MSHDA - Office of Housing Voucher Programs Policy and Procedures Manual

Chapter XV: Transfers

Effective: December 7, 2007

Introduction

All Housing Choice Voucher (HCV) holders may move with their subsidy to:

• Another Public Housing Agency (PHA) jurisdiction via portability, or
• Within MSHDA’s jurisdiction if they meet the eligibility criteria identified below.

MSHDA agents responsible for briefing applicants/participants must advise them of their right to transfer their assistance to another county or state during the Initial Briefing and at subsequent re-examinations. MSHDA’s jurisdiction covers the entire state of Michigan. Transfers occur when a client:

• Moves between different counties in Michigan or
• Changes Housing Agent (HA) within Michigan

This process is NOT the same as portability. Portability occurs when a client:

• Moves outside of MSHDA’s jurisdictional boundary or
• Moves to MSHDA’s jurisdiction from another PHA.

MSHDA transfers (henceforth referred to as transfers) require different procedures from those that apply for portability/moves (henceforth referred to as ports). Refer to Chapter XVI for Portability procedures.

Section A: Required Moves

See Chapter II. Waiting List Management.

Section B: Transfer Procedures for Participants when MSHDA is Absorbing Portabilities

1. Transfer Eligibility Determination

• If a participant indicates interest in transferring, the initial HA determines if the family is eligible to transfer to the desired county by verifying that the program participants is in good standing. Three major factors determine if the participant maintains good standing:
  1. The proper termination of the HCV Contract,
  2. The date of the family’s last move (family can move only once per year after execution of their first HCV Contract unless the Resource Specialist makes an exception for the move due to an emergency/situation over which the participant has no control), and the
  3. Participant is current on any/all required repayments of monies owed to MSHDA.
• If the participant does not meet eligibility and good standing criteria , the request for transfer is denied. The initial HA must notify the family of the transfer denial via the Program Termination form (MSHDA 1634b). Identify the reason for transfer denial under the “other” section at the bottom of the form.
• Transfers are not permitted during the initial lease term.
• If the participant meets eligibility and good standing criteria and wishes to transfer after the initial lease term, subject to the lease renewal provisions, the participant may terminate their Lease and HCV Contract for any reason.
• Terminations require:
  1. A 30-day written termination notice from the participant to the owner (with a copy provided to MSHDA), or
  2. An executed MSHDA 96.
• If the Lease is terminated via a 30-day written notice from the participant or Notice to Quit from the landlord, the initial HA must forward a Contract Termination Notice (MSHDA 95) to the owner to confirm termination of the HCV Contract.
  1. The initial HA must ‘move the tenant out of the unit’ in Elite, complete lease tracking, and
  2. Submit an E-mail request to the MSHDA Transfer Coordinator (TC) to transfer the participant to an appropriate HA as soon as the HA is notified by the participant that they wish to transfer.

2. Assign An Increment and HA

• When the TC is transferring the case in Elite, if TC determines the receiving HA has an available increment, TC completes the transfer in Elite and notifies the initial HA and the receiving HA within two business days of the new HA assignment.
• If the TC determines the receiving HA does not have an available increment for the transfer, the TC notifies the initial HA to submit an E-mail to the HA Allocation Coordinator to request the transfer of the increment. The HA Allocation Coordinator will transfer the participant’s original increment to the receiving HA and notifies TC that increment transfer is completed. TC completes transfer in Elite and notifies the initial and the receiving HA of new assignment within two business days of the new HA assignment.
• The initial HA must then transfer the working file to the receiving HA within five business days after notification from the TC that the transfer is complete.

3. Income/Asset/Expense Documents

The receiving HA must complete the third party process to acquire income/asset/expense documents. If the documents are supplied by the initial HA, the receiving HA should review the documents. If the documents will be more than 120 days old on the effective date of the transfer, new documents must be obtained by the receiving HA. If updated documents are necessary, the receiving HA must:

1. Send the client a(n):
   1. Request for Original Documents form (MSHDA 53);
   2. Household, Income, Asset, and Expense Declaration form (MSHDA 1890);
   3. Authorization to Release Information form (HUD 9886);
2. Follow income, asset and expense verification procedures as outlined in Chapter IV. Income Verification Requirements.

