MSHDA - Office of Housing Voucher Programs Policy and Procedures Manual

Chapter XVI: Portability

Effective: May 1, 2009

Introduction

The U.S. Department of Housing and Urban Development (HUD) allows Housing Choice Voucher (HCV) holders the right of portability. Thus, an HCV holder can move anywhere in the United States that has a Public Housing Agency (PHA), that administers the HCV program.

Effective January 1, 2010, the Michigan State Housing Development Authority (MSHDA) will absorb all incoming portability applicants or participants moving to MSHDA’s jurisdiction from another PHA until further notice.

All MSHDA personnel and contracted agents must know the following general portability information when working with portability participants:

1. Policies of the Receiving PHA (rPHA) supercede all policies established by the Initial PHA (iPHA).
2. Portability relates to moves inside/outside of MSHDA’s jurisdictional boundary (generally out of state), while Transfers relate to participant moves between MSHDA Housing Agents (HAs) and/or counties. Refer to Chapter XV for Transfer procedures.
3. MSHDA will accept ports from other Michigan PHAs only if the participant is moving outside the jurisdictional boundaries of the other Michigan PHA.
   1. An exception to this rule may occur, when a conflict of interest arises within another Michigan PHA that forces the PHA to transfer the participant away from their PHA’s administration. MSHDA may decide to administer these vouchers depending on the situation.
   2. Otherwise, exceptions (e.g. no conflict of interest exists or iPHA requests absorption) require written approval from MSHDA’s Director of Housing Voucher Programs.
4. The option for portability does not extend to participants who are residing in developments participating in the Moderate Rehabilitation Program (MRP) or MRP Single Room Occupancy Program.
5. Family Self-Sufficiency (FSS) participants may port their FSS Contract of Participation to another PHA in or outside of Michigan under the FSS program portability eligibility conditions.
6. Participants planning to port to MSHDA’s jurisdiction should be directed to the Portability Coordinator (PC). The PC will verify whether the participant meets preliminary qualifications to port to MSHDA’s jurisdiction before assigning the participant’s case to a MSHDA Housing Agent (HA).
7. Voucher issuance and expiration dates have strict parameters:
   1. Incoming portability participants must receive the same issuance and expiration dates provided by the iPHA. Only the PC may extend the voucher issuance period. Voucher issuance extensions will be given for reasonable accommodation only.
   2. Outgoing portability participants will receive a 60-day voucher. No extensions will be granted by MSHDA, however, a rPHA may choose to extend a voucher. If a rPHA extends the voucher issuance period, it must inform the iPHA of the extension and ensure that the extension leaves sufficient time to complete the participant move, execute a HAP Contract, and meet the HUD billing deadline dates.
8. Due to the cost of portability, the iPHA’s may want to know MSHDA’s plans to absorb or administer the vouchers before incoming portability participants can consider porting to Michigan.

Section A: Incoming Portability (Administering)

1. Initial PHA (iPHA) Procedures

For participants moving to MSHDA’s jurisdiction, HUD requires the iPHA to provide MSHDA with the following information:

1. Family Portability Information form (HUD-52665). A completed Page 1 must be signed by an official of the iPHA to certify that the participant is in good standing;
2. Current voucher (HUD-52646) issued to the participant by the iPHA.
3. Current Family Report form (HUD-50058); if a participant, or
4. Income verification(s) corresponding with the current HUD-50058 form if an applicant.
5. Where in Michigan, i.e. which city or county, the participant wishes to move;
6. Contact telephone number for the participant;
7. Copies of proof of birth and Social Security number for all members of the household.
   1. If the iPHA does not supply copies of the proofs of birth or Social Security numbers, the PC will return the portability packet to the iPHA and inform them the portability will not be accepted.

2. Incoming Portability Coordinator (PC) Procedures for Applicants

• Applicants who exercise portability are subject to rPHA income limits.
• PC will verify that the applicant head of household or spouse already had a legal residence in the jurisdiction of the iPHA at the time when the family first submitted an application for participation in the program to the iPHA and if not, the portability must be denied
• PC will verify that the applicant meets income eligibility and will then follow Steps 2 through 9 below for incoming portability applicants when portability cases are going to be administered by MSHDA.

