitted to IMS/PIC, HUD advised PHAs not to begin conducting reexaminations under HOTMA rules without further information on when the new HOTMA-compliant Form HUD-50058 in HIP will be available. PHAs cannot transition to HOTMA until HIP is in place, HOTMA-compliant, and accessible.
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HOTMA VOUCHER FINAL RULE CHANGES IN THE MODEL POLICY
The final rule implementing streamlining changes to the HCV and PBV programs was published on May 7, 2024, and codified certain provisions in Sections 101, 105, 106, and 112 of HOTMA, as well as incorporating changes from the NSPIRE final rule discussed above. The rule is known as the “HOTMA voucher final rule.” The effective date of the HOTMA voucher final rule was June 6, 2024. While the compliance date for certain provisions of the rule is the same as the effective date, the compliance date for other provisions is not until 90 days, 180 days, or one year after the effective date. Further, many new changes to the regulations described in the HOTMA voucher final rule require changes to the PHA’s administrative plan. PHAs must make all revisions needed to bring existing policies into compliance with the final rule no later than June 6, 2025 (one year after the effective date). However, if a PHA wishes to use program flexibilities requiring adoption of new local policies not already present in the PHA’s administrative plan, the PHA must add those policies to the administrative plan prior to using those program flexibilities.

In order to identify those provisions of the final rule that are not effective until after June 6, 2024, the model policy states that certain policies are not effective until a specific date.

RESOURCES CITED IN THE ADMINISTRATIVE PLAN
The administrative plan cites several documents. Where a document or resource is cited frequently, it may be abbreviated. Where it is cited only once or twice, the administrative plan may contain the entire name of the document or resource. Following is a key to abbreviations used for various sources that are frequently cited in the administrative plan and a list of references and document locations that are referenced in the administrative plan or that may be helpful to you.
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Intro-vi
HUD HCV Guidebook
In November 2019 HUD began issuing a new version of the HCV Guidebook chapter-by- chapter. Unlike the previous version of the HCV Guidebook in which chapters were numbered, the new version of the guidebook includes chapter names, but no numbers. As the new version of the guidebook has not yet been fully released, and since the previous version of the guidebook contains guidance not found in the new version, the policy cites both versions of the guidebook.

Therefore, where the HCV Guidebook is cited in the policy, the citation will make a distinction between the “old” and “new” versions of the guidebook. The “old” version of the guidebook will continue to be cited as HCV GB with a chapter/page reference (example: HCV GB, p. 5-4). If HUD has also released a new chapter on the same topic with information that either adds new information or updates existing information from the previous guidebook, the new guidebook will be cited as New HCV GB with a chapter title and page reference (example: New HCV GB, Payment Standards, p. 11). On September 29, 2023, HUD issued Notice PIH 2023-27 to implement sections 102 and 104 of the Housing Opportunity Through Modernization Act of 2016 (HOTMA). The notice supersedes relevant portions of the guidebook, specifically the chapters on eligibility, denials, and annual reexaminations and interim reexaminations. Where chapters have not been altered by the HOTMA implementation notice, the model policy continues to cite the HCV Guidebook.

Abbreviations
Throughout the administrative plan, abbreviations are used to designate certain documents in citations. The following is a table of abbreviations of documents cited in the administrative plan.

Abbreviation Document
CFR Code of Federal Regulations
HCV GB Housing Choice Voucher Program Guidebook (7420.10G), April 2001.

New HCV GB Housing Choice Voucher Program Guidebook (7420.10G), Various dates of release
HUD-50058 IB HUD-50058 Instruction Booklet
RHIIP FAQs Rental Housing Integrity Improvement Program (RHIIP) Frequently Asked Questions.

VG PIH Notice 2004-01 Verification Guidance, March 9, 2004.

HB 4350.3 Occupancy Requirements of Subsidized Multifamily Housing Programs
Resources and Where to Find Them
The HUD website is https://www.hud.gov/.

Guidebooks, handbooks, and other HUD resources may be found at the HUDClips website:
https://www.hud.gov/program_offices/administration/hudclips. 219
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Intro-vii
Following is a list of resources helpful to the PHA or referenced in the administrative plan, and the online location of each.

