HUD HCV Guidebook § 7.6

HUD may transfer funds for assistance to ported families to the receiving PHA from funds available under the
initial PHA’s ACC.103 Upon request from the receiving PHA, HUD may exercise this authority in cases where the
initial PHA fails to comply with the initial and subsequent monthly billing payment due dates described above.
Notwithstanding the transfer policies described below, failure to comply with HUD’s financial procedures,
including the billing and payment deadlines outlined above, may also result in the reduction of administrative
fees.
The steps below outline the process for requesting the transfer of baseline units and funding from the initial to
the receiving PHA. The PIH field office with jurisdiction over the receiving PHA is the lead HUD office in
resolving any dispute over the timeliness of the billing payments. After examining the documentation
submitted by the PHAs the lead field office determines if the billing payments were late.
Receiving PHAs make a first attempt at resolving any late billing payments with the initial PHA. If such
attempts fail to result in a resolution, receiving PHAs may seek assistance from their local PIH field office. If
assistance from the local PIH field office also fails to result in a resolution, the receiving PHA may seek
transfer of the units and funding in question by following the steps below. PHAs are reminded to document all
communications between agencies and to retain a record of all transactions between PHAs.

Transfer of units and funds for late payments
                 Receiving PHA sends memorandum to the PIH Field Office Director (after attempts at resolution, as
                 described in preceding paragraph, have failed)
                        • A copy of all correspondence between the PHAs on the matter must be attached.

                                           
                 The receiving PHA’s PIH field office notifies the initial PHA of the request.
                        • Occurs within 15 business days after notification to the PIH Field Office Director
                        • The notice includes the amount of time to respond.

99
   24 CFR § 982.355(e)(2); PIH Notice 2016-09(13)
100
    PIH Notice 2016-09(13); PIH Notice 2016-09(15)(a)
101
    PIH Notice 2016-09(15)(a)
102
    PIH Notice 2016-09(15)(a)
103
    24 CFR § 982.355(f)(1)

Moves and Portability                                                                                                27

• A copy of the notice is sent to the PIH Field Office Director with jurisdiction over the initial
                                PHA.

                                           
                    The initial PHA responds to receiving PHA’s PIH Field Office.
                           • Occurs within 15 business days of receiving request from PIH Field Office Director
                           • If the initial PHA is contesting whether the billing payments were late, it must provide
                                supporting documentation in their response.

                                           
                    The receiving PHA’s Field Office must render a decision on the transfer of units and funds.
                           • Occurs within 15 business days of the initial PHA’s deadline to respond to PIH Field Office
                                memo

If the lead PIH field office determines that the payments in question were late, it will send a memorandum to
the Housing Choice Voucher Financial Management Division indicating the number of units to be permanently
transferred from the initial PHA to the receiving PHA. The number will correspond with the number of families
for which billing payments were late. A copy of this memorandum will be sent to the PIH field office with
jurisdiction over the initial PHA and to both PHAs.
After receipt of the lead PIH field office’s memorandum, HUD will reduce the baseline number of units and
budget authority from the initial PHA’s ACC and increase the baseline number of units and budget authority on
the receiving PHA’s ACC. HUD will use the revised baseline numbers to readjust the funding. The billing
arrangement on behalf of the family or families in question ceases with the transfer of the unit or units. The
initial PHA continues to be responsible for any outstanding payments due to the receiving PHA.