3. Incoming Portability Coordinator (PC) Procedures for Participants

Participants from another PHA are not subject to rPHA income limits. The PC will perform the following for Incoming portability participants when portability cases are going to be administered by MSHDA:

• Verify whether or not the portability participant is in good standing. Participants who maintain their program responsibiilties (pay off any debts or remain current with their repayment agreement) with the iPHA can exercise their portability rights. A participant who exercises portability rights and subsequently becomes past due or delinquent in their repayment obligations can be terminated for violation of their program responsibilities. All PHAs have the authority to terminate a participant who owes a debt to another PHA.
• Verify whether or not if the portability participant is on FSS with the iPHA.
  1. Provide the Resource Specialist with the Incoming Portability Information Checklist.
  2. If the participant is on FSS, contact the iPHA to see whether or not they are willing to transfer the Escrow funds to MSHDA.
  3. If the iPHA will not transfer the balance, then the transfer for FSS is not allowed.
  4. If the iPHA is willing to transfer the balance, all FSS paperwork and a check with the total amount of the Escrow should be sent with the Portability packet.
• Verify the portability applicant/participant does not plan to move into the same jurisdiction from which they ported. This is critical when the applicant/participant ports from another Michigan PHA.
  1. If the participant plans to move within the iPHA boundaries and no conflict of interest or Director approval is identified, return the applicant/participant’s voucher to the iPHA.
• Verify all adult members of an incoming portability applicant/participant’s household pass the criminal/sexual offense screenings criteria if Michigan residents. If out of state residents, perform a criminal screening for Michigan and request documentation of successful out of state criminal screening.
  1. If the head of household fails, the PC denies the portability and notifies the applicant/participant and the iPHA. PC sends MSHDA 1634 to tenant with copy to iPHA and HA.
  2. If another adult (not the head of household) fails the screening, the PC
     1. Denies the right of the failed member to move into the household,
     2. Notifies the applicant/participant of the denial, and
     3. Forwards this information to the HA with the paperwork received from the PHA.
     4. PC sends MSHDA 1634 to tenant with copy to HA and iPHA.
• Verify proofs of birth and Social Security numbers for all household members of an incoming portability household are included in the portability packet from the iPHA.
• Notify the iPHA that MSHDA intends to administer the case for the incoming applicant/portability participants:
  1. No later than 60 days following the voucher expiration date (set by the iPHA) and within 10 days of the date the HAP contract is signed, whichever occurs first.
  2. If the applicant/participant does not find suitable housing, the PC must notify the iPHA.
  3. Failure to timely notify the iPHA can result in MSHDA being forced to absorb the incoming portability participant.
• Assign eligible incoming portability applicant/participants to a HA and forward the paperwork received from the iPHA. If the iPHA is in Michigan, inform the HA of its jurisdictional boundaries.
• The PC will tickler the portability packet until the PC receives a response from the assigned HA that the participant needs to be set up in Elite.
• The PC will approve cases in Elite for all administered portability applicants/participants. The PC will receive any correspondence regarding portability participants from the HA and iPHA.
  1. A chargeable error will be counted against the HA if any HCV transactions (e.g. Annual Reexaminations, etc) are not sent directly to the PC.
• Check PIC to verify the iPHA processed a Portability Move-Out.
  1. If a Portability Move-Out was not transmitted to PIC by the iPHA, the PC must contact the iPHA and have them transmit it.
  2. If an End of Participation was transmitted to PIC by the iPHA for an administered participant, the PC must contact them and request that the End of Participation be voided and a Portability Move-Out be transmitted in its place.

4. Administered Portability HA Procedures

The HA must not process incoming portability participants received directly from another PHA. All incoming portability participants must be processed through MSHDA’s Lansing office to identify their eligibility prior to receiving portability rights into MSHDA’s jurisdiction. The HA performs the following for incoming portability participants (MSHDA’s policy as the rPHA supersedes the iPHA’s policy):

