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Portability

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									Procedures and Corrective Actions
       Notice PIH 2008-43
 Mobility is a key feature of the
Housing Choice Voucher Program.




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 Mobility of assistance allows families to move from one
 unit to another within or outside the jurisdiction of the
 PHA that initially issued the family’s voucher




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                        INITIAL PHA
Initial PHA supports families within its jurisdiction who
request to move OUTSIDE/AWAY FROM that PHA’s
servicing area.

  Current program participant(s)receiving assistance


  Unassisted Wait list applicant(s)


  Voucher Homeownership participant (s)( 24CFR982.636)




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     INITIAL PHA RESPONSBILITIES
 Family MUST inform the initial PHA of the area they wish
  to move to
 Non program participants must be determined income
  eligible by the initial PHA for the requested area
 Current program participant are not required to have their
  income redetermined
 Notifies receiving PHA of the family’s pending arrival via
  HUD form 52665, issued voucher, current Family Report
  (HUD Form 50058)and copies of the income verification to
  support the Family Report
 If the family is an applicant, family and income
  information must be provided to the receiving PHA
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 Provide the date initial billing is due (no later than 60 days
  following the expiration of the family’s issued voucher)

 Contact receiving PHA if billing notice has not been
  received by deadline date

 If the receiving PHA determines the family is NOT under a
  HAP Contract then the initial PHA may deny the
  acceptance of the billing notice (if received after the
  deadline date), return the billing notice(HUD Form 52665)
  and the receiving PHA MUST absorb the family.




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 If the receiving PHA reports the family IS under
  contract and can not absorb the family then the initial
  PHA is required to accept the late billing
 Report the receiving PHA’s failure to comply to the
  initial PHA’s deadline based on HUD Procedures to
  the HUD Area Office of Public Housing which serves
  as jurisdiction over that particular PHA.




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                    RECEIVING PHA
Receiving PHA supports families who wish to
search/move to a unit within its jurisdiction

  Current program participant(s) receiving assistance


  Unassisted Wait list applicant(s)


  Voucher Homeownership participant(s)(24CFR982.636)




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RECEIVING PHA RESPONSIBILITIES
 MUST promptly issue voucher to family to search in its
  jurisdiction
 Voucher can not expire before the issuance date of the initial
  PHA
 May provide additional search time to the family beyond the
  expiration date of the initial PHA(keeping in mind the billing
  deadline of the initial PHA)
 Return any expired voucher received from the initial PHA
 Process incoming portable paperwork and issue voucher within 2
  weeks of receiving HUD form 52665
 May not delay the issuance/family search



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 Receiving PHA may conduct background, new income re-examination
  due to the family’s failure to report and based on the results determine
  the issuance of the voucher
 An applicant’s delay is warranted only if the recertification is necessary
  to determine eligibility
 In any case, if the PHA is refusing to process or provide assistance
  under portability, the family MUST be given the opportunity for an
  informal review or hearing (24CFR982.554 and 24CFR982.555)
 If a family decides not to lease in the receiving jurisdiction the
  receiving PHA MUST refer the family back to the initial PHA
 May absorb the family into its own program once the HAP Contract is
  executed by the receiving PHA.
 If a family is not absorbed into the receiving PHA and the family
  requests to move, the receiving PHA must notify the initial PHA. The
  initial PHA will contact the NEW receiving PHA. It is important that
  ALL THREE PHA’s have good communication

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                          Denials
 Family’s action or failure to act( 24CFR982.552-553)
 Family is a non-resident applicant or non-resident applicant with
  less than 12 months of assistance since admission to the program
  ( 24 CFR982.535 (c)).
 Family is not income eligible for the area they wish to lease a unit
  (24CFR982.353(d)(1))
 PHA’s established policy on timing and frequency of moves do
  not comply with the family’s request
 PHA does not have sufficient funding to support the move
  (24CFR982.314(e)(1))
 Family moves out in violation of the lease with the exception of
  the Violence Against Women Act



