Housing Voucher Programs - Policy and Procedures Manual

Chapter X Sections

1. Required Moves
2. Moves With Continued Assistance
   1. Initial Lease Term
   2. Moves After Initial Lease Term
   3. Moved to Homeownership
   4. Move at Annual Re-examination
   5. Excessive Break-ins
3. HA Responsibilities in a Move
4. Denial of Move Request
5. Tenant Locates Unit
6. Moves Resulting in an End of Participation
7. Unauthorized Moves
8. Reinstate
9. Subsidy Overlaps
10. Elite Procedures
11. Execute Documents
12. Chart of Required Paperwork for Moves
13. Submit File Material
14. Tickler Systems
15. Definitions
16. Applicable Forms List

Chapter X: Moves

Section B: Moves With Continued Assistance

Families may move to a new unit and keep their assistance if:

The Contract Lease for the old unit has terminated because:

• The HA/S terminated the HAP Contract due to owner’s breach; or
• The Lease was terminated by mutual agreement of owner and tenant; or
• The Tenant has given proper written notice of lease termination.

The Owner has:

• Given the tenant proper written 30-day notice to vacate; or
• Commenced an action to evict the tenant; or
• Obtained a court judgment or other process allowing owner to evict tenant; or
• Prepaid or opted out of a mortgage with HUD and the tenant has elected to move.

Note: The tenant may not be eligible for assistance at another unit if evicted for cause.

1. Initial Lease Term

When the family becomes a ‘program participant,’ they cannot move within the ‘initial’ lease term unless the tenant and landlord execute a Mutual Lease Termination Agreement (MSHDA 96). If the tenant moves during the initial lease term without a MSHDA 96 being executed, their participation in the program may be terminated. After the initial lease term, a family can only move once every twelve months. A RS may approve a move during the initial lease term in extenuating circumstances.

After the initial lease term (generally one year), the tenant must provide proper written notice to MSHDA and their landlord to move with continued assistance.

2. Moves After Initial Lease Term

The tenant must provide a written 30-day notice to the owner and MSHDA to terminate the Lease Agreement (after initial lease term). For example, if the tenant intends to move on December 31, the landlord must receive written notice on or before November 30. A copy of the notice must be furnished to MSHDA. The MSHDA 96 is preferred over a letter as a method of canceling the HAP contract. MSHDA must receive a copy of this form signed by all parties. If the tenant and landlord do not execute a MSHDA 96, MSHDA requires proper written 30-day notice, subject to the terms of the landlord lease renewal provisions.

3. Moved to Homeownership

Upon notification of termination of assistance, process the MSHDA 1344-247, MSHDA 1634b and MSHDA 95, if applicable. If Homeownership and another applicable code applies, always select the Homeownership code as the reason for termination.

4. Move at Annual Re-examination

When the tenant moves, and the family’s latest AR took effect within 120 days prior to the effective date of assistance in the new unit, do not complete new income verifications unless the family’s income has changed; then:

1. Obtain verification (of the changed items only) directly from the verification source.
2. Use any new verified information (income, assets, expenses) together with the information from the last AR to re-determine the family’s share of the rent and the MSHDA payment.

If the move becomes effective more than 120 days from the last AR, new verifications are required.

In Elite, when the tenant vacates the unit, Move the Resident Out of the Unit and process an Annual Re-examination Searching. See Chapter IX. Annual Re-examination policy for instructions.

5. Excessive Break-ins

In those unusual instances where there have been numerous or successive breaking and enterings of a unit which are not the fault of the tenant, a tenant has the right to terminate the lease and move because he/she has been constructively evicted, and the landlord has failed to assure that the housing unit is safe and secure. Discuss these cases with the RS prior to relocating the tenant.