1. Determine the voucher issuance size based on criteria contained in the PPM, Chapter III, Selection and Issuance.
2. Issue a MSHDA voucher to the head of household, which reflects the same issuance and expiration date as the iPHA voucher.
   1. MSHDA cannot change the expiration date of the voucher without prior consent of the iPHA. If an extension is needed, notify the PC to request the extension from the iPHA. This must be requested prior to Voucher expiration. Voucher issuance extensions will be given for reasonable accommodation only.
   2. A countable error will be charged to the HA if the voucher issuance and expiration dates are changed without the PC’s approval.
3. Issue a Briefing Packet and Voucher to the incoming portability household either by U.S. mail or in person. The head-of-household must sign the cover page of the Briefing Packet and Voucher.
4. Verify the portability participant does not plan to move into the same jurisdiction from which they ported. This is critical when the participant ports from another Michigan PHA.
   1. If the participant plans to move within the iPHA boundaries and no conflict of interest or Director approval is identified, notify the PC and deny the portability until further notice from the PC.
5. When the HA has a HAP Contract effective date, the HA will notify the PC to set the participant up in Elite.
   1. To assist in meeting the HUD imposed deadline, the HA should wait until the landlord has signed and returned the contract prior to signing the contract him/herself.
6. After entering the necessary information for the participant into Elite, all agents, including those who approve their own cases, must submit necessary paperwork for the Portability Move-In to the PC within five working days of executing (signing) the HAP contract for approval and for billing the iPHA.
   1. Any HCV transaction (e.g. annual or interim reexaminations, moves,) that the HA administers on behalf of a portability participant must be sent to the PC.
   2. The Date of Admission in Elite should be the same date as the Date of Admission on the 50058 (page 1: 2h) from the iPHA. Refer to the Elite User Guide for further instructions.
   3. All HA’s, including those who approve their own cases, will maintain a working file. The PC will maintain the permanent file.
7. If the incoming portability applicant/participant does not find suitable housing by the expiration of their voucher, the HA must complete a MSHDA 1634 and send to applicant/participant with a copy to the PC.
8. The denied applicant/participant's file must be retained for three years.

Section B: Incoming Portability (Absorbed)

The same steps for the iPHA will apply when a participant is being absorbed versus being administered (See Section A).

1. Incoming Portability Coordinator (PC) Procedures

The PC will perform the following for incoming portability applicants/participants that are absorbed:

• PC will verify applicants meet income limits. Participants from another PHA are not subject to rPHA income limits.
• Verify whether or not the portability participant is in good standing. Participants who maintain their program responsibiilties (pay off any debts or remain current with their repayment agreement) with the iPHA can exercise their portability rights. A participant who exercises portability rights and subsequently becomes past due or delinquent in their repayment obligations can be terminated for violation of their program responsibilities. All PHAs have the authority to terminate a participant who owes a debt to another PHA.
• Verify whether or not the portability participant is on FSS with the iPHA and provide the FSS Resource Coordinator with the Incoming Portability Information checklist.
• Verify the portability participant does not plan to move into the same jurisdiction from which they ported. This is critical when the participant ports from another Michigan PHA.
  1. If the participant plans to move within the iPHA boundaries and no conflict of interest or Director approval is identified, return the participant’s voucher to the iPHA.
• Verify all adult members of an incoming portability participant’s household pass the criminal/sexual offense screenings criteria.
  1. If head of household fails, the PC denies the portability and notifies the participant and the iPHA.
  2. If another adult (not the head of household) fails the screening, the PC
     1. Denies the right of the failed member to move into the household,
     2. Notifies the participant of the denial, and
     3. Forwards this information to the HA with the paperwork received from the iPHA.
• Verify copies of proof of birth and Social Security numbers for all household members of an incoming portability household are included in the portability packet from the iPHA.
• Assign eligible incoming portability participants to a HA and forward the paperwork received from the iPHA. If iPHA is in Michigan, inform the HA of its jurisdictional boundaries.
• The PC will tickler the portability packet until the PC receives a response from the HA that the participant needs to be set up in Elite.
  1. When the participant is set up in Elite, the PC will notify the HA that it is complete.
  2. PC enters information in Portability Move Out PIC Log.
• PC notifies the iPHA that MSHDA intends to absorb the incoming portability participant:
  1. No later than 60 days following the voucher expiration date (set by the iPHA) and within 10 days of the date the HAP contract is signed, whichever occurs first.
  2. If the applicant/participant does not find suitable housing, the PC must notify the iPHA.
• Check PIC to verify the iPHA processed an End of Participation/Port Move-Out.
  1. If an End of Participation was transmitted to PIC by the iPHA, the PC must correct the action type in Elite to New Admission.