4. Issue Mover’s Information (MSHDA 139)

For those participants who transfer to a new county, the initial HA issues a new Voucher to the participant, instructs the participant to mail the Voucher back to the receiving HA, and retains a copy of the Voucher in the original MSHDA file. The receiving HA must issue a Mover’s Information form (MSHDA 139) including a Rental Unit Information form (MSHDA 51b) to the transferring tenant.

• The initial Voucher term is a minimum of 60 days and begins the day after the Lease termination/Move-out date (unless the participant requests an earlier date and the HA notes this date on the MSHDA 1344-247). The issuance date on the Voucher form (HUD 52646) must agree with the issuance date reflected on the MSHDA 1344-247.
• If appropriate, approve extensions in 30-day increments, not to exceed a total of 120 days from the original issuance date. Enter the new expiration date on the Voucher, and forward a revised copy to the participant. Retain a copy of the signed Voucher in the original MSHDA file.

Section C: Transfer File Procedures

1. Initial HA Procedures

The initial HA transfers the working file directly to the designated receiving HA within five working days after notification by the TC that the increment has been transfered. The working file must contain all of the required working file documents.

1. If only an original file exists (i.e. MSHDA file), the initial HA provides a working file containing the required documents to the receiving HA (as identified on the MSHDA 140 discussed in Section D).
2. The initial HA must complete a MSHDA 1634a, checking the appropriate box to note the file has been transferred, and forward the MSHDA 1634a to the participant. The form must identify the name, mailing address, and telephone number of the receiving HA.
3. If the transfer is between counties both handled by a MSHDA Office (i.e. transfer from Ingham county to Wayne county, both counties handled by MSHDA), the TC must retrieve the file from the old county and ensure a new label is made for the file reflecting the new county number.
4. Initial HA who authorizes their cases must determine if the receiving HA should receive the permanent file.
   1. If the receiving HA authorizes their cases, the initial HA can transfer the permanent file directly to the receiving HA.
   2. If the receiving HA does not authorize their cases, the initial HA returns the complete permanent file to the appropriate MSHDA site and sends the working file to the receiving HA.
5. Initial HA who does not authorize their cases must determine if the receiving HA should receive the permanent file.
   1. If the receiving HA authorizes their cases, the initial HA must notify the TC to transfer the permanent file to the receiving HA.
   2. If the receiving HA does not authorize their cases, the initial HA will transfer their working file to the receiving HA.

2. Receiving HA Procedures

Upon receipt of the file, the receiving HA conducts a "mini" or refresher" briefing session with the participant (in person, in writing, or by telephone) to explain the different payment standards, utility schedule, landlord referral list; issue a new Voucher Information form (MSHDA 146); and to notify participant of their responsibility to notify FSS Resource Coordinator of the transfer, if applicable.

1. Reviews income/asset/expense documents supplied by the initial HA and completes third party verification documents if necessary;
2. Extends the participant's Voucher if appropriate; cannot exceed 120 days from the original issuance date;
3. Performs a HQS inspection;
4. Negotiates a Contract;
5. Confirms that the 40% affordabiity limit has not been exceeded;
6. Verifies the participant does not lease from a prohibited relative (unless as an approved reasonable accommodation);
7. Completes the re-examination/move and processes all work on the case; and
8. Enters the case data in Elite.

Section D: Transfer Procedures for Participants when MSHDA is Administering Portabilities

When MSHDA is administering portability requests (billing a PHA for the subsidy payment), the initial HA must verify that a Transfer request to another Michigan county meets the following additional criteria:

1. Verify the payment standard in the new county for the participant family's voucher size is equal to or less than the current payment standard for the county the family currently resides in; OR
2. The participant family is transferring due to employment no matter what the payment standard ( the HA must have received the completed Verification of Earnings (MSHDA 49) Form verifying the employment); OR,
3. The participant family may transfer to another county no matter what the payment standard if they have an approved reasonable accommodation due to a disability to justify the move to the new county (e.g., access to medical services, elderly participant is moving closer to family members or participant is moving closer to a family member requiring care.)

Note: If a participant family's new employment is with a temporary agency; the new assignment must be of a duration where the family is able to enter into a one-year lease.

When eligibility has been determined, follow procedures outlined in Section B, Transfer Procedures for Participants when MSHDA is Absorbing Portabilities and Section C, File Procedures for Transfer Cases.

Section E: Applicable Form List