HUD HCV Guidebook § 5.1.1
Extreme Circumstances (HUD HCV Guidebook)
Operative Text
Under certain circumstances, HUD may exempt a receiving PHA from the requirement to assist an incoming portability family. The receiving PHA can only refuse to assist a portability family after receiving written approval from HUD. The receiving PHA initiates requests to deny administration of portability vouchers by sending a written request to the Director of the local PIH field office. The request must,56 at a minimum, address the circumstances that prevent the receiving PHA from processing incoming portability families, including any documentation supporting the request. The local HUD office, at its discretion, may request additional information deemed necessary to process the request. The local PIH field office Director will render a decision in writing to the PHA within 30 days from receipt of the PHA’s request. Such requests are meant only for extreme circumstances, such as when the receiving PHA is in a presidentially declared-disaster area.
Under HUD Housing Choice Voucher Guidebook § 5.1.1, a Public Housing Authority (PHA) that would normally be required to assist families transferring in through the portability process may, in extreme circumstances, be exempted from that obligation. The exemption is not automatic — the receiving PHA must submit a written request to the local PIH field office Director, who has 30 days to issue a written decision. HUD retains final authority, and the receiving PHA cannot refuse to assist a portability family without first obtaining written approval from HUD. This provision is intended for genuinely exceptional situations, such as when the receiving PHA is located in a presidentially declared disaster area.
Plain English — not legal advice.
HUD Housing Choice Voucher Guidebook § 5.1.1 governs a process that applies to Public Housing Authorities rather than private landlords directly, but property owners participating in the Housing Choice Voucher program should be aware that a receiving PHA's ability to administer incoming portability vouchers can be temporarily suspended under extreme circumstances. Operators managing properties in areas that have experienced a presidentially declared disaster may encounter delays or disruptions in portability administration while a PHA's exemption request is pending or approved. Staying in communication with the local PHA and understanding that any refusal to process portability families requires prior written HUD approval can help landlords anticipate administrative timelines.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 5.1.1 of the HUD Housing Choice Voucher Guidebook, a receiving PHA cannot simply refuse to process your portability move on its own — it must first obtain written approval from HUD through a formal request process. If you are a voucher holder attempting to port your voucher and the receiving PHA indicates it cannot assist you, you have the right to understand whether that refusal has been formally authorized by HUD in writing. Tenants in this situation may consider contacting HUD's local PIH field office directly, reaching out to a local tenant-rights organization, or consulting the initiating PHA for guidance on available options.
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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