2. Absorbed Portability HA Procedures

The HA must not process incoming portability participants received directly from another PHA. All incoming portability participants must be processed through MSHDA’s Lansing office to identify their eligibility prior to receiving portability rights into MSHDA’s jurisdiction. The HA performs the following for incoming portability participants (MSHDA’s policy as the rPHA supercedes the iPHA’s policy):

• Determine the voucher issuance size based on criteria contained in Chapter III, Selection and Issuance.
• Issue a MSHDA voucher to the head of household, which reflects the same issuance and expiration date as the iPHA voucher.
  1. MSHDA cannot change the expiration date of the voucher without prior consent of the iPHA. If an extension is needed, notify the PC to request the extension from the iPHA. This must be requested prior to Voucher expiration.
  2. A chargeable error will be counted against the HA if the voucher issuance and expiration dates are changed without the PC’s approval.
• Issue a Briefing Packet and Voucher to the incoming portability household either by U.S. mail or in person. The head-of-household must sign the cover page of the Briefing Packet and Voucher.
• Verify the portability participant does not plan to move into the same jurisdiction from which they ported. This is critical when the participant ports from another Michigan PHA.
  1. If the participant plans to move within the iPHA boundaries and no conflict of interest or Director approval is identified, notify the PC and deny the portability until further notice from the PC.
• When the HA has a HAP Contract effective date, the HA will notify the PC to set the participant up in Elite.
  • For all HA’s:
    1. Once the participant is set up in Elite, the HA will enter all income, assets, expenses, HQS inspection dates and participant information in Elite and forward it to the PC by the date given in the portability case cover memo.
    2. Failure to do so will result in a countable error.
    3. PC will send paperwork to iPHA.
• If the incoming portability participant/applicant does not find suitable housing by the expiration of their voucher, the HA must complete a MSHDA 1634 and send to participant/applicant with a copy to the PC.
• The denied applicant/participant's file must be retained for three years.
• Incoming portability participants from another PHA are not subject to MSHDA's income limits. Incoming portability applicants from another PHA are subject to MSHDA's income limits.

Section C: Outgoing Portability

1. Eligibility Determination by the HA

• MSHDA must advise HCV program applicants at their initial briefing and program participants at each annual reexamination of their portability rights.
• Applicant families are eligible to port to another PHA’s jurisdiction upon being pulled from the waiting list if:
  1. The applicant family income qualifies according to MSHDA and the rPHA’s income limits at the time the application is pulled from the waiting list, and the head of household or the spouse had a legal residence in Michigan at the time of application to the waiting list. If the head of household or spouse did not live in Michigan at the time of application to the waiting list, they must receive assistance from MSHDA for at least 12 months on a HAP Contract before exercising portability rights.

Note: A countable error will be charged against the HA if any of the above requirements are not met.

Exception: Applicants who receive an Enhanced Voucher due to a HUD Housing Conversion Action may have outgoing portability rights at the time of the conversion. The Enhanced Voucher applicant must have lived in Michigan for the 12 months preceding the conversion or the applicant does not qualify to port.

• A HCV participant family qualifies to port to another PHA when the HA verifies:
  1. The participant must be active on the HCV Program with MSHDA for at least 12 months prior to exercising portability rights. If the outgoing portability participant has not been on the HCV Program with MSHDA for at least 12 months, the participant is ineligible to port.
  2. The participant has maintained good standing with MSHDA.
     1. Participant has no outstanding debts (even if they are paying timely on a repayment agreement).
     2. If a participant has a delinquent debt, the participant must be denied the right to portability until the account is paid in full.
  3. That all adult members pass criminal/sexual offender screening requirements (see Chapter III, Section E for details).

  Note: A countable error will be charged against the HA if any of the above requirements are not completed correctly.

• If the above criteria are met, the participant may port outside MSHDA’s jurisdiction. If the above criteria are not met, the participant must stay in their current county until they meet the eligibility requirements; and/or be terminated from the program if the criminal screening revealed a crime for which a participant must be terminated.
• Exception: Participants who receive an enhanced voucher due to a HUD Preservation/ Opt-Out or other type of housing conversion action may have outgoing portability rights at the time of the conversion. The Enhanced Voucher participant must have lived in Michigan for the 12 months preceding the conversion or the participant does not qualify to port.

