MSHDA - Office of Housing Voucher Programs Policy and Procedures Manual

Chapter XII: Remaining Participants and Separating Families

Effective: April 2010

Introduction

MSHDA policy allows a remaining family member to retain the MSHDA voucher when the head of household dies or leaves the unit permanently. A remaining tenant situation is usually related to death or medical reasons, but could be the result of a family break-up. The remaining tenant becomes the head of household and MSHDA rental assistance continues.

In most instances, if the participating family member separates during the lease term, the remaining participant (i.e. person who remains in the unit) retains the voucher. In some circumstances, the separating family member has a legitimate reason to relocate (i.e. spousal or child abuse) and the issuance of two vouchers is desirable. If the assigned Housing agent (HA) determines that issuance of two vouchers is warranted, the case should be reviewed with the Resource Specialist and approved prior to issuance of the second voucher.

Section A: Definition of a Remaining Participant

The person(s) who remain in the unit if the head of household leaves the unit permanently and meets the eligibility criteria of the Housing Choice Voucher (HCV) program.

Section B: Remaining Participants

• A remaining family member can/may be allowed to retain the MSHDA voucher when the head of household dies or leaves the unit permanently (i.e. enters a nursing home). See 24 CFR 982.315.
• The remaining participant must have been included as a household member on the Contract/Lease/Adjustment Notification.
• The remaining participant becomes the head of household and an interim re-examination must be processed.
• If an eligibility size decrease occurs, the family must be notified via a Family Size Subsidy Decrease (MSHDA 147) form. The decrease and issuance of the new voucher size becomes effective at the next annual re-examination or move, whichever occurs first. However, if the eligibility size of the voucher decreases due to death, an interim re-exam must be processed immediately and is effective the first of the month following the date of death.
• In order for a minor child to continue to receive assistance as a remaining family member, the court has to have awarded emancipated minor status to the minor; or MSHDA must verify that the Department of Human Services (DHS) and/or Juvenile Court has arranged for another adult to be brought into the assisted unit to care for the child(ren) for an indefinite period.
• Live in aides do not have remaining participant rights. Live-in aides cannot be designated as a head of household upon the death of a single head of household.

Section C: Separating Families

When a family separates because a family member dies, leaves the unit permanently for medical reasons (nursing home), or breaks up; the Housing Agent (HA) decides which family members retain the assistance. This procedure is not intended to enable adult children to bypass the MSHDA waiting list process and receive a separate subsidy (24 CFR 982.315). When making the decision; consider:

1. Whether assistance remains with the family members who will continue to reside in the assisted unit;
2. Whether the needs of minor children, the ill, elderly, and disabled family members are being met;
3. Whether family members must leave the unit as a result of actual or threatened physical violence by a member of the household; and
4. Whether other critical factors exist.
5. If a court makes a decision on which family members should continue to receive the assistance, MSHDA must abide by this ruling. If a court determines disposition of property between members of an assisted family in a divorce or separation under a settlement or judicial decree, MSHDA must abide by the court’s decision.
6. In most instances, when a family separates during the lease term, the adult remaining in the rental unit retains the voucher. This can be either the head of household or other adult member of the household.
7. If the separation cannot be avoided and the separating family member has a legitimate reason for relocation (i.e. spouse/child abuse), the issuance of a second additional Voucher may be warranted.
8. If the separating family member is forced to relocate as a result of spousal/child abuse, a voucher may be issued to the moving family member without Resource Specialist approval. The abuse must be verified by a police report or a domestic violence agency.
9. In all other instances before a second voucher can be issued, the reason for separation must be discussed with the Resource Specialist and prior written approval from the Resource Specialist is required.
10. The separating family member must have been included as a household member on the Contract/Lease or added by MSHDA 34 (Adjustment Notification). A copy of the original application (MSHDA 322) and preference documentation must be placed in the separating participant’s file. A brief memorandum and supporting documentation explaining the circumstances is also required.
11. The moving family member has 120 days to find a unit. If a new unit is not located within the 120 days, the voucher is withdrawn.

Section D: Elite

All changes to the active head of household must be submitted to HOHInbox@michigan.gov for completion.

For the moving family, in Elite, the date of application and the original contract date is the effective date that assistance commences for the mover (i.e. new HAP Contract begin date).

Section E: Applicable Forms List