Tenn. Comp. R. & Regs. 0770-01-05-.25

Current through January 8, 2025

Section 0770-01-05-.25 - OTHER CHANGE OF UNIT/PORTABILITY (24 C.F.R. 982.354)

(1) The Housing Choice Voucher Program was created with the intention of allowing participant families to move as necessary within reason. HUD has given local housing authorities the authority to develop policies and procedures regarding these moves in accordance with local needs and budget considerations. There are two types of moves. Relocation or Other Change of Unit is when a participant family requests to relocate within the jurisdiction of the housing authority that initially issued the family their voucher. Portability is when a participant family wants to move to an area that is located outside of the jurisdiction of the housing authority that initially issued the family their voucher.

(a) THDA-Initiated Relocation.

1. There are no restrictions on the number of moves per year for THDA-initiated relocations, as long as the family remains program compliant. The THDA may require a family to relocate when:

(i) The relocation is necessary to prevent excessive administrative costs.

(ii) The THDA terminates a Housing Assistance Payments (HAP) contract, but the family remains eligible and wishes to remain under the HCV Program.

(I) A HAP Contract may be terminated by the THDA for one or more of the following reasons:

I. The unit does not meet Housing Quality Standards (HQS).

II. The owner is noncompliant with other terms of the HAP Contract.

III. The owner has committed fraud.

IV. The unit is under occupied, which occurs when a household member moves out of the unit during the lease term.

A. When a unit becomes under occupied, the THDA will use the new family unit size to determine the payment standard at the next regular annual recertification.

B. At the next regular annual recertification, the family may either remain in the unit, but pay any additional rent, or they may choose to relocate to a smaller unit at recertification.

V. The unit becomes overcrowded due to the addition of certain household members moving in to a unit during the lease term.

A. Birth, Adoption, Court-Awarded Custody, Emergency Placement of a Minor, or New Spouse.

(A) Notification. For additions due to birth, adoption, or court-awarded custody of a child the household must notify the owner and the THDA within thirty-(30) calendar days of the event.

(B) Emergency Placement of a Minor. To add a minor during a lease term, which would cause the unit not to meet HQS or subsidy standards (e.g. overcrowding), the household must prove by a preponderance of the evidence that the placement is necessitated by an emergency.

(C) New Spouse. The new spouse must meet eligibility criteria before being added.

(D) Overcrowding. When such additions cause the unit not to meet HQS or subsidy standards, the current lease and HAP contract will terminate on the last day of the next month following the notification, or approval in cases of emergency placement of minors. The THDA will conduct an interim recertification and issue the household a voucher to relocate.

B. If other additions to the household of other adults or minors would cause the unit to become overcrowded, the household must wait to add any additional household members until the end of the lease term. If eligible to relocate, the participant must secure a mutual lease termination and relocate to an appropriately sized unit, unless the placement is of a minor and is an emergency (i.e. child endangerment or homelessness) or is a new spouse.

C. The family may also choose to remain in the current unit and remove themselves from the HCV program. The THDA will no longer be responsible for any rental assistance.

(II) HAP Contract Termination Notice. When the THDA initiates a termination of the HAP Contract, the THDA sends a HAP Contract Termination Notice to the owner and the family giving at least a thirty (30) days' notice of the termination, unless the family has moved without notice, a death in the family has occurred, or a breach of the HQS for tenant-caused emergency repairs is outstanding. The HAP Contract Termination Notice includes the:

I. Effective date of the termination;

II. Date of the last Housing Assistance Payment; and

III. Reason for the termination.

(III) Relocation Notice. When the THDA initiates a HAP Contract termination, if the family is eligible for relocation, a Relocation Notice will be mailed at the same time. The Relocation Notice includes the:

I. Reason for the HAP Contract termination;

II. Termination date of the HAP Contract;

III. Last date a subsidy payment will be made for the unit; and

IV. Information on relocating with continued assistance.

2. The Owner Terminates the Lease.

(i) Termination of the Lease.

(I) Families are not limited in the number of moves allowed due to owner-initiated actions, as long as the family remains eligible for and in compliance with HCV Program.

(II) If an owner wishes to terminate a lease, the owner must observe the terms and conditions of the lease and the HAP Contract in terminating the tenancy.

