HUD HCV Guidebook § 2

Eligibility Requirements and Family Responsibilities (HUD HCV Guidebook)

HUD guidance — not codified law
In Force
Verified 11/9/2026 · Next check 11/16/2026
effective 9/25/2026FederalSection 8 HCV

Operative Text

HUD HCV Guidebook § 2
Generally, families who are participants in the HCV program are eligible to move under portability as long as
such a move is not in violation of the lease, with some exceptions, and as long as the move complies with the
PHA’s policies on family moves. Section 3 of this chapter describes the limitations on portability moves and
the exceptions to such limitations.
There are additional eligibility requirements for applicant families, which are described in more detail in this
section. Applicant families are those that have been selected from the PHA’s waiting list but for whom a HAP
contract has not yet been executed.
Source: Legislative text reproduced verbatim
Plain English

Under HUD Housing Choice Voucher Guidebook § 2, the portability rules distinguish between two groups: current program participants and applicant families. Participants who are already in the program may generally move to another jurisdiction under portability, provided the move does not violate their lease and conforms to the relevant Public Housing Authority's policies. Applicant families — those selected from a waiting list but not yet under a Housing Assistance Payments contract — face additional eligibility requirements before portability is available to them.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 26, 2026

Plain English — not legal advice.

For Property Managers

HCV Guidebook § 2 establishes that a family's portability eligibility depends on whether they are an active participant or still an applicant awaiting a HAP contract. Property owners and managers working with voucher holders should be aware that a participant's right to move is conditioned on lease compliance and PHA policy, meaning a move that violates the lease could affect the family's portability status. Operators administering HAP contracts should familiarize themselves with the limitations outlined in Section 3 of this chapter, which governs when portability moves may be restricted.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

HCV Guidebook § 2 outlines the general framework for who can use portability to move with a Housing Choice Voucher. If you are a current program participant, your ability to move under portability is generally protected as long as your move does not breach your lease and follows your PHA's policies; Section 3 of this chapter details specific limitations and exceptions that may apply. If you are an applicant family — meaning you have been selected from a waiting list but do not yet have a HAP contract — additional eligibility requirements apply, and contacting your local PHA or a tenant-rights organization can help clarify what steps are involved.

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 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 25, 2026
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Related Rules

§ 888.113
§ 888.113 Fair market rents for existing housing: Methodology.
§ 888.115
§ 888.115 Fair market rents for existing housing: Manner of publication.
§ 0770-01-05-.05
CONFLICT OF INTEREST.

Source Information

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