Once a tenant has found a new home, had it inspected, signed the lease, signed the HAP contract, and moved in, the tenant is obligated, except in special circumstances, to remain in the unit as a tenant until the PHA approves a move from the unit. Failure to follow proper “program move” procedure exposes a tenant to risks ranging from a period of non-assistance (meaning the tenant will be responsible for the entire lease amount to a new landlord) to termination from the program. Following the initial lease term when the lease reverts to a month-to-month arrangement, a tenant can request a program move by giving advance notice to both the landlord and the PHA of the tenant’s desire to move. It is important that the tenant has resolved any outstanding issues or defaults with the landlord, as many PHAs use form documents to request information as to the current status of a tenant before they will approve a move. Not only will the PHA delay the move process but if the issues/defaults violate a family obligation,1  a proposed termination may result. Further, many landlords wait until this time to specifically “speak their side” knowing it is their best chance to obstruct the move or to receive assistance from the PHA to resolve any issues they may have had with the tenant such as damages or late fees. However, you should argue that a PHA should not delay a tenant’s move based on disputed charges that have not been litigated.

A PHA may, through its Administrative Plan, enact rules that prohibit a tenant from conducting a program move during the initial term of a lease.2  This leads to a particularly troubling situation if the landlord-tenant relationship has so deteriorated that the landlord is willing to do anything to get an eviction and force the tenant out of the unit. While you may be able to successfully defend against the eviction, rarely does even educating the landlord about the parties’ rights and obligations in the HCVP have the effect of repairing a damaged landlord-tenant bond. Tenants, faced with an angry, motivated landlord who wants them out, are forced to choose between continuously fighting off eviction actions or moving in violation of the program rules. Without experience and knowledge of the bureaucratic practices of the PHA, it is impossible to know which option is best for your client. Your first move in these situations must be to contact the PHA and hope that you can successfully convey the true nature of what is going on. The sooner the PHA is made aware of the total circumstances, the better chance your client will have to move assisted. You must remain active and prepared, however, as an improper program move will almost assuredly trigger a proposed termination and the need for an informal hearing.

A tenant who is a survivor of domestic violence or sexual assault may request a move for safety reasons at any time.3  A tenant may also be eligible for a program move in the first year of tenancy as a reasonable accommodation for a disability.

• 124 C.F.R. § 982.551.
• 224 C.F.R. § 982.354(c)(2)(i).
• 324 C.F.R. § 982.354(c)(2)(iii).

HCVP participants have the option of moving not only within their home PHA’s jurisdiction but also to another PHA’s jurisdiction. Under this portability process, an HCVP participant can have the voucher “ported” to a new PHA jurisdiction that will issue the voucher and allow the participant to look for housing and apply the voucher in the new area.

The procedures for this are spelled out in 24 C.F.R. § 982.355(c). In brief, the “initial” PHA informs the participant on how to reach the “receiving” PHA in the area the participant wants to move to. The participant must then contact the receiving PHA. If the receiving PHA intends to “bill” the voucher, the PHA will only administer the voucher, billing the costs back to the initial PHA. Under this method the initial PHA remains financially liable for the voucher and retains, along with the receiving PHA, the right to deny or terminate assistance to the family.1  If the receiving PHA intends to “absorb” the voucher, the receiving PHA assumes the full financial liability and becomes the sole PHA able to deny or terminate assistance to the family. The “absorbing” process essentially transforms the receiving PHA into a new initial PHA for the participant.

• 124 C.F.R. §§ 982.552, .553.