
Voucher Portability Notice Restated, With Slight Amendments
PIH Notice 2012- 42 provides guidance to public housing agencies (PHAs) about policies and procedures regarding a household’s wish to move to another PHA’s area with a Housing Choice Voucher, known as “portability.” This notice restates PIH Notice 2011- 3 (see Memo, 1/28/11). It also adds language about two topics.
First, the notice reminds PHAs that they cannot have a policy that limits a household’s choice of moving to the time of their annual reexamination. Only two move policy restrictions are allowed by regulation:
• Prohibiting moves during the initial lease term.
• Prohibiting more than one move during a one-year period.
Second, the notice adds text regarding reasonable accommodation for households with a disabled member.
• When a request to move is necessary for a resident with a disability to benefit, PHAs must consider such requests for reasonable accommodations in accordance with various HUD regulations.
• PHAs should consider extending the time allowed to search for a home suitable to the household’s needs.
• If a PHA has a discretionary policy limiting portability, the PHA must grant the accommodation unless doing so would impose an undue financial and administrative burden on the PHA.
• If portability is limited by a regulation, the PHA must assess whether the requested accommodation would impose an undue financial and administrative burden on the PHA.
o If not, the PHA must seek a waiver from HUD.
o If there would be undue financial and administrative burden, the local HUD office must review a PHA’s reasonable accommodation denial. If there is a complaint, an additional review must be conducted by the Office of Fair Housing and Equal Opportunity.
Click here for PIH Notice 2012- 42.