Document and Location
Code of Federal Regulations
https://www.ecfr.gov/
Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Final Rule
http://edocket.access.gpo.gov/2008/pdf/E8-19435.pdf
Enterprise Income Verification (EIV) System, Security Procedures for Upfront Income Verification data
https://www.hud.gov/sites/documents/EIVSECGUIDEPHA.PDF
Executive Order 11063
https://www.archives.gov/federal-register/codification/executive-order/11063.html Federal Register
https://www.federalregister.gov/
Housing Choice Voucher Program Guidebook (7420.10G), Updated Chapters https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/guidebook HOTMA Final Rule
https://www.federalregister.gov/documents/2023/02/14/2023-01617/housing-opportunity- through-modernization-act-of-2016-implementation-of-sections-102-103-and- 104?utm_campaign=subscription+mailing+list&utm_source=federalregister.gov&utm_mediu m=email
HOTMA Implementation Notice, PIH 2023-27
https://www.hud.gov/sites/dfiles/OCHCO/documents/2023-27pihn.pdf Joint Statement of the Department of Housing and Urban Development and the Department of Justice, issued May 17, 2004
https://www.justice.gov/sites/default/files/crt/legacy/2010/12/14/joint_statement_ra.pdf Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, published January 22, 2007
https://www.lep.gov/guidance/HUD_guidance_Jan07.pdf
Notice PIH 2010-26 (HA), Nondiscrimination and Accessibility Notice https://www.hud.gov/sites/documents/DOC_8993.PDF
Notice PIH 2017-12, Administrative Guidance for Effective and Mandated Use of the Enterprise Income Verification (EIV) System
https://www.hud.gov/sites/documents/PIH2017-12EIVNOTICE.PDF VAWA Resources
https://www.hud.gov/vawa
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Chapter 1

OVERVIEW OF THE PROGRAM AND PLAN
PART I: THE PHA
1-I.A. OVERVIEW
This part explains the origin of the PHA’s creation and authorization, the general structure of the organization, and the relationship between the PHA Board and staff. 1-I.B. ORGANIZATION AND STRUCTURE OF THE PHA
The Section 8 tenant-based Housing Choice Voucher (HCV) assistance program is funded by the federal government and administered by the Torrance Housing Authority for the jurisdiction of City of Torrance / County of Los Angeles .

The officials of a PHA are known as commissioners or, collectively, as the board of commissioners. Commissioners are appointed in accordance with state housing law and generally serve in the same capacity as the directors of a corporation, establishing policies under which the PHA conducts business, ensuring that policies are followed by PHA staff and ensuring that the PHA is successful in its mission. The board is responsible for preserving and expanding the agency’s resources and assuring the agency’s continued viability.

Formal actions of the PHA are taken through written resolutions, adopted by the board of commissioners and entered into the official records of the PHA.

The principal staff member of the PHA is the executive director (ED), hired and appointed by the board of commissioners. The executive director is directly responsible for carrying out the policies established by the board and is delegated the responsibility for hiring, training and supervising the PHA staff in order to manage the day-to-day operations of the PHA. The executive director is responsible for ensuring compliance with federal and state laws and directives for the programs managed. In addition, the executive director’s duties include budgeting and financial planning for the agency.
1-I.C. PHA MISSION
The purpose of a mission statement is to communicate the purpose of the agency to people inside and outside of the agency. It provides guiding direction for developing strategy, defining critical success factors, searching out key opportunities, making resource allocation choices, satisfying clients and stakeholders, and making decisions.

PHA Policy
The PHA’s mission is to provide safe, decent and sanitary housing conditions for very low-income families and to manage resources efficiently. The PHA is to promote personal, economic and social upward mobility to provide families the opportunity to make the transition from subsidized to non-subsidized housing. 221
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1-I.D. THE PHA’S PROGRAMS
The following programs are included under this administrative plan:

PHA Policy
The PHA’s administrative plan is applicable to the operation of the Housing Choice Voucher program.
1-I.E. THE PHA’S COMMITMENT TO ETHICS AND SERVICE
As a public service agency, the PHA is committed to providing excellent service to HCV program participants, owners, and to the community. The PHA’s standards include:
 Administer applicable federal and state laws and regulations to achieve high ratings in performance measurement indicators while maintaining efficiency in program operation to ensure fair and consistent treatment of clients served.  Provide decent, safe, and sanitary housing – in compliance with program housing quality standards – for very low income families while ensuring that family rents are fair, reasonable, and affordable.
 Encourage self sufficiency of participant families and assist in the expansion of family opportunities which address educational, socio-economic, recreational and other human services needs.
 Promote fair housing and the equal opportunity for very low-income families of all ethnic backgrounds to experience freedom of housing choice.
 Promote a housing program which maintains quality service and integrity while providing an incentive to private property owners to rent to very low-income families.  Promote a market-driven housing program that will help qualified low-income families be successful in obtaining affordable housing and increase the supply of housing choices for such families.
 Create positive public awareness and expand the level of family, owner, and community support in accomplishing the PHA’s mission.
 Attain and maintain a high level of standards and professionalism in day-to-day management of all program components.
 Administer an efficient, high-performing agency through continuous improvement of the PHA’s support systems and a high level of commitment to our employees and their development.

The PHA will make every effort to keep program participants informed of HCV program rules and regulations, and to advise participants of how the program rules affect them. 222
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PART II: THE HOUSING CHOICE VOUCHER (HCV) PROGRAM
1-II.A. OVERVIEW AND HISTORY OF THE PROGRAM
The intent of this section is to provide the public and staff with information related to the overall operation of the program. There have been many changes to the program since its inception in 1974 and a brief history of the program will assist the reader to better understand the program.

The United States Housing Act of 1937 (the “Act”) is responsible for the birth of federal housing program initiatives. The Act was intended to provide financial assistance to states and cities for public works projects, slum clearance and the development of affordable housing developments for low-income residents.

The Housing and Community Development (HCD) Act of 1974 created a new federally assisted housing program – the Section 8 Existing program (also known as the Section 8 Certificate program). The HCD Act represented a significant shift in federal housing strategy from locally owned public housing to privately owned rental housing.

Under the Certificate program, federal housing assistance payments were made directly to private owners of rental housing, where this housing was made available to lower-income families. Eligible families were able to select housing in the private rental market. Assuming that the housing met certain basic physical standards of quality (“housing quality standards”) and was within certain HUD-established rent limitations (“fair market rents”), the family would be able to receive rental assistance in the housing unit. Family contribution to rent was generally set at 30 percent of the family’s adjusted income, with the remainder of the rent paid by the program.

Another unique feature of the Certificate program was that the rental assistance remained with the eligible family, if the family chose to move to another privately-owned rental unit that met program requirements (in contrast to the public housing program where the rental assistance remains with the unit, should the family decide to move). Consequently, the Certificate program was characterized as tenant-based assistance, rather than unit-based assistance.

The Housing and Community Development (HCD) Act of 1987 authorized a new version of tenant-based assistance – the Section 8 Voucher program. The Voucher program was very similar to the Certificate program in that eligible families were able to select housing in the private rental market and receive assistance in that housing unit.

However, the Voucher program permitted families more options in housing selection. Rental housing still had to meet the basic housing quality standards, but there was no fair market rent limitation on rent. In addition, family contribution to rent was not set at a limit of 30 percent of adjusted income. Consequently, depending on the actual rental cost of the unit selected, a family might pay more or less than 30 percent of their adjusted income for rent.

From 1987 through 1999, public housing agencies managed both the Certificate and Voucher tenant-based assistance programs, with separate rules and requirements for each. From 1994 through 1998, HUD published a series of new rules, known as “conforming” rules, to more closely combine and align the two similar housing programs, to the extent permitted by the law.

In 1998, the Quality Housing and Work Responsibility Act (QHWRA) – also known as the Public Housing Reform Act – was signed into law. QHWRA eliminated all statutory differences between the Certificate and Voucher tenant-based programs and required that the two programs 223
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be merged into a single tenant-based assistance program, now known as the Housing Choice Voucher (HCV) program.

The HCV program was modeled closely on the pre-merger Voucher program. However, unlike the pre-merger Voucher program, the HCV program requires an assisted family to pay at least 30 percent of adjusted income for rent.

The transition of assistance from the Certificate and Voucher programs to the new HCV program began in October 1999. By October 2001, all families receiving tenant-based assistance were converted to the HCV program.

