HUD HCV Guidebook § 3.1.2
Discretionary Denial of a Family Request to Move (HUD HCV Guidebook)
Operative Text
PHAs may deny a family’s request to move under the following program regulations:
1. The family’s action or failure to act as described in 24 CFR 982.552 or 982.553. For example, a
move may be denied if the family breaches an agreement with the PHA to pay amounts owed to
the PHA.
2. The request to move does not comply with the PHA’s policies on the timing and frequency of
moves in accordance with 24 CFR 982.354(c)(2). These policies include prohibiting any move by
the family within the initial lease term and prohibiting more than one move by the family during
any one-year period. A PHA must14 not establish a policy that restricts families from moving only at
the time of their annual reexamination. These policies must 15 be consistent with applicable civil
rights laws and regulations.
10
24 CFR § 982.355(c)(8)
11
24 CFR § 982.551(f)
12
24 CFR § 982.353(d)(1); PIH Notice 2016-09(6)(a)
13
24 CFR § 982.353(b)
14
PIH Notice 2016-09(6)(b)
15
PIH Notice 2016-09(6)(b)
Moves and Portability 6
3. The PHA has insufficient funding for continued assistance in accordance with 24 CFR
982.354(e)(1). See Section 3.3 of this chapter for more information.
4. The family is a non-resident applicant and is requesting to port.HUD Housing Choice Voucher Guidebook § 3.1.2 establishes that Public Housing Authorities (PHAs) have discretionary authority to deny a Housing Choice Voucher family's request to move under specific, defined circumstances. These include a family's failure to meet obligations such as repaying amounts owed, move requests that conflict with PHA timing or frequency policies (such as moves within an initial lease term or more than one move per year), insufficient PHA funding to support continued assistance, or a non-resident applicant seeking to port their voucher. Importantly, PHAs are prohibited from restricting moves solely to the time of annual reexaminations, and all move-frequency policies must comply with applicable civil rights laws.
Plain English — not legal advice.
Under HUD Housing Choice Voucher Guidebook § 3.1.2, property owners participating in the Housing Choice Voucher program should be aware that a family's ability to move is subject to PHA discretionary review, not solely the landlord's actions. Compliant operators generally maintain clear records of any lease terms and communicate promptly with the PHA regarding a family's tenancy status, since a denial of a move request may affect the timing of a unit vacancy. Understanding that PHAs operate under funding constraints and established move-frequency policies can help operators anticipate and plan for potential delays in voucher transfers.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HUD Housing Choice Voucher Guidebook § 3.1.2 outlines the specific grounds on which a PHA may deny a voucher holder's request to move, including outstanding debts to the PHA, violations of move-timing or frequency policies, insufficient PHA funding, or non-resident portability requests. Voucher holders who believe a move denial was improper — for example, if it appears to conflict with civil rights protections or was based on a policy restricting moves only to annual reexamination periods — generally have the right to request an informal hearing through the PHA. Tenant-rights organizations and local legal aid offices can help voucher holders understand the grounds for a denial and the available administrative processes.
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.
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