HUD HCV Guidebook § 6

Initial Voucher Term
The initial term of a Housing Choice Voucher must36 be at least 60 calendar days, and this term must be
stated on the voucher. The family must37 submit its request for tenancy approval and a copy of the proposed
lease, including the HUD-prescribed tenancy addendum, within the specified period, unless the PHA grants an
extension.38
While 60 days is the minimum initial term, the PHA may establish a longer term as necessary based on local
housing market conditions. This longer term would reduce the number of requests for extensions in areas
where families experience difficulty in locating an acceptable unit within 60 days. Although there is no
“maximum term,” the term may not be indefinite.
When establishing its policy on the initial term of the voucher, the PHA should consider the same factors as
referenced below in Section 6.2 Extensions of Search Time.

Extensions of Search Time
At its discretion, the PHA may grant extensions of search time and determine the length of an extension and
the circumstances under which extensions will be granted. If the PHA grants an extension, the PHA must
provide notice to the family.39 There is no limit on the number of extensions that the PHA can approve.
Discretionary policies related to extension of search time must40 be described in the PHA’s administrative
plan, including a description of how the PHA determines whether to grant extensions and how the PHA
determines the length of any extension.
Upon a family’s request, PHAs must41 extend the HCV term if needed as a reasonable accommodation to
make the program accessible to a family member who is a person with disabilities. The extension period
must42 be up to the term reasonably required for the purpose of making the program accessible to the family
member with the disability.
When establishing PHA policy on the length of the extension, the PHA should consider the following:

36
   24 CFR 982.303(a)
37
   24 CFR 982.303(a)
38
   24 CFR 982.302(c)
39
   24 CFR 982.303(b)(1)
40
   24 CFR 982.303(b)(1)
41
   24 CFR 982.303(b)(2)
42
   24 CFR 982.303(b)(2)

•    How tight is the local housing market? A PHA located in a tight housing market may wish to
           automatically extend the voucher period whenever an extension is requested due to the likelihood that
           it will take voucher holders longer to locate approvable units. A PHA located in a housing market
           where the supply of affordable units exceeds the demand may choose not to grant extensions except
           in special circumstances.
      •    What is the approximate wait time for an applicant on the waiting list? If the wait is long and there are
           many potentially eligible applicants waiting for an HCV, PHAs may wish to grant extensions only to
           those voucher holders who have demonstrated that they have made a substantial effort to locate a
           suitable housing unit or to those with extenuating circumstances.
When determining who should receive extensions, the PHA should consider the following:
      •    The family’s level of effort to find a suitable unit during the initial term (e.g.,Did the family contact
           owners and real estate companies, search newspaper listings, explore neighborhoods for “For Rent”
           signs, or check with community organizations?);
      •    Level of support services requested by and provided to the family;
      •    Extenuating circumstances that prevented the family from finding a unit, such as:
               o Serious illness or hospitalization in the family;
               o Death in the family;
               o Family emergency; or
               o Obstacles due to employment;
      •    Whether the family has already submitted requests for approval of the tenancy for units that were not
           approved by the PHA; or
      •    Whether family size or other special requirements made finding a unit difficult. For example, family
           size or disability-related circumstances that may make it more difficult for a family to search or find
           acceptable housing.
The PHA should also consider whether they will grant more than one extension to a family. For example, a
PHA may have a policy that they will grant one 30-day extension upon written request but will only grant
additional extensions as a reasonable accommodation or for other extenuating circumstances.
The PHA may request a report(s) or update(s) from the family on its progress in leasing a unit during the initial
or extended search term.
It is good practice to clarify to families that the Housing Choice Voucher term expiration pertains to the
deadline for submission of a request for tenancy approval, not to the date the unit is available for inspection,
the date the PHA completes their approval process, or the date the unit will be available for occupancy. For
example, if an HCV term expiration date is June 15, the request for tenancy approval could be received no
later than June 15, although the occupancy date may be August 1.

Suspension of Search Time
The PHA must43 provide for suspension of the initial or any extended term of the voucher from the date that
the family submits a request for PHA approval of tenancy until the date the PHA notifies the family in writing
whether the request has been approved or denied. “Suspension” means stopping the clock on a family’s HCV
term when a family submits the request for tenancy approval until the time the PHA approves or denies the
request. Suspension applies even if a family that submits a request for tenancy approval decides to cancel

43
     24 CFR 982.303(c)

such request. In such cases, the suspension ends when the PHA learns of the cancellation. This suspension
of time is also called “tolling.”

Example: Voucher Term Expiration
                                                         Voucher Issued:    May 1

                                                    Term of the Voucher:    60 days
                                                 Voucher Expiration Date:   June 29

                             Family Submits Request for Tenancy Approval:   May 15

                                                        PHA Denies Unit:    May 24

                                                            Tolling Time:   9 Days (May 16-May 24)

                                            New Voucher Expiration Date:    July 8 (June 29 + 9 days)

                This example is based on a PHA suspending housing search time from the date the request for
                tenancy approval is received to the date the PHA decides whether to approve or deny the
                assisted tenancy.

Voucher Term Expiration
The PHA’s policy on how to treat a family whose HCV term expires with or without an extension is considered
to be part of the PHA’s policy governing the voucher term and any extensions of the term. Such a policy
must44 be included in the PHA’s administrative plan. The PHA may require the family reapply when the PHA
begins accepting applications or place the family on the waiting list with a new application date without
requiring the family to reapply. However, the PHA may not determine the family to be ineligible for the
program on the grounds that it was not able to lease up.
In addition, an extension may be requested as a reasonable accommodation for a person with disabilities
even after the voucher term expires.

Fair Housing Requirement
If a family believes it has been discriminated against in its search for housing on the basis of race, color,
religion, sex, national origin, familial status, or disability, the family may file a housing discrimination complaint
with any HUD Field Office of Fair Housing and Equal Opportunity (FHEO). The family may also file a complaint
if the family believes it has been discriminated against by the PHA on any of those bases or on the basis of
age. Each briefing packet must45 include the contact information for the Section 504 coordinator, the housing

44
     24 CFR 982.54(d)(2)
45
     24 CFR 982.301(b)(10)

discrimination complaint form (HUD-903.1 or the appropriately translated version), and the PHA must46
provide the family with information on how to fill out and file a housing discrimination complaint. The PHA is
also encouraged to inform FHEO when it learns of possible violations of the Fair Housing Act.
Both PHAs and owners are subject to the nondiscrimination requirements under the Violence Against Women
Reauthorization Act (VAWA) of 2013 and HUD’s implementing VAWA regulations.47 (See the VAWA chapter).
Owners cannot48 deny tenancy based on the fact that an applicant is or has been a survivor of domestic
violence, dating violence, sexual assault, or stalking if the applicant otherwise qualifies for tenancy. VAWA
complaints may raise claims that are covered by the Fair Housing Act. If a family feels it has been subject to
VAWA violations or housing discrimination, the PHA is encouraged to advise the family that it may file a VAWA
and/or Fair Housing Act complaint.
HUD’s assisted and insured housing programs are open to all eligible individuals. Upon receipt of a complaint
alleging a Fair Housing violation from an applicant or participant against an owner who has executed a HAP
contract with a PHA, the PHA is encouraged to advise the family that it may file a Fair Housing Act complaint.
In addition, the PHA must49 determine if a program violation occurred and implement appropriate corrective
action(s). The PHA may seek assistance from its local HUD Field Office of Public Housing in order to make this
determination.