On July 29, 2016, the Housing Opportunity Through Modernization Act of 2016 (HOTMA) was signed into law. HOTMA made numerous changes to statutes governing HUD programs, including sections of the United States Housing Act of 1937. Title I of HOTMA contains 14 different sections that impact the public housing and Section 8 programs.  The Final Rule implementing broad changes to income and assets in Sections 102 and 104 of HOTMA, and for PHAs that administer the public housing program over-income provisions in Section 103, was officially published in the Federal Register on February 14, 2023. On September 29, 2023, HUD issued notice PIH 2023-27, which provided guidance to PHAs on the implementation of the program changes described in the Final Rule. HUD issued a revised version of the notice on February 2, 2024.  The Final Rule implementing streamlining changes to the HCV and PBV programs was published on May 7, 2024, and codified certain provisions in Sections 101, 105, 106, and 112 of HOTMA as well as incorporating changes from the NSPIRE final rule. 1-II.B. HCV PROGRAM BASICS
The purpose of the HCV program is to provide rental assistance to eligible families. The rules and regulations of the HCV program are determined by the U.S. Department of Housing and Urban Development. The PHA is afforded choices in the operation of the program which are included in the PHA’s administrative plan, a document approved by the board of commissioners of the PHA.

The HCV program offers mobility to eligible families because they may search for suitable housing anywhere in the PHA’s jurisdiction and may also be eligible to move under portability to other PHAs’ jurisdictions.

When a family is determined to be eligible for the program and funding is available, the PHA issues the family a housing voucher. When the family finds a suitable housing unit and funding is available, the PHA will enter into a contract with the owner and the family will enter into a lease with the owner. Each party makes their respective payment to the owner so that the owner receives full rent.

Even though the family is determined to be eligible for the program, the owner has the responsibility of approving the family as a suitable renter. The PHA continues to make payments to the owner as long as the family is eligible and the housing unit continues to qualify under the program.
1-II.C. THE HCV PARTNERSHIPS
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To administer the HCV program, the PHA enters into a contractual relationship with HUD (Consolidated Annual Contributions Contract). The PHA also enters into contractual relationships with the assisted family and the owner or landlord of the housing unit.

For the HCV program to work and be successful, all parties involved – HUD, the PHA, the owner, and the family – have important roles to play. The roles and responsibilities of all parties are defined in federal regulations and in legal documents that parties execute to participate in the program.

The chart on the following page illustrates key aspects of these relationships.

The HCV Relationships:

Congress
Appropriates
Funding
HUD
Provides Funding
To PHA
PHA
Administers
Program
Owner /
Landlord
Family
(Program
Participant)
Voucher specifies
Family Obligations
Housing Assistance Payments
(HAP) Contract specifies Owner
and PHA Obligations
Lease specifies Tenant
and Landlord
Obligations
Program Regulations and ACC
specifies PHA Obligations and
Voucher Funding
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What Does HUD Do?
HUD has the following major responsibilities:
 Develop regulations, requirements, handbooks, notices and other guidance to implement HCV housing program legislation passed by Congress;
 Allocate HCV program funds to PHAs;
 Provide technical assistance to PHAs on interpreting and applying HCV program requirements;
 Monitor PHA compliance with HCV program requirements and PHA performance in program administration.

What Does the PHA Do?
The PHA administers the HCV program under contract with HUD and has the following major responsibilities:
 Establish local policies to administer the program;
 Review applications from interested applicants to determine whether they are eligible for the program;
 Maintain a waiting list and select families for admission;  Issue vouchers to eligible families and provide information on how to lease a unit;  Conduct outreach to owners, with special attention to owners outside areas of poverty or minority concentration;
 Approve the rental unit (including assuring compliance with housing quality standards and rent reasonableness), the owner, and the tenancy;
 Make housing assistance payments to the owner in a timely manner;  Recertify families for continued eligibility under the program;  Ensure that owners and families comply with their contractual obligations;  Provide families and owners with prompt, professional service;  Comply with all fair housing and equal opportunity requirements, HUD regulations and requirements, the ACC, HUD-approved applications for funding, the PHA’s administrative plan, and other applicable federal, state and local laws.

What Does the Owner Do?
The owner has the following major responsibilities:
 Screen families who apply for tenancy, to determine suitability as renters. - The PHA can provide some information to the owner, but the primary responsibility for tenant screening rests with the owner.
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- The owner should consider family background factors such as rent and bill-paying history, history of caring for property, respecting the rights of others to peaceful enjoyment of the property, compliance with essential conditions of tenancy, whether the family is engaging in drug-related criminal activity or other criminal activity that might threaten others.
 Comply with the terms of the Housing Assistance Payments contract executed with the PHA;  Comply with all applicable fair housing laws and do not discriminate against anyone;  Maintain the housing unit in accordance with minimum quality standards developed by HUD in accordance with 24 CFR 5.703 (including any variations approved by HUD for the PHA) and make necessary repairs in a timely manner;
 Collect rent due from the assisted family and otherwise comply with and enforce provisions of the dwelling lease.