(III) The HAP Contract outlines that an owner may only terminate the lease for:

I. Serious or repeated violations of the terms and conditions of the lease;

II. Violations of Federal, State, or local law which directly relate to the occupancy or use of the unit or common areas; or

III. Other good cause, which may include:

A. A family history of disturbance to neighbors, destruction of property, or habits that result in damage to the unit; or

B. Criminal activity by family members or guests of family members, including crimes of physical violence on or near the premises.

C. The family not accepting an offer of a new lease;

D. The owner's desire to use the property for personal use; or

E. Business or economic reasons such as the sale of the property, renovation, or a request for a rent higher than the THDA can approve. The owner must notify HUD of the intent.

(IV) Initial Term of the Lease.

I. During the initial term of the lease, the owner may not terminate "other good causes", including:

A. The family not accepting an offer of a new lease;

B. The owner's desire to use the property for personal use; or

C. Business or economic reasons such as the sale of the property, renovation, or a request for a rent higher than the THDA can approve.

II. If the owner terminates the lease during the initial lease term for any of the above prohibited causes, the THDA may bar the owner from future program participation.

(ii) Family Continues to Be Eligible. If the family continues to be eligible for the HCV Program, the family may relocate to another unit with continued assistance, but the HAP Contract at the new unit may not be effective until the day that the current lease ends.

(iii) Eviction. In order to evict, the owner must evict by a court order. If the owner obtains a court judgment to evict the tenant for a serious lease violation, the family will be terminated from the HCV Program. If the owner receives a judgment for possession only, but the judgment is not for a serious lease violation, then the THDA will relocate the participant.

(iv) Non-Renewal or Terminations for Good Cause after Initial Term Notices.

(I) The owner must give the family and the THDA prior written notice that the lease will not be renewed at least 30 days before the expiration of the lease and at least 30 days before the owner plans on terminating, or otherwise permitted under state law, or the owner will be in violation of the HAP Contract and will be barred from participation in the HCV Program. However, the THDA recommends that the owner offer a sixty-day (60) notice to allow the family, if eligible, adequate time to relocate with continued assistance and to avoid holdover tenancies.

(II) The effective date of the termination of the tenancy must be on the last day of a month.

(v) Termination of HAP Contract.

(I) When the THDA receives a non-renewal notice or good cause lease termination notice from an owner, the THDA will mail the owner a HAP Contract Termination Notice.

(II) The effective date of the HAP Contract termination will match the lease termination effective date. If the owner has not provided the THDA with a full 30-day lease termination notice, the THDA cannot provide the owner with the traditional 30-day notice of HAP Contract Termination.

(III) HAP Contract Termination Notice. The HAP Contract Termination Notice includes the:

I. Effective date of the termination;

II. Date of the last Housing Assistance Payment; and

III. Reason for the termination.

(vi) Relocation Notice. When the owner initiates a lease termination, if the family is eligible for relocation, a Relocation Notice will be mailed to the family. The Relocation Notice includes the:

(I) Reason for the HAP Contract termination;

(II) Termination date of the Lease and the HAP Contract;

(III) Last date a subsidy payment will be made for the unit; and

(IV) Information on relocating with continued assistance.

3. Family-Initiated Relocation.

(i) Eligibility.

(I) In general, a family is eligible to relocate after the initial lease term:

I. At the annual recertification; or

II. Upon a mutual lease rescission;

III. As long as the family has not moved in the past twelve (12) months.

IV. The participant may only request to relocate twice within a 90-day period. The 90-day period begins at the initial relocation voucher date.

(II) Initial Lease Term. Initial Lease Term is defined as the first term of the lease, typically the first twelve months in the same unit. If a family is in the initial lease term, they are not eligible to move with continued assistance.

I. The family must honor their current lease agreement.

II. The THDA does not pay overlapping HAP.

III. The new lease and HAP Contract may not be effective until the day after the current unit lease ends.

(III) Good Cause for Relocation Exception.

I. On rare occasions and with good cause, a mutual rescission may be requested during an initial lease term. Eligibility and final determination of approval is at the discretion of program director.

II. The THDA will only approve a request to relocate or port a voucher during the Initial Lease Term or a family-initiated move when the family has already relocated in the past 12 months, if the family has "good cause."

III. If the family has been required to move in the past 12 months by the THDA or owner without meeting the standards for good cause.

