HUD HCV Guidebook § 2.1.1

An applicant family must1 be allowed to move to another jurisdiction under portability provided that the head
of household or spouse was a resident of the PHA’s jurisdiction at the time the initial application for
assistance was submitted and that all other portability requirements are met. Conversely, non-resident
applicants have no right to move under portability for 12 months from the time the family is admitted to the
HCV program.2 Once a HAP contract is executed on behalf of the applicant family, the family becomes a HCV
participant.

1
    24 CFR § 982.353(b)
2
    24 CFR § 982.353(c)(2)(ii)

Moves and Portability                                                                                    4

Initial PHAs may allow portability moves during this 12-month period.3 The initial PHA may decide to allow
portability when the move would respond to a special family (for example, for employment opportunities) need
but not allow such moves in other instances. The PHA is required to document the exceptions to the
residency requirements in regards to portability in the administrative plan. The PHA may also choose not to
impose a one-year residency requirement and allow for portability immediately for all applicants.
Residency is determined based on the family’s domicile at the time that the family initially submitted their
application for assistance, not at the time they reached the top of the PHA’s waiting list. Domicile means the
legal residence of the household head or spouse as determined by State and local law. The PHA needs to set
a policy in the administrative plan outlining how residency will be verified for those resident applicants wishing
to exercise portability.
Note: Residency requirements associated with portability are different for participants in HUD-VASH and are
described in the Special Purpose Vouchers chapter.