What Does the Family Do?
The family has the following responsibilities:
 Provide the PHA with complete and accurate information as determined by the PHA to be necessary for administration of the program;
 Make their best and most timely efforts to locate qualified and suitable housing;  Attend all appointments scheduled by the PHA;
 Allow the PHA to inspect the unit at reasonable times and after reasonable notice;  Take responsibility for care of the housing unit, including any violations of housing quality standards caused by the family;
 Comply with the terms of the lease with the owner;
 Comply with the family obligations of the voucher;
 Not commit serious or repeated violations of the lease;  Not engage in drug-related or violent criminal activity;  Notify the PHA and the owner before moving or terminating the lease;  Use the assisted unit only for residence and as the sole residence of the family. Not sublet the unit, assign the lease, or have any interest in the unit;  Promptly notify the PHA of any changes in family composition;  Not commit fraud, bribery, or any other corrupt or criminal act in connection with any housing programs.
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1-II.D. APPLICABLE REGULATIONS
Applicable regulations include:
 24 CFR Part 5: General Program Requirements
 24 CFR Part 8: Nondiscrimination
 24 CFR Part 35: Lead-Based Paint
 24 CFR Part 100: The Fair Housing Act
 24 CFR Part 982: Section 8 Tenant-Based Assistance: Housing Choice Voucher Program  24 CFR Part 983: Project-Based Vouchers
 24 CFR Part 985: The Section 8 Management Assessment Program (SEMAP) 228
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PART III: THE HCV ADMINISTRATIVE PLAN
1-III.A. OVERVIEW AND PURPOSE OF THE PLAN
The administrative plan is required by HUD. The purpose of the administrative plan is to establish policies for carrying out the programs in a manner consistent with HUD requirements and local goals and objectives contained in the PHA’s agency plan. This administrative plan is a supporting document to the PHA agency plan and is available for public review as required by CFR 24 Part 903.

This administrative plan is set forth to define the PHA's local policies for operation of the housing programs in accordance with federal laws and regulations. All issues related to the HCV program not addressed in this document are governed by such federal regulations, HUD handbooks and guidebooks, notices, and other applicable law. The policies in this administrative plan have been designed to ensure compliance with the consolidated ACC and all HUD- approved applications for program funding.

The PHA is responsible for complying with all changes in HUD regulations pertaining to the HCV program. If such changes conflict with this plan, HUD regulations will have precedence.

Administration of the HCV program and the functions and responsibilities of PHA staff shall be in compliance with the PHA's personnel policy and HUD regulations as well as all federal, state and local fair housing laws and regulations.
1-III.B. CONTENTS OF THE PLAN [24 CFR 982.54]
The HUD regulations at 24 CFR 982.54 define the policies that must be included in the administrative plan. They are as follow:
 Selection and admission of applicants from the PHA waiting list, including any PHA admission preferences, procedures for removing applicant names from the waiting list, and procedures for closing and reopening the PHA waiting list (Chapter 4);  Issuing or denying vouchers, including PHA policy governing the voucher term and any extensions of the voucher term. If the PHA decides to allow extensions of the voucher term, the PHA administrative plan must describe how the PHA determines whether to grant extensions, and how the PHA determines the length of any extension (Chapter 5);  Any special rules for use of available funds when HUD provides funding to the PHA for a special purpose (e.g., desegregation), including funding for specified families or a specified category of families (Chapter 4);
 Occupancy policies, including definition of what group of persons may qualify as a 'family', definition of when a family is considered to be 'continuously assisted'; standards for denying admission or terminating assistance based on criminal activity or alcohol abuse in accordance with 982.553 (Chapters 3 and 12);
 Encouraging participation by owners of suitable units located outside areas of low income or minority concentration (Chapter 13);
 Assisting a family that claims that illegal discrimination has prevented the family from leasing a suitable unit (Chapter 2);
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 Providing information about a family to prospective owners (Chapters 3 and 9);  Disapproval of owners (Chapter 13);
 Subsidy standards (Chapter 5);
 Family absence from the dwelling unit (Chapter 12);
 How to determine who remains in the program if a family breaks up (Chapter 3);  Informal review procedures for applicants (Chapter 16);  Informal hearing procedures for participants (Chapter 16);  The process for establishing and revising voucher payment standards (Chapter 16);  Policies on administering decreases and increases in the payment standard during the HAP contract term (Chapter 6);
 The method of determining that rent to owner is a reasonable rent (initially and during the term of a HAP contract) (Chapter 8);
 Special policies concerning special housing types in the program (e.g., use of shared housing) (Chapter 15);
 Policies concerning payment by a family to the PHA of amounts the family owes the PHA (Chapter 16);
 Interim redeterminations of family income and composition (Chapter 11);  Restrictions, if any, on the number of moves by a participant family (Chapter 10);  Approval by the board of commissioners or other authorized officials to charge the administrative fee reserve (Chapter 16);
 Procedural guidelines and performance standards for conducting required housing quality standards inspections (Chapter 8);
 PHA screening of applicants for family behavior or suitability for tenancy (Chapter 3);  Policies governing the project-basing of vouchers in both the standard Project-Based Voucher (PBV) program (Chapter 17) and the RAD Project-Based Voucher program (Chapter 18); and
 Special policies governing any special purpose vouchers issued by the PHA (Chapter 19). 230
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Mandatory vs. Discretionary Policy
HUD makes a distinction between:
 Mandatory policies: those driven by legislation, regulations, current handbooks, notices, and legal opinions, and
 Optional, non-binding guidance, including guidebooks, notices that have expired and recommendations from individual HUD staff.