IV. Good Cause Definition.

A. The family is overcrowded in a unit (more than 2 persons per bedroom);

B. The family is over housed (usually less than 1 persons per bedroom);

C. The family has an unreasonable rent burden (paying 60% of more of their monthly adjusted income for rent and utilities);

D. The family needs to relocate due to a disabling condition of a household member with verification from a knowledgeable medical professional;

E. The family has verified employment located an unreasonable driving distance, more than 75 miles, from the current unit (with verification of the hire and start date from employer);

F. Persons requesting protection under the Violence Against Women Act (VAWA) may qualify if verified.

(ii) Request to Relocate. The head of household must request the form from the THDA and submit it to the THDA.

(iii) Notice of Intent to Vacate.

(I) The family must give the owner at least a thirty-(30) day written Notice of Intent to Vacate. However, the notice must comply with whatever the lease terms specify.

(II) The effective date must be on the last day of a month and if the family is in an initial lease term, the notice must be effective on the last day of the lease.

(III) The THDA will verify with the owner that the proper notice was given.

(iv) The HAP Contract Termination Notice. The HAP Contract Termination Notice will be processed with every relocation approval (THDA or Family-Initiated). The effective date of the HAP Contract termination will match the lease termination effective date. The Notice includes the.

(I) Effective date of the termination;

(II) Date of the last Housing Assistance Payment; and

(III) Reason for the termination.

I. Effective date of the termination;

II. Date of the last Housing Assistance Payment; and

III. Reason for the termination.

(v) Relocation Notice. The Relocation Notice will be processed with every relocation approval (THDA or Family-Initiated). The Notice includes the:

(I) Reason for the HAP Contract termination;

(II) Termination date of the HAP Contract;

(III) Last date a subsidy payment will be made for the unit; and

(IV) Information on relocating with continued assistance.

(b) Other Items to Consider When Determining Eligibility to Relocate or Port.

1. Existing Repayment Agreement. If the family has a plan of repayment prior to the request to relocate, they must be current in their repayment schedule to be eligible to relocate with continued assistance. If the family is not current, they will be advised how much they must pay to become current. The voucher will not be issued until the debt is paid current. If the family requests to port out of the THDA's jurisdiction, they must pay the debt in full before approval.

2. Income Discrepancy. If an income discrepancy is discovered that results in a debt to the THDA, the family must enter into a repayment agreement before they may be issued a voucher within the THDA's jurisdiction. If the family requests to port out of the THDA's jurisdiction, they must pay the debt in full before approval.

3. Serious Lease Violations. A household is not eligible to relocate when an owner has provided the THDA with proper notice of such violation. If a participant is otherwise eligible to move, but an owner stipulates that the participant is not in good standing, the owner must provide proof to the THDA within thirty-(30) days of a request for documentation that the owner has filed into court or the THDA will allow the participant to move.

(i) Unpaid Rent or Any Other Debt Owed to Owner. The family must be current in the tenant rent to owner and not owe any amounts to an owner (i.e. utility payments). The HAP contract requires participating owners to notify the THDA and the participant in a timely manner when a participant fails to make timely rent payments. When a participant requests to relocate, the THDA will send the owner notice of the participant's intent to relocate and will inquire whether any amount is outstanding before issuing a voucher to relocate. If the owner does not return the inquiry in a timely manner, the THDA will not consider the amounts owed in the approval to relocate the participant. However, if the owner later receives a judgment for unpaid rent or other amounts owed, the participant will be terminated. If the owner returns the inquiry in a timely manner and demonstrates that the family is not currently in good standing, the request to relocate will be denied, unless the owner and tenant enter into a repayment agreement. If the tenant defaults on the repayment agreement, the owner must provide the THDA with a court order for unpaid rent in order for assistance to be terminated.

(ii) Tenant-Caused Damages and Amounts Owed after Relocation. The family will be reminded in the relocation notice that they may not leave their current unit with any tenant-caused damages beyond normal wear and tear or owing any debt to the owner. Since damages are typically not found until after the move-out, a voucher will be issued unless the owner has already provided the tenant and the THDA with a court-ordered eviction notice for tenant-caused damages. If damages are discovered after the tenant has moved, then the owner must provide the THDA with a court order for damages, for which the household may be subsequently terminated.

(c) Voucher Issuance. When a family is determined eligible to relocate two copies of the search voucher are issued and the family must keep one copy, sign the other copy, and return it to the THDA postmarked within fourteen (14) calendar days of the issuance of the voucher. If the family is in the initial lease term, the voucher will not be issued until 60 days prior to the annual recertification date. The family's new lease may not be effective until the day after their current lease ends.

