Portability of WtW Vouchers - Frequently Asked Questions

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How is portability handled under the WtW Voucher Program?

WtW voucher families are eligible for portability under the housing choice voucher program portability regulations at 24 CFR Part 982.353. WtW PHAs, however, have some ability to limit a family's portability if the following circumstances apply: 1) the move does not support the objectives of the WtW voucher program; and 2) the PHA has established and has properly implemented WtW family obligations that would prohibit such a move.

If a family requests a portability move that would be in violation of the PHA's local WtW voucher program family obligations, the PHA may deny the family's portability request. The WtW voucher program family obligations must be in writing and the PHA must have provided the family with the required written and oral briefings on these obligations as provided in 24 CFR 982.301. The ability of a PHA to deny or limit portability in connection with WtW voucher family obligations applies to all WtW voucher families, including resident applicant voucher holders that have not yet entered into an initial lease but are eligible for portability under 24 CFR Part 982.353.

Can a PHA that does not have WtW voucher family obligations related to portability, or has not properly implemented such obligations, deny a portability move that would be eligible under the housing choice voucher program portability regulations at 24 CFR 982.353?

No. If a PHA has not established WtW voucher family obligations related to portibility, or has not properly implemented such obligations, the PHA must approve a WtW voucher family's portability request if the family is eligible for portability under the housing choice voucher program regulations at 24 CFR 982.353.

A PHA can, of course, prohibit a move that can be denied under regular housing choice voucher program portability regulations. For example, under the portability regulations, a PHA can prevent a non-resident applicant from porting until the family has received assistance in the PHA's jurisdiction for a period of 12 months. In addition, under the regulations at 24 CFR 982.314, a PHA can also prevent a participant family from moving, either in general or under the portability procedures, during the initial lease term (which might be longer or shorter than one year depending on the market).

What happens when a WtW voucher family ports into a jurisdiction that does not have a WtW voucher program? Does the family remain a WtW voucher program family?

The answer depends on whether the receiving PHA enters into a billing arrangement with the initial/WtW PHA or absorbs the family.

In a portability billing arrangement, the family may continue participation in the initial PHA's WtW voucher program after the move, or the initial PHA may consider the family's participation in the WtW voucher program completed. In some cases, the WtW PHA may have WtW voucher family obligations that require the family to continue in the WtW voucher program as a condition of portability. If the initial PHA considers the family's participation in the WtW voucher program to be complete upon porting, the family moves as a regular voucher program participant, and the initial/WtW PHA must issue the "turnover" WtW voucher to another WtW eligible family from its waiting list.

If the receiving PHA absorbs the portable family into its regular housing choice voucher program, the family's participation in the initial PHA's WtW voucher program ends, and the initial PHA must issue the "turnover" voucher to another WtW voucher program eligible family.

Does a WtW PHA have to allow a family to continue in its WtW voucher program when the family moves to the jurisdiction of another PHA?

No. In a portability billing arrangement, the initial PHA may permit the family to continue in its WtW voucher program but is under no obligation to do so. If it does not permit the family to continue in its WtW voucher program, the initial PHA will have to reissue the WtW voucher to another WtW eligible family.

If the receiving PHA absorbs the family into its regular housing choice voucher program, the initial PHA will not have the option of permitting the family to continue in its WtW voucher program and must issue the turnover WtW voucher to a new family from its waiting list.

If a WtW voucher family ports into a jurisdiction that has a WtW voucher program, can the receiving PHA assist the family with one of its own WtW vouchers?

Yes, if the receiving PHA absorbs the family.

Does the initial PHA receive credit for leasing up when a WtW voucher family ports to another jurisdiction?

If the receiving PHA enters into a billing arrangement with the initial PHA and the initial PHA allows the family to continue as a participant in its WtW voucher program, the family will be counted as a lease up in the initial PHA's WtW voucher program. If the receiving PHA absorbs the family, the initial PHA does not receive credit for leasing up.

