24 C.F.R. § 982.315
§ 982.315 Family break-up. (24 CFR Part 982)
Operative Text
(a)(1) The PHA has discretion to determine which members of an assisted family continue to receive assistance in the program if the family breaks up. The PHA Administrative Plan must state PHA policies on how to decide who remains in the program if the family breaks up. (2) If the family break-up results from an occurrence of domestic violence, dating violence, sexual assault, or stalking as provided in 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking), the PHA must ensure that the victim retains assistance. (b) The factors to be considered in making this decision under the PHA policy may include: (1) Whether the assistance should remain with family members remaining in the original assisted unit. (2) The interest of minor children or of ill, elderly, or disabled family members. (3) Whether family members are forced to leave the unit as a result of actual or threatened domestic violence, dating violence, sexual assault, or stalking. (4) Whether any of the family members are receiving protection as victims of domestic violence, dating violence, sexual assault, or stalking, as provided in 24 CFR part 5, subpart L, and whether the abuser is still in the household. (5) Other factors specified by the PHA. (c) If a court determines the disposition of property between members of the assisted family in a divorce or separation under a settlement or judicial decree, the PHA is bound by the court's determination of which family members continue to receive assistance in the program.
Under 24 CFR Part 982 § 982.315, when a household receiving Housing Choice Voucher assistance splits apart, the public housing authority (PHA) generally has discretion to decide which former household members continue to receive that assistance, guided by policies set out in its Administrative Plan. However, that discretion has a firm limit: if the family break-up stems from domestic violence, dating violence, sexual assault, or stalking, the rule requires that the victim retain the assistance. Additionally, when a court issues a divorce or separation decree that addresses property and housing arrangements among assisted family members, the PHA must follow that court determination rather than exercise its own independent judgment.
Plain English — not legal advice.
Property owners and managers participating in the Housing Choice Voucher program under 24 CFR Part 982 § 982.315 should be aware that when an assisted household dissolves, the PHA—not the landlord—determines which individuals retain voucher assistance, in accordance with the PHA's published Administrative Plan. Compliant operators generally coordinate with the PHA when a household break-up affects tenancy, recognizing that a victim of domestic violence, dating violence, sexual assault, or stalking has a protected right to retain assistance under this provision. When a court order governs the division of a household in a divorce or separation, operators typically look to the PHA's updated determination, which must align with that court decree, before adjusting any tenancy arrangements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 24 CFR Part 982 § 982.315, if your assisted household breaks up, you have the right to know how your PHA decides who keeps the voucher—those policies must be written into the PHA's publicly available Administrative Plan, which you can request and review. If the break-up occurred because you experienced domestic violence, dating violence, sexual assault, or stalking, the rule specifically protects your right to retain assistance, and you may raise this protection by notifying your PHA and referencing the VAWA protections in 24 CFR part 5, subpart L. If a court has issued a divorce or separation order addressing your housing situation, that order binds the PHA's decision; tenant-rights organizations or legal aid offices can help you understand how to present relevant documentation to your PHA.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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