1. Voucher Term. The initial term of the voucher is sixty-(60) days. The family has 60 days to locate a suitable unit and submit a Request for Tenancy Approval.

2. Disability Exception. The only exception to the initial 60-day voucher term is for families that include a member with a disability who may request an extension in 30-day increments to the initial 60-day term, for a maximum term of 120 days.

(d) Request for Tenancy Approval. Once the family locates a suitable unit, the family must submit a Request for Tenancy Approval (RTA) signed by the owner and head of household within the initial 60-day voucher term or the family's assistance will be terminated for voucher expiration.

(e) General Relocation Process.

1. Initiation of Relocation.

(i) THDA-Initiated Relocation.

(ii) Owner-Initiated Relocation.

(iii) Family-Initiated Relocation.

2. The THDA determines the family's eligibility to relocate.

3. Voucher Issuance. When a family is determined eligible to relocate two copies of the search voucher are issued and the family must keep one copy, sign the other copy, and return it to the THDA postmarked within fourteen (14) calendar days of the issuance of the voucher. If the family is in the initial lease term, the voucher will not be issued until 60 days prior to the annual recertification date. The family's new lease may not be effective until the day after their current lease ends.

(i) Voucher Term. The initial term of the voucher is sixty (60) days. The family has 60 days to locate a suitable unit and submit a Request for Tenancy Approval.

(ii) Disability Exception. The only exception to the initial 60-day voucher term is for families that include a member with a disability who may request an extension of an additional 60 days to the initial 60-day term, for a maximum initial term of 120 days.

4. Request for Tenancy Approval. Once the family locates a suitable unit, the family must submit a Request for Tenancy Approval (RTA) signed by the owner and head of household within the initial 60-day voucher term or the family's assistance will be terminated for voucher expiration. If the RTA is submitted before expiration of the initial voucher term and is approved by the THDA, the voucher term is extended by 30 days, for a total term of 90 days (150 for disabled families). The THDA will contact the family with an approval or disapproval of the RTA within five (5) business days.

5. Affordability Estimate. At the time the voucher is issued, the THDA will give the family an estimate of their affordability based on the unit size, payment standard, and family income. This is to ensure that the family searches for a unit where they are not responsible for paying more than 40% of their monthly adjusted income (MAI), if the gross rent exceeds the payment standard. If the rent would exceed 40% of the MAI, the THDA will contact the owner by phone to negotiate reducing the rent.

(i) Approval of Rent Burden. If the unit is rent burden approved, the THDA will initiate the rent comparison.

(ii) Denial of Rent Burden. If the unit is denied due to the rent burden, the THDA will send an RTA Denial Letter with a new RTA and the time remaining on the 90-day voucher term.

6. Scheduling of the Inspection. If the THDA approves the RTA, then the inspector will schedule the inspection with the owner of the unit within fifteen (15) days of the submission of the RTA, giving the owner an exact date and approximate time for the inspection. The THDA will mail the HAP Contract, HAP C-Tenancy Addendum and THDA Lease Addendum to the owner for execution.

7. Family Decides Not to Relocate.

(i) Lease Termination/Notice of Intent to Vacate Not Effective Yet. If the family decides not to relocate, the owner approves of the family remaining in the unit, and the effective date of the Lease Termination or the Notice of Intent to Vacate has not passed and the family has not signed a lease for a new unit, the family and owner must sign, and the THDA must receive, a Mutual Rescission of Lease Termination no later than the day before the lease termination is effective. The family is responsible for the full rent until all necessary paperwork is processed. A retroactive payment will be made when the paperwork is received, but the THDA is not responsible for late fees associated with a late payment due to processing the Mutual Rescission of the Lease Termination.

(I) A family is prohibited to request to relocate within 90 days from the previous rescission of the intent to vacate

(ii) Lease Termination/Notice of Intent to Vacate Is Effective. If the family decides not to relocate, the owner approves of the family remaining in the unit, and the effective date of the Lease Termination or the Notice of Intent to Vacate has passed, but the family has not signed a lease for a new unit, the THDA will work with the family and owner to execute a Mutual Rescission of Lease Termination for the current unit. The family is responsible for the full rent until all necessary paperwork is processed. A retroactive payment will be made when the paperwork is approved, but the THDA is not responsible for late fees associated with a late payment due to processing the rescission of the relocation.