HUD expects PHAs to adopt local policies and procedures that are consistent with mandatory policies in areas where HUD gives the PHA discretion. The PHA's administrative plan is the foundation of those policies and procedures. HUD’s directions require PHAs to make policy choices that provide sufficient guidance to staff and ensure consistency to program applicants and participants.

Creating policies based upon HUD guidance is not mandatory but provides a PHA with a “safe harbor.” HUD has already determined that the recommendations and suggestions it makes are consistent with mandatory policies. If a PHA adopts an alternative strategy, it must make its own determination that the alternative approach is consistent with legislation, regulations, and other mandatory requirements. There may be very good reasons for adopting a policy or procedure that is different than HUD’s safe harbor, but PHAs should carefully think through those decisions. 1-III.C. ORGANIZATION OF THE PLAN
The plan is organized to provide information to users in particular areas of operation. 1-III.D. UPDATING AND REVISING THE PLAN
The PHA will revise this administrative plan as needed to comply with changes in HUD regulations. The original plan and any changes must be approved by the board of commissioners of the agency, the pertinent sections included in the Agency Plan, and a copy provided to HUD.

PHA Policy
The PHA will review and update the plan as needed, to reflect changes in regulations, PHA operations, or when needed to ensure staff consistency in operation. 231
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Chapter 2

FAIR HOUSING AND EQUAL OPPORTUNITY
PART I: NONDISCRIMINATION
2-I.A. OVERVIEW
Federal laws require PHAs to treat all applicants and participants equally, providing the same opportunity to access services, regardless of family characteristics and background. Federal law prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, age, familial status, and disability. In addition, HUD regulations provide for additional protections regarding sexual orientation, gender identity, and marital status. The PHA will comply fully with all federal, state, and local nondiscrimination laws, and with rules and regulations governing fair housing and equal opportunity in housing and employment, including:
 Title VI of the Civil Rights Act of 1964
 Title VIII of the Civil Rights Act of 1968 (as amended by the Community Development Act of 1974 and the Fair Housing Amendments Act of 1988)
 Executive Orders 11063 and 13988
 Section 504 of the Rehabilitation Act of 1973
 The Age Discrimination Act of 1975
 Title II of the Americans with Disabilities Act (to the extent that it applies, otherwise Section 504 and the Fair Housing Amendments govern)
 The Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity Final Rule, published in the Federal Register February 3, 2012 and further clarified in Notice PIH 2014-20
 Violence Against Women Act (VAWA)
When more than one civil rights law applies to a situation, the laws will be read and applied together.

Any applicable state laws or local ordinances and any legislation protecting individual rights of tenants, applicants, or staff that may subsequently be enacted will also apply.

