Portability
CHAPTER 12: PORTABILITY
A housing choice voucher holder or a participant has the right to receive tenant-based assistance outside the NAHA jurisdiction. The voucher holder or participant may lease a unit anywhere in the United States, in the jurisdiction Ma public housing authority. The NBIIA will brief participant families on portability in an oral presentation when they receive their voucher.
1. Portability requirements for applicant families.
The NBHA does not currently have any jurisdictional requirements or limitations for a voucher holder to utilize the portability features of the housing choice voucher program.
OPTION
A. Applicant Families Residing Outside of Massachusetts
The NBHA Jurisdiction is the Greater New Bedford Area.
Families on the NBHA waiting list in which neither the Head of Household nor the spouse has a Domicile within the NBHA Jurisdiction at the time of initial application have no right to Portability within the first twelve (12) months of HCVP participation.
When such Families reach the top of the waiting list, they will be offered the opportunity to use a Voucher to locate an assisted Unit within the NBHA Jurisdiction. The Family will be withdrawn from the wait list if after appropriate counselling, the Family decides not to exercise this option and is unwilling to reside in the NBHA Jurisdiction for the initial twelve (12) months of assistance.
The NBHA requires that such Families, who initially reside outside of NBHA Jurisdiction. complete twelve (12) months residency in an assisted Unit within NBHA Jurisdiction in order to exercise their option for Portability.
However. NBHA may allow portability to a Unit located in another jurisdiction (notwithstanding the term of the tenant’s existing lease has not expired. or the family has not occupied the Unit for 12 months) so long as the tenant has complied with all other requirements of the Section 8 program and has moved from the Unit in order to protect the health or safety of an individual member of the household who is or has been the victim of Domestic Violence. Dating Violence. Stalking. or Sexual Assault and who reasonably believes that the tenant or other household member will be imminently threatened by ham: from further violence if the individual remains in the present dwelling Unit.
B. Applicant Families within NBHA Jurisdiction
A Family that has not yet leased a Unit under the HCVP is eligible for Portability if the Head of Household or spouse has a Domicile within NBHA Jurisdiction at the time the application was submitted.
Verification of Domicile. A Lease, school records. or voter registration are acceptable forms of documentation to verify Domicile.
2. When an assisted family moves into the NBHA jurisdiction.
A. NBHA procedure for receiving families.
When a family with HCVP assistance from another jurisdiction arrives at the NBHA. the NBHA will issue the family a housing choice voucher to enable the family to conduct a housing search within the NBHA jurisdiction. The voucher issued by the NBHA may not expire before the expiration date established by the initial housing authority. If the voucher has already expired when the NBHA receives the paperwork from the initial housing authority. the NBHA will refer the incoming portable family back to the initial housing authority, who may decide to extend the voucher ten4nd the billing deadline. NBHA (the receiving housing authority) policies and procedures as the regarding extensions and voucher term shall apply. In addition. the NBHA will use its own subsidy standards to determine the appropriate voucher size for a family that will be administered by the NBHA. The NBHA will inform the initial housing authority prior to the effective date of the initial lease whether it will absorb or administer the family’s housing choice voucher assistance. The NBHA will also notify the initial housing authority if it approves an extension to the voucher term or changes the family ‘s voucher size.
The NOFIA’s payment standards are used when the portable family leases a unit. The NBHA will inform the incoming family of the NBIIA’s policies and payment standards before the family begins its housing search. The NBHA may delay approval of the unit or issuance of the voucher if the family refuses to comply with NBHA procedures (such as completing disclosure forms or certifications). The NBHA may not delay issuing a voucher unless recertification is necessary to determine income eligibility. If the NBHA is refusing to process or provide assistance under the portability procedures, the family will be given the opportunity for an informal review or hearing in accordance with Chapters 5 and 13 of this Administrative Plan.
B. Absorb or administer.
The NEIIIA has the option to administer the subsidy on behalf of the initial housing authority or to absorb the portable family into its own housing choice voucher program. The receiving housing authority must promptly inform the initial housing authority whether it will bill the initial housing authority for assistance on behalf of the portable family or will absorb the portable family into its own program.
a) Administer the voucher. If the NBHA decides to administer the initial housing authority’s housing choice voucher assistance. the housing assistance for the portable family comes from the initial housing authority’s housing choice voucher allocation. When the NBHA administers the subsidy. the initial housing authority will retain 20% of the ongoing administrative fee for that housing choice voucher unless both the initial housing authority and the NBHA (receiving housing authority) reach a different agreement. The initial housing authority may also be eligible for a preliminary fee if the portable voucher is part of a funding increment awarded during the first 12 months of the PHAs) housing choice voucher program. The NBHA will bill the initial housing authority for the full amount of the housing assistance payment and 80% (or other amount agreed to by both MIAs) of the ongoing administrative fee earned by the initial housing authority. The NBHA may change its decision to administer a voucher and decide to absorb at any time in the future.
h) Absorb the voucher.
The NBHA may absorb the portable family into its own program once the HAP contract is executed on behalf of the incoming participant family by the NBHA. The HAP contract must be executed within the NBHA jurisdiction for the absorption to take place. If the NBIIA decides to absorb the portable family. funds from the NEIA’s consolidated ACC wilt pay for the family’s housing assistance. The NBHA will specify the effective date of the absorption to the initial housing authority.