2. Outgoing Portability HA Procedures

• After the applicant/participant indicates a desire to port and meets the above stated requirements, the HA provides the applicant/participant with the Outgoing Portability Briefing Form (MSHDA-613). The HA briefs the applicant/participant regarding portability requirements.
  1. Briefing must be thorough and stress the importance of finding suitable housing prior to the actual move.
  2. HA’s must encourage applicants/participants to plan ahead and thus:
     1. Allow adequate time for the transfer of information from the HA to the PC and from there to the rPHA.
     2. Locate housing or make arrangements for temporary lodging with a friend, family member or shelter in the new jurisdiction before moving to prevent homelessness. Even when the PC is able to submit portability paperwork to an rPHA immediately upon receipt from HA, delays in move-in are inevitable.
  3. If the participant is on FSS, they must encourage the participant to notify their FSS Resource Coordinator of their intent to move immediately. Failure to notify their FSS Resource Coordinator within 30 days of the voucher issuance will result in contract termination and forfeiting of the FSS escrow fund.
• The HA verifies termination date and submits a Portability Request Form and a Voucher. The voucher issuance date must be the day after the termination date and for 60 days only. Example: Issue date is July 1, 2007 and counts as Day 1. Expiration date is August 29, 2007. MSHDA will not approve extensions of Vouchers except for reasonable accommodation.
  1. A countable error will be charged to the HA if the voucher is issued incorrectly.
• HA determines and indicates on the Portability Request Form whether the rPHA will absorb or administer the incoming portability participant. Many jurisdictions have multiple PHA's, so the HA should encourage the applicant/participant to check all PHA's in an area to determine if any absorb incoming portability participants.
• HA's who maintain permanent files must return the permanent file to the PC.

3. HA Procedures at Annual Re-examination (AR)

• If the outgoing portability participant is in the process of an annual reexamination at the time they wish to port out of Michigan and within the 120 day cycle, the HA must perform an AR Searching transaction in Elite and submit AR Searching paperwork to PC. See Elite Manual for instructions on how to perform AR Searching transactions. Note: All HAs, including those who approve their own work, must submit this paperwork to PC and cannot approve their case.
• The HA Moves Resident Out of Unit in Elite to stop payment to the current landlord;
• All Family, Income, Assets and Expense information must be filled out in Elite for the AR Searching. Old verifications will not be accepted.
• All HA's, including those who approve their own cases, must submit an AR Searching (1344-247) including new verifications, to the PC with the portability packet and HAP Contract termination. Accurate HUD 50058 data must be submitted to the rPHA.
• A countable performance error will be charged to the HA if either the AR Searching transaction isn't completed in Elite or port paperwork is not submitted correctly prior to the voucher issuance date.

  Note: No inspection is needed for an Annual Reexamination Searching since the participant will not be staying in that unit.

4. HA Procedures for Income Changes during the Portability Process

If a family reports a change in income to MSHDA before the portability paperwork (MSHDA 4, 50058, etc) was submitted to the rPHA, MSHDA HA should conduct the interim re-examination. If the family remains under a HAP for the month following the month in which they reported the change to MSHDA, the HA should conduct the interim re-examination since MSHDA would have to adjust the HAP for the following month for the family's original unit. If the family reported the change after the portability paperwork has been submitted to the rPHA and the family had terminated the lease in the MSHDA's jurisdiction, the rPHA will be responsible for the interim re-examination.

5. Procedures for Portability Cases Other than at Annual Re-examination

• The HA Moves Resident Out of Unit in Elite to stop payment to the current landlord;
• Submit Portability Packet to the PC.

6. Portability Packet

• The Portability Packet submitted to the PC must contain the following documents:
  1. Current Voucher for the participant;
  2. Current HUD-50058 for the participant. (Not required for an Annual Reexamination Searching);
  3. Income verification(s) corresponding to the current HUD-50058 or Annual Reexamination Searching including a copy of HUD EIV;
  4. Citizenship documentation for all members of the participant’s household;
  5. Proof of birth and Social Security number verification for all members of household;
  6. Completed MSHDA Portability Request, MSHDA 4, which must be signed by the participant. This includes completing MSHDA Use Only box and completing a new ICHAT criminal screening.
  7. Cancellation paperwork (MSHDA-95 and 30-Day Notice [or MSHDA-96] from participant.
• If any of the paperwork listed above is not completed and submitted, a countable error will be charged to the HA for each missing document.

7. Outgoing Portability - Portability Coordinator (PC) Procedures

• The PC performs the following processes upon receipt of the portability packet and original participant file:
  1. Verify that the participant was moved out of their current unit in Elite by the HA.
  2. Verify if the participant is on the FSS program. If yes, provide the FSS Resource Coordinator the Portability Request (MSHDA-4) form.
  3. Mails the HUD-required portability packet to the rPHA within two business days from time of receipt of the portability packet from the HA.
  4. Notifies the HA via E-mail of the date the portability packet is mailed and that PC changed increment and caseworker in Elite from HA to portability.
     1. Upon request, the HA can inform the participant when the information was mailed to the rPHA.
  5. Processes a Portability Move-Out in Elite after notification is received from the rPHA that the participant went under contract and they intend to administer the participant.

