Chapter 1 - San Diego Housing Commission
Chapter 1 - San Diego Housing Commission
Chapter 1 - San Diego Housing Commission
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<strong>Chapter</strong> 7 – Moves with Continued Assistance/Portability<br />
[24 CFR Part 982, Subpart G]<br />
A. INTRODUCTION<br />
HUD regulations permit families to move with continued assistance to another unit within SDHC's<br />
jurisdiction, or to a unit outside of SDHC's jurisdiction under Portability procedures. The regulations also<br />
allow SDHC the discretion to develop policies that define any limitations or restrictions on moves. This<br />
<strong>Chapter</strong> defines the procedures for moves, both within and outside of SDHC's jurisdiction, and the<br />
policies for restriction and limitations on moves.<br />
B. ALLOWABLE MOVES<br />
A family may move to a new unit with continued assistance one time within a twelve-month period if:<br />
- The assisted lease for the old unit has terminated because SDHC has terminated the HAP contract<br />
for owner breach, or the lease was terminated by mutual agreement of the owner and the family.<br />
- The owner has given the family a notice to vacate, or has commenced an action to evict the tenant,<br />
or has obtained a court judgment or other process allowing the owner to evict the family (unless<br />
assistance to the family will be terminated).<br />
- The family has given proper notice of lease termination (and the family has a right to terminate the<br />
lease on notice to owner).<br />
- The move has been approved as a reasonable accommodation.<br />
- An exception has been approved by a Supervisor.<br />
C. RESTRICTIONS ON MOVES [24 CFR 982.314(e), 982.551, 982.552(a)&(c)]<br />
Families will not be permitted to move within SDHC's jurisdiction during the initial term of assisted<br />
occupancy.<br />
Families will not be permitted to move more than once in a 12-month period.<br />
SDHC will deny permission to move if there is insufficient funding for continued assistance.<br />
SDHC will deny permission to move if:<br />
- SDHC has evidence that the family has violated a Family Obligation<br />
- The family owes SDHC money and is not up to date with their repayment agreement<br />
- The family has moved within the last 12 months<br />
- The family has moved twice within the last three years<br />
- The family is a zero income household<br />
- The family has been issued a Notice of Intended Action to terminate assistance.<br />
The <strong>Housing</strong> Supervisor may make exceptions to these restrictions if there are compelling circumstances<br />
for the move.<br />
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