(iii) New Lease and HAP Contract Executed at New Unit. If the family has executed a lease at a new unit or the THDA has executed a HAP Contract for a new unit, the family is not eligible to change their mind and stay in the initial unit, unless the new owner is willing to terminate the lease agreement and HAP Contract without penalty.

8. The THDA Denial of Relocation. If the THDA determines that a family is not eligible to relocate, a Relocation Denial Letter will be mailed at the time the determination is made.

9. Rent Responsibility. Any participant, who moves without following the relocation procedures as outlined is responsible for the entire rent and will be terminated for violating the family obligations in the program.

(2) Portability. When a participant family requests to relocate to an area located in another public housing authority's (PHA) jurisdiction, this process is called "portability" (port-outs). The family takes their voucher with them to the new PHA. The receiving PHA has the ability to choose to administer the voucher or to absorb the voucher. Families who wish to relocate to the THDA's jurisdiction from other areas are also called portables (port-ins). Due to budgetary constraints, HCV participants are sometimes limited in their portability options. A HCV participant family may port to any PHA that administers the HCV program according to the guidelines set forth below. Each PHA has the ability to develop policies on accepting portables. Due to this, circumstances vary from one PHA to another.

(a) General Residency Rules.

1. The residency rule requires that any household who applies for a waiting list that is not the county of their residence at the time of application, must reside in the wait list county for a period of twelve (12) months before they are eligible to port or relocate their voucher to another region or state.

2. A family must remain in the jurisdiction of the initial PHA that issued their voucher for twelve (12) months before they are eligible for portability if neither the head of household nor the spouse had a legal residence in the area at the time they applied for admission to the program ("residency rule").

3. If both the THDA and the receiving PHA agree, however, the family may lease a unit under portability sooner than twelve (12) months.

(b) Moving out of the THDA's Jurisdiction under Portability.

1. Participants must follow the THDA's policies on vacating a unit and provide proper notice as required in the lease to be eligible to port to another PHA.

2. When a THDA HCV participant family wants to relocate to a community outside of the THDA's jurisdiction, the THDA staff will assist the family in this process. The family must provide the THDA with the city where they desire to relocate. The THDA will give the participant family the contact information for all PHAs that service the area. At the household's request, the THDA must select the receiving PHA. If the THDA selects the receiving PHA, then the THDA is not required to provide the contact information for all receiving PHAs in the area.

3. HUD has given individual PHAs the ability to decide whether they will administer or absorb portability vouchers based on funding availability. Every PHA has different policies on portability, which may change frequently based on budgetary concerns. The THDA will determine if the receiving PHA is billing or absorbing incoming portables.

4. Absorbing. If the receiving PHA is absorbing incoming portables, the THDA will fax and mail Part I of HUD Form 52665 to the receiving PHA and will await Part II of the form back from the receiving PHA. The THDA will contact the family and advise them on the approval of the portability. When the other PHA absorbs the voucher, they treat the family like any other HCV participant family under that PHA's program.

5. Administering.

(i) If the receiving PHA is administering and billing for incoming portables, the THDA will base the decision on whether the family may port to the area on funding availability and the following factors:

(I) If the payment standard for the receiving PHA is equal to or less than the family's current THDA payment standard, the THDA will allow the family to port out.

(II) If the payment standard is higher than the family's current payment standard due to the receiving PHA being in a higher cost area, the family will not be allowed to port to that community.

(III) When the THDA determines if the family is eligible to port out to a specific area, the family will be notified in writing.

(IV) All decisions are made with the assumption that the family will have a unit with the same number of bedrooms in the new community. If the receiving PHA issues the family a voucher for a larger unit, which would result in an increase in the cost of the voucher, the THDA will not accept the billing.

(ii) Receiving PHA Administering a THDA Voucher. When a Receiving PHA administers a THDA voucher, the Receiving PHA bills the THDA for HAP, UAP, and the lesser of 80 percent of the THDA's ongoing administrative fee or 100 percent of the Receiving PHA's administrative fee. The Receiving PHA is responsible for completing an annual reexamination along with any interim reexaminations for every port-in client. The Receiving PHA must send an updated Part II of HUD form 52665 and a new HUD form 50058 to the THDA for every annual and interim.

(iii) Ports to Counties Outside of THDA's Jurisdiction within the State of Tennessee. Families that port to THDA must reside in areas that are within THDA's jurisdiction. If a family requests to port to specific counties outside of the THDA's jurisdiction, the THDA reserves the right to refer the family to a housing authority with a presence in that area.

