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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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