Section D: Portability of VASH (Veterans Administration Supportive Housing) Program Vouchers

Under the HUD-VASH Program, applicants/participants may port. The applicant/participant can live in the juriscdiction of another PHA if the referring Veterans Administration Medical Center (VAMC) or a VAMC in another part of the country can provide case management. The referring VAMC for MSHDA is the Veterans Administration's Detroit Medical Center.

rPHAs are required to bill the iPHA.

If the veteran family wishes to move a long distance with a VASH voucher (i.e. Michigan to Florida), the move is permissable if the rPHA can serve the family and the PHA partnering with the VAMC in the new location has an available HUD-VASH Voucher. In this case, the rPHA must absorb the family.

The rPHA must enter "VASH" on line 2n of the Family Report Form (HUD-50058). This code must remain on the HUD-50058 for the duration of the HUD-VASH family's participation in the program. The rPHA must also complete 12e (billing amount) and 12f (Initial PHAs code) on the HUD-50058.

HUD-VASH vouchers must have an initial term of at least 120 days.

For short-distance portability cases, an attachment to the HUD-52665 must be used that will notify the rPHA of its responsibilities under the HUD-VASH Program. This form is available at http://www.hud.gov/offices/pih/programs/hcv/vash/

A PHA may only deny VASH assistance if the family is over-income or if any member of the household is subject to a lifetime registration requirement under a state sex offender registration program. PHAs may not deny assistance for the VASH Program for any other reason.

Section E: Portability Under Violence Against Women Act

The Violence Against Women and Justice Department Reauthorization Act 2005 (VAWA 2005) amended section 8(r) of the U.S. Housing Act to provide an exception to the prohibition against a family moving under the portability provisions in violation of the lease. VAWA provides that a family may receive a voucher and move in violation of the lease under portabiity procedures if the family has complied with all other obligations of the voucher program and has moved out of the assisted unit in order to protect the health or safety of an individual who is or has been the victim of domestic violence, dating violence, or stalking and who reasonably believed he or she was imminently threatened by harm from further violence if he or she remained in the assisted unit.

MSHDA will allow a family to move under portability if the only basis for the denial to port is that the family is violating the lease agreement. The family must provide a completed Certification of Domestic Violence, Dating Violence or Stalking (MSHDA 1635) or other acceptable documentation such as a a copy of police reports, to verify the family’s claim that the request to port is prompted by incidences of abuse in the assisted unit.

Section F: Billing and Reimbursement Requirements for Administered Portability Cases

1. Incoming Portability

The PC must track the following factors concerning portability billings:

• Notification to the iPHA of MSHDA’s intent to administer or absorb the case within ten working days of the HAP contract execution (signing, not the effective date) and within 60 days after the iPHA voucher expires.
  1. If MSHDA fails to notify the iPHA timely of the billing, MSHDA could be forced to absorb the portability participant.
  2. Issuance of billing notification to the iPHA includes:
     1. Family Portability Information form (HUD-52665, pages 2 and 3)
     2. Current HUD-50058.
• Monthly payments from the iPHA to MSHDA on the current cases being billed. These payments must be logged in Receipting in Elite by the 5th of the month and prior to sending them to MSHDA’s Office of Housing Voucher Programs Operations finance division. The payments are then logged on the Checks Receipted log and sent to the Financial Assistant. Copies of the checks are put into the participant file.
• The iPHA must pay MSHDA for the initial billing request within 30 days of receipt and thereafter, monthly payments must be issued by the 5th working day of each month. Payments must include:
  1. HAP (Housing Assistance Payment) reimbursement for the participant;
  2. UAP (Utility Assistance Payment) reimbursement for the participant;
  3. Administrative Fees - 80% of the iPHA administrative fee paid by HUD.
• Update the iPHA when changes occur in the administered participant’s record no later than 10 working days following the effective date of the change. Notification includes the following documents:
  1. Family Portability Information form (HUD-52665, pages 2 and 3)
  2. Current HUD-50058.
• Overpayments to Landlords will be treated the same as any other HCV participant. See Chapter XIX. Operations, for directions.
• Checks received from iPHA’s that result in an overpayment to MSHDA will be returned. If the full amount cannot be returned, a manual adjustment will be processed in Elite for the amount that is owed back to the iPHA.

