HUD HCV Guidebook § 5.1.2

Rescreening (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 § 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.
Source: Legislative text reproduced verbatim
Plain English

HUD Housing Choice Voucher Guidebook § 5.1.2 establishes that when a voucher family moves to a new Public Housing Authority's (PHA's) jurisdiction through portability, the receiving PHA may apply its own screening and termination policies to decide whether to assist that family. The receiving PHA cannot delay issuing a voucher while rescreening is underway, but it may take action afterward based on what the screening reveals. If the receiving PHA refuses or terminates assistance, the family must be offered an informal hearing or review, and the initial PHA retains the ability to assist the family in other ways. All screening policies must comply with federal civil rights laws, including restrictions on the use of arrest records in housing decisions.

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

Plain English — not legal advice.

For Property Managers

As property owners participating in the Housing Choice Voucher program, operators should be aware that under HUD Housing Choice Voucher Guidebook § 5.1.2, receiving PHAs—not landlords—conduct rescreening of porting families, but the outcomes of that process can affect which families ultimately hold valid vouchers in a given jurisdiction. Compliant operators generally stay informed about the PHA's current admissions and occupancy policies, since those policies must align with the Fair Housing Act, Title VI, Section 504, the ADA, and HUD guidance on criminal background screening. Operators who understand these requirements are better positioned to work within the PHA's processes when a voucher family seeks to lease a unit through portability.

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

For Tenants

Under HUD Housing Choice Voucher Guidebook § 5.1.2, a family using portability to move to a new PHA's jurisdiction has the right to receive a voucher or unit approval without delay while rescreening is in progress—the receiving PHA cannot hold up that process pending the results. If the receiving PHA later takes action to deny or terminate assistance based on rescreening, the family is entitled to request an informal hearing (for participants) or an informal review (for applicants) under 24 CFR 982.554 or 982.555. Families who believe a receiving PHA's screening policies violate civil rights protections—such as improper use of arrest records—may consider contacting their initial PHA, a local tenant-rights organization, or the U.S. Department of Housing and Urban Development to explore 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.

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.

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