Chapter XII: Remaining Participants and Separating Families


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.