C. Extensions and suspensions of a portable voucher.
The NBHA will grant extensions and suspensions to a holder of a portable voucher in accordance with the same standards it uses to grant extensions for participants or applicants within the NBHA jurisdiction who are not exercising portability.
a) Extension that extends after initial homing authority expiration date. If the NBHA is the receiving housing authority and provides an incoming portable family with search time beyond the expiration date of the initial housing authority’s voucher. it must inform the initial housing authority of the extension and should bear in mind the billing deadline provided by the initial housing authority.
Unless willing and able to absorb the family. NBHA will ensure that any voucher expiration date will leave sufficient time to process a RTA, execute a HAP contract, and cover the anticipated delivery time (if the PHA is not submitting the billing information by fax or email) so that it will be received by the initial housing authority by the deadline date.
D. On-going responsibilities of the meeting PHA.
After a portable family leases up in the NBHA jurisdiction, the NBHA is responsible for conducting all interim and annual re-examinations for the family and all HOS inspections of the family’s unit. The NBHA will send the initial housing authority a copy of the updated Form HUD-50058 at each annual recertification for the duration of the time the NBHA is billing the initial housing authority, regardless of whether there is a change in the billing amount.
Under a billing arrangement. the initial housing authority must be informed of all changes affecting the family’s subsidy. After each interim and annual re-examination. the receiving housing authority must send the initial housing authority a completed form HUD-52665 showing the new HAP amount with a copy of the form HUD-5005S if the billing amount changes.
If the receiving PHA has absorbed the family, the family is no longer considered a portable family. The initial housing authority is no longer involved with the family’s subsidy. There is no billing and no communication on other details of the family’s occupancy.
3. When an assisted family moves out of the NBHA jurisdiction.
A. Decision to move outside NBIIA jurisdiction.
When the family decides to move outside the NBHA jurisdiction the NBHA will send the receiving housing authority, by mail or facsimile, a completed form HUD42665. family portability information form and all other required portability documentation.
B. Selecting the retching PHA.
When there is more than one PHA administering a housing choice voucher program within the jurisdiction where the portable families want to move. the initial housing authority has the authority to select the receiving PHA.
C. Limitations on moving.
a) Participants who have utilized portability to move outside the NBHA jurisdiction are bound by the same limitations on moving as participants not exercising portability. Thereafter. a move at the family’s request may not occur more than once in any 12-month period.
b) Exception: A receiving housing authority must absorb the family to alleviate this limitation.
c) The NBHA will not provide portable assistance for a participant family if the family has moved out of its assisted unit in violation of the lease. Ste also 24 C.F.R. 982.355(b)
4. Portability terminations.
The NBHA may terminate a family’s assistance when it is acting as the initial housing authority or the receiving housing authority. In cases where the NBHA is the initial housing authority and is terminating assistance, the participant shall be advised of the reason for the termination as provided by the NBHA and of the participant’s right to request a hearing of the terminating NBHA. The result of decision rendered by the NBHA (the initial housing authority) is binding upon the receiving housing authority. The family’s participation shall be terminated on the date specified in the hearing notice or at the end of the month following the month in which the NBHA has notified the tenant and the owner of the termination, whichever is later.
5. Claims by another PHA.
Any amounts owed by a participant to an initial housing authority. to any prior PHA, or to a receiving housing authority which arc the result of the family’s participation in a housing program while in the jurisdiction of that PHA must be collected by that PHA. The NBHA will not collect amounts owed to another PHA on behalf of that PHA without prior approval of the Director of Leased Housing. Either PHA may contact the HUD state or area office for assistance in resolving portability disputes between PHAs. although efforts to reach mutual agreements without HUD’s involvement are encouraged.
6. Portability billing and payment requirements.
A. Summary of portability billing deadlines.
Failure to may the following deadlines may result in a reduction of administrative fees or a transfer of the amount of baseline units from one housing authority to another in accordance with HUD regulations and guidelines.
a) Submission of initial billing amount(Part II of the Form HUD- 52665) — receiving PHA must submit initial billing notice ( I) within reasonable time following the date the HAP Contract was executed and (2) in time that it will be received no later 60 days following the expiration date of the family’s voucher issued by the initial housing authority.
b) Payment of the first billing amount – initial housing authority makes payment within 30 days of receipt of Pan II of the Form HUD 52665 indicating billing amount.
c) Payment of subsequent billing amounts – The initial housing authority is responsible for ensuring that subsequent billing amounts are received no later than the fifth working day of each month for which the monthly billing amount is due.
d) Notification of change in billing amount or other action – The receiving PHA notifies the initial housing authority of any change in the billing amount as soon as possible (preferably before the effective date to avoid retroactive adjustments).
B. Portability payments.
All payments for administrative fees or housing assistance payments owed to an agency or other PHA administering a voucher for an assisted family who has moved out of the NBHA jurisdiction shall be directly deposited into an account of the agency or PHA. Unless the agency or PHA chooses an alternative method of payment. the agency or PHA shall be required to provide any information reasonably necessary to effectuate the direct deposit.
END.