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Aberdeen, SD 57401

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Portability Policy

Section 8 Portability

Policies & Procedures

  1. General Policies of the Aberdeen Housing AuthorityA family whose head or spouse has a domicile (legal residence) in the jurisdiction of the Aberdeen Housing Authority at the time the family first submits its application for participation in the program to the Aberdeen Housing Authority may lease a unit anywhere in the jurisdiction of the Aberdeen Housing Authority or outside the Aberdeen Housing Authority jurisdiction as long as there is another entity operating a tenant-based Section 8 Program covering the location of the proposed unit.

    If the head or spouse of the assisted family does not have a legal residence in the jurisdiction of the Aberdeen Housing Authority at the time of its application, the family will not have any right to lease a unit outside of the Aberdeen Housing Authority jurisdiction for a 12-month period beginning when the family is first admitted to the program. During this period, the family may only lease a unit located in the jurisdiction of the Aberdeen Housing Authority.

    Participating families are allowed to move to another unit after the initial twelve (12) months has expired or if the Housing Authority has terminated the HAP contract. The Aberdeen Housing Authority will issue the family a new voucher if the family does not owe the Aberdeen Housing Authority or any other Housing Authority money, has not violated a Family Obligation, has not moved or been issued a voucher within the last twelve (12) months, and if the Aberdeen Housing Authority has sufficient funding for continued assistance. If the move is necessitated for a reason other than family choice, the 12-month requirement will be waived.

    Any moves to another unit for any other reason before the initial twelve (12) months has expired will be considered by Aberdeen Housing Authority management on a case by case basis.

    Families may only move to a jurisdiction where a Section 8 Program is being administered.

    If a family has moved out of their assisted unit in violation of the lease, the Aberdeen Housing Authority will not issue a voucher, and will terminate assistance in compliance with Section 18.0, Termination of the Lease and Contract, in the Section 8 Administration Plan.

  2. Income Eligibility
    1. AdmissionA family must be income-eligible in the area where the family first leases a unit with assistance in the Voucher Program.
    2. If a portable family is already a participant in the InitialHousing Authority’s Voucher Program, income eligibility is not re-determined.
  3. Portability: Administration by Receiving Housing Authority
    1. When a family utilizes portability to move to an area outsidethe initial Housing Authority jurisdiction, another Housing

      Authority (the Receiving Housing Authority) must administer

      assistance for the family if that Housing Authority has a

      tenant-based program covering the area where the unit is

      located.

    2. A Housing Authority with jurisdiction in the area where thefamily wants to lease a unit must issue the family a voucher.

      If there is more than one such housing authority, the Initial

      Housing Authority may choose which housing authority shall

      Become the Receiving Housing Authority.

  4. Portability Procedures
      1. When the Aberdeen Housing Authority is the Initial HousingAuthority:

     

        1. The Aberdeen Housing Authority will brief the family on the process that must take place to exercise portability. The family will be required to attend an applicant briefing.
        2. The Aberdeen Housing Authority will determine whether the family is income-eligible in the area where the family wants to lease a unit (if applicable).
        3. The Aberdeen Housing Authority will advise the family how to contact and request assistance from the Receiving Housing Authority.
        4. The Aberdeen Housing Authority will notify the Receiving Housing Authority to expect the family.
        5. The Aberdeen Housing Authority will immediately mailto the Receiving Housing Authority the most recent HUD Form 50058 (Family Report) for the family, and related verification information.
      1. When the Aberdeen Housing Authority is the Receiving Housing Authority:

     

        1. When the portable family requests assistance from theAberdeen Housing Authority, the Aberdeen Housing Authority will inform the Initial Housing Authority whether it will bill the Initial Housing Authority for assistance on behalf of the portable family, or absorb the family into its own program. When the Aberdeen Housing Authority receives a portable family, the family will be absorbed if funds are available.
        2. The Aberdeen Housing Authority will issue a voucher to the family. The term of the Aberdeen Housing Authority’s voucher will not expire before the expiration date of any Initial Housing Authority’s voucher. The Aberdeen Housing Authority will determine whether to extend the voucher term. The family must submit a request for tenancy approval to the Aberdeen HousingAuthority during the term of the Aberdeen Housing Authority’s voucher.
        3. The Aberdeen Housing Authority will determine thefamily unit size for the portable family. The family unit size is determined in accordance with the Aberdeen Housing Authority’s subsidy standards.
        4. The Aberdeen Housing Authority will notify the InitialHousing Authority if the family has leased an eligible unit under the program, or if the family fails to submit a request for tenancy approval for an eligible unit within the term of the voucher.
        5. If the Aberdeen Housing Authority opts to conduct a newreexamination, the Aberdeen Housing Authority will not delay issuing the family a voucher or otherwise delay approval of a unit unless the re-certification is necessary to determine income eligibility.
        6. In order to provide tenant-based assistance for portablefamilies, the Aberdeen Housing Authority will perform all Housing Authority program functions, such as reexaminations of family income and composition. At any time, either the Initial Housing Authority or the Aberdeen Housing Authority may make a determination to deny or terminate assistance to the family in accordance with 24 CFR 982.552.
      1. Absorption by the Aberdeen Housing Authority

     

        1. If funding is available under the consolidated ACC forthe Aberdeen Housing Authority’s Voucher Program when the portable family is received, the Aberdeen Housing Authority will absorb the family into its Voucher Program. After absorption, the family is assisted with funds available under the consolidated ACC for the Aberdeen Housing Authority’s Tenant-Based Program.
      1. Portability Billing

     

        1. To cover assistance for a portable family, the Receiving Housing Authority may bill the Initial Housing Authority for housing assistance payments and administrative fees. The billing procedure will be as follows:a. As the Initial Housing Authority, the Aberdeen

          Housing Authority will promptly reimburse the Receiving Housing Authority for the full amount of the housing assistance payments made by the Receiving Housing Authority for the portable family. The amount of the housing assistance payment for a portable family in the Receiving Housing Authority’s program is determined in the same manner as for other families in the Receiving Housing Authority’s program.

          b. The Initial Housing Authority will promptly

          reimburse the Receiving Housing Authority for 80% of the Initial Housing Authority’s ongoing administrative fee for each unit month that the family receives assistance under the tenant-based programs and is assisted by the Receiving Housing Authority. If both Housing Authority’s agree, we may negotiate a different amount of reimbursement.

      1. When a Portable Family Moves

     

      1. When a portable family moves out of the tenant-based program of a Receiving Housing Authority that has not absorbed the family, the Housing Authority in the new jurisdiction to which the family moves becomes the Receiving Housing Authority, and the first Receiving Housing Authority is no longer required to provide assistance for the family.

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