2. Outgoing Portability

• The PC must:
  1. Track correspondence from the rPHA to determine if the rPHA meets the HUD imposed deadline of initial submission within:
     1. 60 days of the voucher expiration date, and
     2. 10 days of the execution of the HAP Contract (difficult to determine since not a required submission document).
  2. If the outgoing portability applicant/participant’s voucher expires and no notification has been sent by the iPHA, the PC sends out a Notification of Billing Date letter. The letter must be sent at least 30 days prior to the billing date expiration.
  3. If the billing date has expired, the PC sends out a Past Billing Date/Information Request letter. If the iPHA does not respond within 10 business days, the PC will process an EOP and close the file.
  4. If the rPHA notifies the PC that a HAP contract has not been executed on the applicant's/participant’s behalf, the PC processes an EOP and closes the file.
  5. If the rPHA still plans to administer because it cannot absorb due to a legitimate reason, MSHDA must accept the billing. The PC can notify HUD of the delinquency for further action and possibly transfer units from the rPHA to MSHDA for having to honor a late billing.
  6. Enter initial billings received by rPHA’s into Elite for payment within 30 days of receiving the initial billing and update subsequent billings within five working days of receipt.
  7. Track monthly payments to rPHA’s in order to maintain the issuance of timely payments by the fifth working day of each month.
  8. Collect overpayments issued on outgoing portability participants.

Section G: File Procedures

• The documents required in the Permanent Section of the participant file for an absorbed or administered incoming portability case are the:
  1. Verification of Disability (MSHDA-16),
  2. Briefing Packet (MSHDA-145),
  3. Citizenship Verification (MSHDA-214),
  4. Proofs of birth,
  5. Proof of Social Security number,
  6. Portabiity Packet.
• The PC maintains all copies of the active outgoing portability files and all relevant correspondence. When the outgoing portability case is inactive, the files must be sent to the Records Center for retention and disposal according to Record Center policy.
• For incoming administered portability cases, the permanent file will be maintained by the PC.

Section H: Definitions

Absorb(ing) – The receiving PHA issues its own voucher increment to an incoming portability participant.

Administer(ing) – The receiving PHA retains the initial PHA’s voucher subsidy and bills the initial PHA for related expenses. The receiving PHA may choose to absorb an administered voucher at any time.

Applicant – A portability participant who was pulled from an initial PHA’s waiting list.

Good Standing – Describes a current Program participant who:

1. Holds an active voucher;
2. Complies with all HCV rules and regulations;
3. Has no outstanding debts;
4. Does not owe any delinquent debts to MSHDA or any other PHA;
5. Properly terminated the previous lease. (Note: If the participant moved out of an assisted unit in violation of the lease, the PHA must not issue a new voucher to the participant.)

Incoming Portability(ies) – The portability participant moves to MSHDA’s jurisdiction from the jurisdiction of another (initial) PHA.

HA (Initial PHA) – The PHA who originally issued the participants’ HCV; or, a PHA who absorbed an incoming portability participant who subsequently relocates to another PHA’s jurisdiction.

Jurisdiction – The geographic boundaries within which a PHA is authorized to function. A PHA’s jurisdiction is defined in its Administrative Plan. MSHDA’s jurisdiction is the entire State of Michigan.

Outgoing Portability(ies) – The portability participant moves from MSHDA’s jurisdiction to the jurisdiction of another (receiving) PHA.

Portability Coordinator (PC) – The assigned MSHDA staff person who handles correspondence and the administration of vouchers between MSHDA and initial or receiving PHA’s regarding portability matters.

Participant – A portability participant who currently receives HCV assistance from an initial PHA.

Portability Packet – Compilation of HUD-required documents/information provided by an initial PHA to a receiving PHA for a participant porting between two PHA’s.

Public Housing Agency (PHA) Portability(ies) – The exchange of a participant’s subsidy from one PHA to another PHA.

rPHA (Receiving PHA) – The PHA that accepts an applicant/participant from another PHA. The initial PHA has the authority to select the receiving PHA when there is more than one PHA administering a voucher program within the jurisdiction where the family wishes to move.

Section I: Applicable Forms List