6. Port-Out Process.

(i) The THDA issues the family a voucher and after the receiving PHA has determined the eligibility of the family, the receiving PHA issues a new voucher to the family.

(ii) The receiving PHA may change the size of the unit and/or extend the search terms of the voucher, but the new voucher must not expire before the expiration date on the original THDA voucher. If the voucher has expired before the family arrives at the receiving PHA, the family must contact the THDA for a voucher extension.

(iii) The THDA will notify the receiving PHA of its policies regarding payment of port-out billings.

(iv) The receiving PHA may not delay a family's search for a unit for any administrative issues including performing a criminal background check. Delays are only permissible if the receiving PHA must verify eligibility for an applicant or participant.

(v) In cases where a family has already been transferred from the THDA, as the initial agency, to another receiving agency under portability, and that family wishes to port from the receiving agency to a third agency, the family will not be required to return to the THDA to attend a portability briefing. In this case the portability briefing will be considered the responsibility of the receiving agency.

(c) The THDA as the Receiving PHA.

1. When a HCV Program participant family from another jurisdiction wants to move to a location within the THDA's jurisdiction, their initial housing authority notifies the THDA.

2. The THDA will notify the initial housing authority if the THDA plans to administer the voucher (bill the initial PHA) or absorb the client into the THDA's HCV Program and depending upon the THDA's decision, the initial housing authority will decide if they will approve the portability move or not.

3. The THDA's Decision to Administer or Absorb. The THDA bases its decision on whether to absorb a HCV Program client or bill the initial housing authority on where the client is moving from and the availability of adequate funds. The THDA notifies staff about the current status of billing or absorbing through memorandum.

4. The THDA Administering. When the THDA administers a voucher, the Initial PHA is billed for HAP, UAP, and the lesser of 80 percent of the Initial PHA's ongoing administrative fee or 100 percent of the THDA's administrative fee. The THDA is responsible for completing an annual reexamination along with any interim reexaminations for every port-in client. The THDA must send the updated Part II of HUD form 52665 and a new HUD form 5008 to the Initial PHA for every annual and interim.

5. The THDA Absorbing. When the THDA absorbs a voucher, the voucher holder becomes one of the THDA's clients and there is no further contact with the initial PHA.

6. Process.

(i) The initial PHA issues the family a voucher.

(ii) The THDA determines the eligibility of the family and if eligible, the THDA issues a new voucher to the family with a search term that matches the original PHA voucher. The receiving PHA is required to add a 30-day extension to the initial PHA's voucher expiration date. If an additional extension is requested, the receiving PHA's standard policies on voucher extensions apply. The receiving PHA must notify the initial PHA of any extensions granted to the term of the voucher.

(iii) A portability family's search may not be delayed for background checks or other administrative processes. The search may only be delayed to determine the eligibility of the family.

(iv) If the THDA determines that the family is ineligible or has violated their obligations under the HCV program after a lease has begun, the family's assistance may be terminated at that time.

(v) Within ten (10) business days from the date a HAP Contract is executed, the THDA will fax and mail Part II of HUD form 52665 to the initial PHA.

7. Financial Requirements. The initial and receiving housing authorities must comply with the financial procedures set forth by HUD, including the use of HUD-required billing forms and the deadlines for billing and submitting paperwork.

(3) Veterans Administrative Support Housing (VASH) Port-Ins. The Veterans Assistance Special Housing program is a special program administered by some public housing agencies; however, the THDA does not currently have an allocation of VASH vouchers. Housing agencies that do not have an allocation may still administer a VASH voucher through portability from another PHA with a VASH program.

(a) Eligibility and Selection. HUD-VASH eligible families are homeless veterans. The Veteran Affairs Medical Center (VAMC) screens all families in accordance with its screening criteria. PHAs that agree to administer the HUD-VASH Program relinquish their authority to determine the eligibility of families in accordance with regular HCV Program rules and PHA policies. Specifically, under the HUD-VASH Program, PHAs do not have the authority to screen potentially eligible families or deny assistance for any grounds permitted under 24 C.F.R. 982.552 (broad denial for violations of HCV program requirements) and 982.553 (specific denial for criminals and alcohol abusers), with one exception. PHAs will still be required to prohibit admission if any member of the household is subject to a lifetime registration requirement under a state sex offender registration program.