PHA Policy
No state or local nondiscrimination laws or ordinances apply. 2-I.B. NONDISCRIMINATION
Federal regulations prohibit discrimination against certain protected classes and other groups of people. State and local requirements, as well as PHA policies, can prohibit discrimination based on other factors.

The PHA shall not discriminate because of race, color, sex, religion, familial status, age, disability or national origin (called “protected classes”) 232
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Familial status includes children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18.

The PHA will not discriminate on the basis of marital status, gender identity, or sexual orientation [FR Notice 02/03/12; Executive Order 13988].

PHA Policy
The PHA does not identify any additional protected classes.

The PHA will not use any of these factors to:
 Deny to any family the opportunity to apply for housing, nor deny to any qualified applicant the opportunity to participate in the housing choice voucher program  Provide housing that is different from that provided to others  Subject anyone to segregation or disparate treatment
 Subject anyone to sexual harassment
 Restrict anyone's access to any benefit enjoyed by others in connection with the housing program
 Treat a person differently in determining eligibility or other requirements for admission  Steer an applicant or participant toward or away from a particular area based any of these factors
 Deny anyone access to the same level of services
 Deny anyone the opportunity to participate in a planning or advisory group that is an integral part of the housing program
 Discriminate in the provision of residential real estate transactions  Discriminate against someone because they are related to or associated with a member of a protected class
 Publish or cause to be published an advertisement or notice indicating the availability of housing that prefers or excludes persons who are members of a protected class Providing Information to Families and Owners
The PHA must take steps to ensure that families and owners are fully aware of all applicable civil rights laws. As part of the briefing process, the PHA must provide information to HCV applicant families about civil rights requirements and the opportunity to rent in a broad range of neighborhoods [24 CFR 982.301]. The Housing Assistance Payments (HAP) contract informs owners of the requirement not to discriminate against any person because of race, color, religion, sex, national origin, age, familial status, or disability in connection with the contract. 2-I.C. DISCRIMINATION COMPLIANTS
General Housing Discrimination Complaints
If an applicant or participant believes that any family member has been discriminated against by the PHA or an owner, the family should advise the PHA. The PHA should make every 233
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reasonable attempt to determine whether the applicant’s or participant’s assertions have merit and take any warranted corrective action.

In all cases, the PHA will advise the family that they may file a fair housing complaint if the family feels they have been discriminated against under the Fair Housing Act.

PHA Policy
Applicants or participants who believe that they have been subject to unlawful discrimination may notify the PHA either orally or in writing. The PHA will advise the family of their right to file a fair housing complaint with HUD’s Office of Fair Housing and Equal Opportunity (FHEO). The fair housing poster, posted in conspicuous and accessible locations in PHA lobbies, will reference how to file a complaint with FHEO.

Complaints under the Equal Access Final Rule [Notice PIH 2014-20] Notice PIH 2014-20 requires an articulated complaint process for allegations of discrimination under the Equal Access Final rule. The Equal Access Final Rule requires that PHAs provide equal access regardless of marital status, gender identity, or sexual orientation. The PHA will be informed on these obligations by the HUD Field Office or FHEO when an Equal Access complaint investigation begins.

PHA Policy
Applicants or tenant families who believe that they have been subject to unlawful discrimination based on marital status, gender identity, or sexual orientation under the Equal Access Rule may notify the PHA either orally or in writing.

Within 10 business days of receiving the complaint, the PHA will provide a written notice to those alleged to have violated the rule. The PHA will send a written notice to the complainant informing them that notice was sent to those alleged to have violated the rule, as well as information on how to complete and submit a housing discrimination complaint form to HUD’s Office of Fair Housing and Equal Opportunity (FHEO).

VAWA Complaint Processing [Notice FHEO 2023-01]
A complainant may, not later than one year after an alleged VAWA violation has occurred or terminated, file a complaint with FHEO alleging such violation. If there is a violation that began prior to a year before the complaint is filed, but it continues into the one-year time period, HUD will accept the complaint. FHEO will investigate the complaint if it is timely and FHEO otherwise has jurisdiction. If a complaint is filed more than one year after the alleged violation occurred or terminated, FHEO may, but is not required to, investigate the allegations under the additional authority and procedures described in FHEO 2023-01.

Complaints do not need to allege a violation of the Fair Housing Act for FHEO to accept and investigate the complaint.