Note: HUD designed the new 50058 Module of the PIH Information Center (PIC) to allow for separate submissions of a family's form HUD-50058 and form HUD-50058 FSS/WtW addendum, but this design feature is not yet operational. Once operational, this design feature will allow the initial PHA to submit an FSS/WtW addendum for the WtW family and, if the form is completed properly, PIC will be able to identify the family as a participant in the initial PHA's WtW voucher program. The new FSS/WtW addendum asks for the PHA number of the PHA that issued the WtW voucher to the family and the PHA number of the PHA that counts the family in its WtW voucher program. Until this design feature is operational, however, the initial PHA should keep careful records of WtW families that port under a billing arrangement, including hard copies of their FSS/WtW addenda.

When a WtW voucher family moves under portability, which PHA is responsible for case management, supportive service delivery, and tracking and monitoring the WtW family's progress? How does distance (city-to-city versus county-to-county versus state-to-state) affect the PHA's responsibility for the above?

The PHA that counts the family in its WtW voucher program is responsible for assuring that the family is meeting the requirements of the WtW voucher program, whether the responsible PHA provides needed monitoring and services directly or through an agreement with a service provider or another PHA. For example, in a billing arrangement where the family continues as a participant in the WtW voucher program of the initial PHA, the initial PHA is responsible. If the WtW voucher family moves to a jurisdiction that also operates a WtW voucher program, the receiving PHA is responsible if it absorbs the family into its WtW voucher program.

Since the need for case management and other services will vary from family to family, distance will not be the only consideration in whether a PHA can continue to monitor a family that has moved out of the local area. If a family needs extensive case management, the initial PHA may decide that the best approach is to deny the family's request for a portability move at that time, if the PHA's WtW family obligations permit them to deny the move. An already employed family that moves to be closer to employment, however, may have little need for services or case management, and the PHA may be able to easily monitor the family from a distance. Alternatively, the PHA may decide to consider the family a WtW voucher program success and graduate the family from the WtW voucher program. In this case, the PHA would allow the family to move without further WtW voucher program obligations by issuing them a regular housing choice voucher. The PHA would then issue the turnover WtW voucher to the next WtW voucher eligible family from its waiting list.

If a family ports into a jurisdiction that does not have a WtW voucher program, will the receiving PHA be required to complete the WtW 50058 addendum?

No. Although the receiving PHA will complete the basic HUD-50058 for the family, the receiving PHA will not be required to complete the HUD-50058 WtW/FSS addendum if the family is still a participant in the WtW voucher program of the initial PHA. Changes to PIC will allow the initial PHA to submit the FSS/WtW addendum for a family that continues in the WtW voucher program of the initial PHA. Until that change has been implemented in PIC, the initial PHA should keep careful records of such families including hard copies of their FSS/WtW addenda. See also answer to Question 6.

Can PHAs prevent families from porting for a specified period of time, i.e. the first year of assistance?

A PHA cannot require a family to live in its jurisdiction for a specified period of time as a condition of receiving a WtW voucher. A PHA can deny a family's portability request at any time, however, if the move is in violation of either housing choice voucher program portability regulations or properly implemented WtW voucher program family obligations. While it may be appropriate for a PHA to require a family to remain in its jurisdiction for job training or services, it would most likely be inappropriate to prevent a family that is working or has a job offer in another jurisdiction from moving closer to employment, transportation, childcare, etc.

How do portability requirements apply to Tribally Designated Housing Entities (TDHEs)?

In administering the WtW voucher program, TDHEs must follow the regulations for the housing choice voucher program at 24 CFR Part 982, including those regulations governing portability.

How will HUD keep track of a family that moves under portability, when the family continues to participate in the WtW program of the initial PHA?

HUD intends to keep track of WtW voucher families through its PIC system using the new HUD-50058 and the 50058 FSS/WtW addendum. Until the changes are made that will allow the initial PHA to submit and be credited for the 50058 FSS/WtW addendum, PHAs should establish a system that will enable them to identify and access the HUD-50058 and FSS/WtW addendum, for each family that has moved under portability but continues as to participate in the initial PHA's WtW voucher program. See also answer to Question 9.6.

How are WtW families reported in PIC in a portability move?

Detailed instructions will be provided at a later date.