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               Billing/ Payments
 Receiving PHA may choose to absorb or bill the initial
  agency for the full amount of HAP plus 80% of the initial
  PHA’s on going administrative fees or another negotiated
  amount agreed upon by both PHAs for each month the
  family receives assistance for the receiving PHA
 Receiving PHA MUST comply with HUD’s financial
  procedures , billing forms and payment deadlines
 Initial PHAs may voluntarily request to have available
  funds to be transferred from their Annual Contributions
  Contract(ACC) to eliminate portability billing
  arrangements


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 Receiving PHA MUST submit initial billing notice no later than
  10 days following the date the HAP Contract was executed; initial
  PHA must receive the billing statement no later than 60 days
  following the expiration of the family’s voucher issued by the
  initial PHA.
 Initial PHA must remit the 1st payment within 30 days of receipt
  of the billing amount stated on Part II of Family Report (HUD
  form 50058); all other subsequent amounts are to be received by
  the 5th working day of each month.
 Notification of any changes are to be reported to the initial PHA
  no later than 10 working days following the effective date of the
  change
 Receiving PHA may not retro absorbing families for any time
  period before 10 working days prior to the initial PHA’s
  notification


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             Billing Example #1
 If the Receiving PHA
 Executes a HAP Contract on November 16, 2008
 Family Voucher Expires November 30, 2008
 Effective Date of the HAP Contract was November 1, 2008
 Receiving PHA sends initial billing notice to the Initial
   PHA on February 13, 2009
Initial PHA receives billing notice February 15, 2009
Did the Receiving PHA follow procedure?


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               Billing Answer
NO. The receiving PHA should have sent the initial
 billing notice to the initial PHA no later than 10 days
 following the PHA’s EXECUTION of the HAP
 Contract. This date should be within 60 days following
 the EXPIRATION DATE of the family voucher issued
 by the INITIAL PHA.

NOTE: THE DATE THE HAP CONTRACT IS
 EXECUTED IS KEY. NOT THE EFFECTIVE DATE OF
 THE HAP CONTRACT.

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          Billing Example #2
Receiving PHA has an increase in billing effective June
1, 2008, however they do not send notice to the initial
PHA until November 20, 2008.

How many months of payment should be included in
initial PHA’s payment?




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                   Answer
The only payment required from the initial PHA is the
amount for the upcoming month. The initial PHA is
not responsible for any increase prior to the
forthcoming month.




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     Penalties (24CFR982.355(f)(1))
      HUD may at its discretion:
 Assess penalties to PHAs who do not comply with HUD
    regulations regarding billing, notification of terminations
    or changes in billing amounts.
   Transfer available funds (ACC) from one PHA to the other
    depending on which PHA was deemed at fault.
   Reduce administrative fees up to 5% for two quarters
    following an improper denial due to insufficient funding
   Direct the PHA NOT to utilize their admin reserve account
    (24CFR 982.155(b)(3))
   Reduce admin fee for the Receiving PHA by 10% for failure
    to notify the initial PHA of the billing termination

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     Portability Reporting in PIC
Action Code #4: Receiving PHA
       Portability Move-in: Previously assisted families moving into
  a new jurisdiction; regardless if the receiving PHA absorbs or bills

Action Code #2: Receiving PHA
       New Admission: Family’s first admission (wait list)

Action Code #5: Portability Move-out
       Family moves out of the initial PHA’s jurisdiction;
       regardless if the receiving PHA absorbs or bills

NOTE: PIC automatically generates a #5 when the receiving
 PHA completes a #4 or #1

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         Additional Data Entry
 In order to ensure proper accurate reporting under the
  Family Report (Hud Form 50058 line 12d)make sure
  “Y” is entered if the family moved under portability as
  a new admission or move in regardless if the family is
  absorbed or billed.
 To ensure reporting rates are accurate under line 12f of
  the Family Report it is important to enter the correct
  PHA Code.



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               CONCLUSION
 It is imperative when assisting families with portability
  that PHA’s continue to keep the lines of
  communication open.
 To ensure the proper administration of portability,
  PHAs should continue to keep in mind the importance
  of obtaining any and all supporting documents to
  assist them in the decision making process based on
  HUD regulations and current notices.




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