(b) Income Eligibility. The PHA must determine income eligibility for HUD-VASH families in accordance with 24 C.F.R. 982.201.

(c) Initial Term of the Housing Choice Voucher. Recognizing the challenges that HUD-VASH participants may face with their housing search, HUD-VASH vouchers must have an initial search term of at least 120 days. Therefore, § 982.303(a), which states that the initial search term must be at least 60 days, shall not apply, since the initial term must be at least 120 days.

(d) Ineligible Housing. HUD-VASH families will be permitted to live on the grounds of a VAMC in units owned by the VA. Therefore, 24 C.F.R. 982.352(a)(5), which prohibits units on the grounds of a medical, mental, or similar public or private institution, is waived for that purpose only. All other units found suitable under regular voucher program rules apply for VASH families.

(e) Portability of HUD-VASH Vouchers. An eligible family issued a HUD-VASH voucher must receive case management services provided by the VAMC. Therefore, special mobility and portability procedures must be established. HUD-VASH participant families may reside only in those jurisdictional areas that are accessible to case management services as determined by the partnering VAMC.

1. Portability Moves Where Case Management Is Provided by the Initial PHA's Partnering VAMC. The THDA does not manage a VASH program, thus, the initial PHA's partnering VAMC will still provide the necessary case management services due to its proximity to the partnering VAMC. The portability move-in will be processed in accordance with the portability procedures of 24 C.F.R. 982.355. However, since the initial PHA must maintain records on all HUD-VASH families receiving case management services from its partnering VAMC, the THDA must bill the initial PHA. 24 C.F.R. 982.355(d), which gives the receiving PHA the option to absorb the family into its own HCV program or bill the initial PHA, is not applicable.

2. Completing Form HUD-50058. When the form HUD-50058 is completed, the action type that must be recorded on line 2a is "4" for a portability move-in (a family that was previously leased up in the jurisdiction of the initial PHA). In section 12 of the HUD-50058, line 12d is marked "Y," 12e must have an amount recorded, and 12f must include the initial PHA's code. The VASH special program code must be maintained on line 2n of the form HUD-50058 by the initial and receiving PHA for all HUD-VASH families when the family is admitted to the voucher program and throughout the family's participation in the program. If, under portability, the THDA does not enter the VASH code, the initial PHA will not get credit for the family's leasing.

(f) Case Management Requirements. The VAMC responsibilities include:

1. Screening of homeless veterans to determine whether they meet the HUD-VASH program participation criteria established by the VA national office;

2. Providing appropriate treatment and supportive services to potential HUD-VASH program participants, if needed, prior to PHA issuance of rental vouchers;

3. Providing housing search assistance to HUD-VASH participants with rental vouchers;

4. Identifying the social service and medical needs of HUD-VASH participants and providing, or ensuring the provision of, regular ongoing case management, outpatient health services, hospitalization, and other supportive services as needed throughout this initiative; and

5. Maintaining records and providing information for evaluation purposes, as required by HUD and the VA.

(g) Denials of Admission and Termination of Assistance.

1. Denials. The only reasons for denial of assistance by the PHA are failure to meet the income eligibility requirements and a family member that is subject to a lifetime registration requirement under a state sex offender registration program.

2. Termination of Assistance. The VASH Operating Requirements do not specify that PHAs must treat VASH clients any differently than regular HCV participants in terms of the requirements of the family obligations. Therefore, the termination policies outlined within this Administrative Plan apply.

3. If a VASH client is terminated from a THDA program for a program violation, but the same family is sent to the THDA by an initial PHA with a VASH allocation before the end of the three (3)-year penalty for re-admission, the THDA will not accept the portability move-in.

(i) HUD regulations and the THDA policy determine whether and when family may move to another unit.

(ii) If family moves to another unit, the same lease-up steps are followed. Annual recertification at this time is at the THDA's option.

(4) Only one request to port is allowed every ninety (90)-calendar days.

Tenn. Comp. R. & Regs. 0770-01-05-.25

Original rule filed May 16, 1980; effective June 30, 1980. Repeal filed September 28, 2004; effective December 12, 2004. Repeal and new rule filed June 4, 2015; effective September 2, 2015. Amendments filed October 5, 2018; effective January 3, 2019. Amendments filed June 11, 2024; effective 9/9/2024.

Authority: T.C.A. §§ 13-23-104 and 13-23-115(18), 42 U.S.C. § 1437, and 24 C.F.R., Part 982.