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 />
D. PROCEDURE FOR MOVES [24 CFR 982.302(a), 982.305(a)(5), 982.314]<br />
1. Issuance of Voucher<br />
Subject to the above restrictions on moves, SDHC will issue the family a voucher.<br />
2. Notice Requirements<br />
The family must give the owner a written notice of intent to vacate and simultaneously give a copy<br />
of the written notice to SDHC. The notice given by the family must be at least a thirty (30) day<br />
notice. The rent on the family’s new unit will begin no sooner than the day after the expiration of<br />
the tenant’s notice to vacate.<br />
3. Time of Contract Change [24 CFR 982.311(d)]<br />
A move within the same building or project, or between buildings owned by the same owner, will be<br />
processed as any other move. The <strong>Housing</strong> Supervisor may make exceptions to these restrictions<br />
for purposes of reasonable accommodation or to prevent a hardship to the family.<br />
In a move, assistance stops at the old unit at the end of the notice provided by the tenant. When<br />
the notice is provided by the owner, assistance stops when the tenant vacates the unit, provided<br />
both the unit and the tenant remain eligible for the program. When the owner issues a notice and<br />
the tenant remains in the unit, SDHC will stop the HAP payment at the end of the owner’s initial<br />
notice to the tenant. SDHC will provide the owner HAP payments for the additional period of time<br />
that the tenant remains in the unit upon receipt of confirmation of the date that the tenant movedout.<br />
Assistance will start on the new unit on the effective date of the lease and contract. The<br />
<strong>Housing</strong> Supervisor may make exceptions to the stop payment date of the housing assistance<br />
payment if/when necessary as prescribed by HUD guidelines.<br />
E. OUTGOING PORTABILITY [24 CFR 982.353, 982.355, 982.552 9(a)&(c)]<br />
Within the limitations of the regulations and this policy, a participant family has the right to receive<br />
tenant-based voucher assistance to lease a unit outside SDHC's jurisdiction, anywhere in the United<br />
States, in the jurisdiction of a PHA with a tenant-based program. When a family requests to move<br />
outside of SDHC's jurisdiction, the request must specify the area to which the family wants to move.<br />
If there is more than one PHA in the area in which the family has selected a unit, SDHC will select the<br />
receiving PHA.<br />
The receiving PHA must comply with HUD regulations in order for SDHC to reimburse the HAP subsidy.<br />
1. Restrictions on Portability<br />
SDHC will not permit families to exercise portability if:<br />
- The family is within the first term of their lease.<br />
- The family is in violation of a family obligation.<br />
- The family owes money to SDHC.<br />
- The family has moved within the last 12 months.<br />
- The family’s voucher will expire in 30 days or less.<br />
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