HUD HCV Guidebook § 5.1.2

Additionally, receiving PHAs may refuse to process a portability move as a result of applying their own policies
for denial or termination of assistance.57 For example, the receiving PHA may have a policy to terminate or
deny HCV assistance if any member of the family has been evicted from federally-assisted housing in the last
5 years. The receiving PHA may refuse to assist a portability family by referring the family back to the initial
PHA, or terminate the family’s HCV participation, on any of the grounds in 24 CFR 982.552 or 24 CFR
982.553.
The receiving PHA may not delay issuing the family a voucher or otherwise delay approval of a unit until the
rescreening processes are completed. However, receiving PHAs may take subsequent action against the
family (as explained in the preceding paragraph) based on the results of the rescreening.
Receiving PHAs do not need prior HUD approval to refuse portability assistance in these cases because they
are authorized under regulation to deny the move in accordance with their screening policies. This is because
the regulatory meaning of both denial of assistance (applicants) and termination of assistance (participants)
specifically includes refusing to process or provide assistance under the portability procedures. If the receiving
PHA refuses the portability move, the initial PHA is not precluded from assisting the family either in the initial
PHA jurisdiction or by allowing the family to port to another receiving PHA’s jurisdiction in accordance with the
portability procedures.
If the receiving PHA takes action against the family as described in the preceding paragraphs, the receiving
PHA is required to provide the ported family with the opportunity to request an informal hearing (if the family is
a participant) or an informal review (if the family is an applicant) in accordance with 24 CFR 982.554 or
982.555. The participant/applicant status of the family is identified by the initial PHA under the Certification
Statement under Part I of form HUD 52665.
PHAs must58 ensure that any admissions or occupancy requirements they impose comply with applicable civil
rights requirements contained in the Fair Housing Act, Title VI of the Civil Rights Act of 1964, Section 504 of
the Rehabilitation Act, and the Americans with Disabilities Act of 1990, and the other equal opportunity

56
   PIH Notice 2016-09(10)(a)
57
   24 CFR § 982.552; 24 CFR 982.553
58
   PIH Notice 2016-09(10)(b)

Moves and Portability                                                                                   15

provisions listed in 24 CFR5.105. In using admissions or occupancy requirements that relate to the use of
criminal background, PHAs must59 also ensure that such requirements are consistent with Notice PIH 2015-
19 (Nov. 2, 2015), Guidance for Public Housing Agencies (PHAs) and Owners of Federally-Assisted Housing on
Excluding the Use of Arrest Records in Housing Decisions, at
http://portal.hud.gov/hudportal/documents/huddoc?id=PIH2015-19.pdf.