Title
Resolution to Amend Chapter 10 of the Administrative Plan Regarding Moving with Continued Assistance
Memorandum
Staff recommend amending Chapter 10 of the Administrative Plan to update Section 10-I-B: Restrictions on Moves. Under HUD regulations, a tenant with a tenant-based vouchers may request to move to another city or state that is not in the AAHC's jurisdiction, and continue to receive assistance with their voucher. HUD calls this move a "port". The AAHC must coordinate with the other Public Housing Authority (PHA) to enable a tenant to port to another PHA. A tenant can also port to the AAHC from another PHA.
HUD also has a regulation that an applicant (i.e. someone off the waitlist) cannot receive assistance until they have paid off debts to HUD and/or debts to a PHA. The reason a tenant may owe a debt to HUD and/or a PHA is due to tenants not reporting income. The tenant's portion of the rent is calculated based on 30% of their gross adjusted income, so if a tenant has income that they do not report to the AAHC, then the tenant's portion of rent will be calculated too low and HUD's rent subsidy will be too high. When the PHA discovers the unreported income, the PHA must calculate how much rental assistance HUD overpaid due to the tenant underpaying and the tenant must sign a repayment agreement to pay back the overpayment of rental assistance to the landlord that should have been paid by the tenant. If the tenant does not make payments on the repayment agreement, then their voucher can be terminated.
If a tenant ports to another PHA while they are under a repayment agreement with the AAHC, the AAHC does not have a way to enforce the repayment agreement with the tenant because the AAHC is no longer the voucher administrator. Currently, tenants are allowed to port if they are under a repayment agreement with the AAHC. Likewise, a tenant could port to the AAHC who owes money to the PHA they are porting from. Staff recommend amending the Admini...
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