PHA Policy
Applicants or tenant families who wish to file a VAWA complaint against the PHA may notify the PHA either orally or in writing.
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The PHA will advise the family of their right to file a VAWA complaint with HUD’s Office of Fair Housing and Equal Opportunity (FHEO). The PHA will inform the family that not later than one year after an alleged VAWA violation has occurred or terminated, applicants and tenants who believe they have been injured by a VAWA violation or will be injured by such a violation that is about to occur may file a VAWA complaint using FHEO’s online complaint form via mail, email, or telephone. 235
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PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES
2-II.A. OVERVIEW
One type of disability discrimination prohibited by the Fair Housing Act is the refusal to make reasonable accommodation in rules, policies, practices, or services when such accommodation may be necessary to afford a person with a disability the equal opportunity to use and enjoy a program or dwelling under the program.

The PHA must ensure that persons with disabilities have full access to the PHA’s programs and services. This responsibility begins with the first contact by an interested family and continues through every aspect of the program.

PHA Policy
The PHA will ask all applicants and participants if they require any type of accommodations, in writing, on the intake application, reexamination documents, and notices of adverse action by the PHA, by including the following language:
“If you or anyone in your family is a person with disabilities, and you require a specific accommodation in order to fully utilize our programs and services, please contact the housing authority.”
A specific name and phone number of designated staff will be provided to process requests for accommodation.

The PHA will display posters and other housing information and signage in locations throughout the PHA’s office in such a manner as to be easily readable from a wheelchair. 2-II.B. DEFINITION OF REASONABLE ACCOMMODATION
A reasonable accommodation is an adjustment made to a rule, policy, practice, or service that allows a person with a disability to have equal access to the HCV program. For example, reasonable accommodations may include making home visits, extending the voucher term, or approving an exception payment standard in order for a participant to lease an accessible dwelling unit.

Federal regulations stipulate that requests for accommodations will be considered reasonable if they do not create an “undue financial and administrative burden” for the PHA, or result in a “fundamental alteration” in the nature of the program or service offered. A fundamental alteration is a modification that alters the essential nature of a provider’s operations.

Types of Reasonable Accommodations
When needed, the PHA will modify normal procedures to accommodate the needs of a person with disabilities. Examples include:
 Permitting applications and reexaminations to be completed by mail  Conducting home visits
 Using higher payment standards (either within the acceptable range or with HUD approval of a payment standard outside the PHA range) if the PHA determines this is necessary to enable 236
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a person with disabilities to obtain a suitable housing unit  Providing time extensions for locating a unit when necessary because of lack of availability of accessible units or special challenges of the family in seeking a unit  Permitting an authorized designee or advocate to participate in the application or certification process and any other meetings with PHA staff
2-II.C. REQUEST FOR AN ACCOMMODATION
If an applicant or participant indicates that an exception, change, or adjustment to a rule, policy, practice, or service is needed because of a disability, HUD requires that the PHA treat the information as a request for a reasonable accommodation, even if no formal request is made [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act].

The family must explain what type of accommodation is needed to provide the person with the disability full access to the PHA’s programs and services.

If the need for the accommodation is not readily apparent or known to the PHA, the family must explain the relationship between the requested accommodation and the disability. There must be an identifiable connection, or nexus, between the requested accommodation and the individual’s disability.

PHA Policy
The PHA will encourage the family to make its request in writing using a reasonable accommodation request form. However, the PHA will consider the accommodation any time the family indicates that an accommodation is needed whether or not a formal written request is submitted.
2-II.D. VERIFICATION OF DISABILITY
The regulatory civil rights definition for persons with disabilities is provided in Exhibit 2-1 at the end of this chapter. The definition of a person with a disability for the purpose of obtaining a reasonable accommodation is much broader than the HUD definition of disability which is used for waiting list preferences and income allowances.

Before providing an accommodation, the PHA must determine that the person meets the definition of a person with a disability, and that the accommodation will enhance the family’s access to the PHA’s programs and services.

If a person’s disability is obvious or otherwise known to the PHA, and if the need for the requested accommodation is also readily apparent or known, no further verification will be required [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act].

If a family indicates that an accommodation is required for a disability that is not obvious or otherwise known to the PHA, the PHA must verify that the person meets the definition of a person with a disability, and that the limitations imposed by the disability require the requested accommodation.

When verifying a disability, the PHA will follow the verification policies provided in Chapter 7.

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Torrance City CouncilNovember 4, 2025

Torrance City Council
November 4, 2025