Effective: May 2010
HUD regulations allow a PHA to establish its policy on how long the family may be absent from the unit 24 CFR 982.312 and 24 CFR 982.551(i). However, per 24 CFR 982.312(a) the family may not be absent from the unit for a period of more than 180 consecutive calendar days in any circumstance or for any reason.
Families are required to notify MSHDA before they move out of a unit and give MSHDA information about any family absence from the unit. In cases where the family has moved out of the unit, MSHDA will terminate their rental assistance in accordance with the appropriate termination procedures outlined in Chapter XIV - Terminations of the Housing Voucher Programs Policy and Procdure Manual.
The head of household is responsible for reporting changes in family composition 24 CFR 982.516(c). In accordance with this policy, MSHDA evaluates absences from the unit and makes a determination whether participants stay on, or are terminated from, the program.
At its discretion, a PHA may allow absences for a shorter period. Those instances are outlined below.
Absence: No family member resides in the unit.
Temporary Absence: A family member is away from the unit for less than 90 calendar days. The income of the absent member is included.
Permanent Absence: Death of a head of household or family member, or a family member away from the unit for 90 calendar days or more except as otherwise identified in this policy. The income of a permanently absent member is excluded from family income.
Participants must report to MSHDA, in writing, when a family member leaves the household within 14 calendar days of the change and certify whether the member is temporarily absent or permanently absent 24 CFR 982.551(h)(3). The family must supply any information or certification requested by MSHDA related to the absence from the unit. 24 CFR 982.312(d)(1)
The assigned Housing Agent (HA) conducts an interim re-examination in accordance with policy.
MSHDA will allow a family to be absent from the unit for brief periods of time (up to three weeks) without notifying either the owner or MSHDA.
The family must provide written notice to the owner and MSHDA that the unit will be temporarily vacant. The notice must include the beginning and ending dates of the vacancy. The temporary vacancy notice must be placed in the tenant file to confirm family compliance with policy.
MSHDA approval is NOT required for the family to temporarily vacate the unit for up to three months.
The family must provide written notice to the owner and MSHDA that the unit will be temporarily vacant. The notice must include the beginning and ending dates of the vacancy.
Written approval is required for temporary absences in excess of three months. Each circumstance will be individually evaluated and authorized by the HA. Written documentation should be placed in the file. Examples of circumstances where approval may be appropriate include, but are not limited to, the following:
The family cannot be absent from the unit for more than 180 consecutive calendar days (six months) for any reason. The unit is considered vacated and the rental assistance must be terminated. 24 CFR 982.312
To avoid paying HAP or providing assistance to a unit on behalf of a deceased sole member household or other household member, MSHDA assigned staff will review the HUD EIV Deceased Tenant Report on a monthly basis. If a head of household or family member is listed and an EOP not already entered in Elite, the HA must verify the death. The MSHDA staff member will place a payment hold effective immediately on the HAP/UAP payment for the unit until case completion, i.e. EOP, or interim re-exam completed in a remaining tenant situation or will take other appropriate action as required.
HAP payments must stop at the end of the month that the death occurs for a single member household and single member household with a live-in aide. Landlord must be notified in writing by the HA of the deceased tenant and discontinuance of the HAP or change in HAP payment if there is a remaining tenant situation. See policies Chapter IX - Interim Re-exam and Chapter XII - Remaining Tenants. See also HAP Contract, HUD 52641.
If a family member leaves the household to enter a facility such as hospital, nursing home, or rehabilitation center, the assigned HA will contact a family member, or reliable qualified source, (i.e. licensed health care provider) to determine the likelihood and timing of the member’s return. If the verification indicates that the family member will return in less than 180 consecutive days, the family member will not be considered permanently absent. If the verification indicates that the family member will be permanently confined to a nursing home, that member will be considered permanently absent. If the permanently absent person is the sole household member, the rental assistance must be terminated.
Minors and full-time college students, who attend school away from home and live with their participant family as a dependent during school recesses, are considered temporarily absent from the household. 24 CFR 982.312(e)
Incarceration for more than 90 consecutive days defines a sole member, or any household member, as permanently absent from the unit.
Regulations provide support for families and dependents of military personnel (including reservists and guardsmen) called to active duty during designated military operations.
Support can include, but is not limited to, the following:
If the family includes a child or children temporarily absent from the home due to placement in foster care, the HA will consult with the appropriate agency to determine when or if the child(ren) will return to the home.
If the time period that the child(ren) shall be absent from the unit is greater than three months from the date of removal of the child(ren), written MSHDA approval is required for the temporary absence, and the voucher size may be reduced. If all children are removed from the home permanently, the voucher size will be reduced in accordance with MSHDA subsidy standards. (See the MSHDA 147 - Family Size Subsidy Decrease.)
Participants must notify MSHDA in writing at least 14 calendar days before leaving their unit if they are going to be absent from the unit for more than three consecutive weeks.
MSHDA approval of the absence is not required for the family to vacate the unit for up to three months, but is required for absences of more than three months and less than six months. Approval depends on the evaluation of individual circumstances.
If the entire family is absent from the assisted unit for more than 180 consecutive days, the unit is considered vacant and the rental assistance must be terminated. 24 CFR 982.312(a)
In order to determine if the family is absent from the unit, MSHDA or the landlord may (24 CFR 982.312(d)(2)):
A person with a disability may request a time extension as a resonable accommodation, provided the extension does not go beyond the HUD-allowed 180 consecutive calendar day limit.
If neither parent remains in the household and an appropriate agency determines that another adult should be brought into the assisted unit to care for the children for an indefinite period, that adult is considered a visitor for the first 90 days.
After 90 days, if court-awarded custody or legal guardianship has been awarded to the caretaker, the voucher is transferred to the caretaker if the guardian/caretaker is eligible for asistance.
If the appropriate agency cannot confirm the guardianship status of the caretaker, MSHDA reviews the status at 90-day intervals.
If the court has not awarded custody or legal guardianship, but the action is in process, the Housing Agent (HA) needs to secure the status verification from the Department of Human Services (DHS) staff or the attorney of record. The caretaker can remain in the unit, as a visitor, until a determination of custody occurs.
When a person is approved to reside in the unit as caretaker for the children, their income is included pending a final disposition. MSHDA will work with the appropriate service agencies and the landlord to provide a smooth transition in these cases.
If a member of the household is subject to a court order that restricts them from the home for more than three months, the person is considered permanently absent.
If the family reports an adult member who was formerly a member of the household as permanently absent, the following are considered verifications of absence:
MSHDA Form # |
Name of Form |
| MSHDA 147 | Family Size Subsidy Decrease |
| HUD 52641 | HAP Contract |