[Code of Federal Regulations]
[Title 24, Volume 4]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR984.306]

[Page 673-674]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 984--SECTION 8 AND PUBLIC HOUSING FAMILY SELF-SUFFICIENCY PROGRAM--Table of Contents
 
                      Subpart C--Program Operation
 
Sec. 984.306  Section 8 residency and portability requirements.

    (a) Relocating FSS family. For purposes of this section, the term 
``relocating FSS family'' refers to an FSS family that moves from the 
jurisdiction of a PHA at least 12 months after signing its contract of 
participation.
    (b) Initial occupancy--(1) First 12 months. A family participating 
in the Section 8 FSS program must lease an assisted unit, for a minimum 
period of 12 months after the effective date of the contract of 
participation, in the jurisdiction of the PHA that selected the family 
for the FSS program. However, the PHA may approve a family's request to 
move outside the initial PHA jurisdiction under portability (in 
accordance with Sec. 982.353 of this chapter) during this period.
    (2) After the first 12 months. After the first 12 months of the FSS 
contract of participation, the FSS family may move outside the initial 
PHA jurisdiction under portability procedures (in accordance with 
Sec. 982.353 of this chapter).
    (c) Portability: relocation but continued participation in the FSS 
program of the initial PHA--(1) General. A relocating FSS family may 
continue in the FSS program of the initial PHA if the family 
demonstrates to the satisfaction of the initial PHA that, 
notwithstanding

[[Page 674]]

the move, the relocating FSS family will be able to fulfill its 
responsibilities under the initial or modified contract of participation 
at its new place of residence. (For example, the FSS family may be able 
to commute to the supportive services specified in the contract of 
participation, or the family may move to obtain employment as specified 
in the contract.)
    (2) Single contract of participation. If the relocating family 
remains in the FSS program of the initial PHA, there will only be one 
contract of participation, which shall be the contract executed by the 
initial PHA.
    (d) Portability: relocation and participation in the FSS program of 
the receiving PHA--(1) General. A relocating FSS family may participate 
in the FSS program of the receiving PHA, if the receiving PHA allows the 
family to participate in its program. a PHA is not obligated to enroll a 
relocating FSS family in its FSS program.
    (2) Two contracts of participation. If the receiving PHA allows the 
relocating FSS family to participate in its FSS program, the receiving 
PHA will enter into a new contract of participation with the FSS family 
for the term on the remaining contract with the initial PHA. The initial 
PHA will terminate its contract of participation with the family.
    (e) Single FSS account. Regardless of whether the relocating FSS 
family remains in the FSS program of the initial PHA or is enrolled in 
the FSS program of the receiving PHA, there will be a single FSS account 
which will be maintained by the initial PHA. When an FSS family will be 
absorbed by the receiving PHA, the initial PHA will transfer the 
family's FSS account to the receiving PHA.
    (f) FSS program termination; loss of FSS account; and termination of 
Section 8 assistance. (1) If an FSS family that relocates to another 
jurisdiction, as provided under this section, is unable to fulfill its 
obligations under the contract of participation, or any modifications 
thereto, the PHA, which is party to the contract of participation, may:
    (i) Terminate the FSS family from the FSS program and the family's 
FSS account will be forfeited; and
    (ii) Terminate the FSS family's Section 8 assistance on the ground 
that the family failed to meet its obligations under the contract of 
participation.
    (2) In the event of forfeiture of the family's FSS account, the 
funds in the family's FSS account will revert to the PHA maintaining the 
FSS account for the family.

[61 FR 8815, Mar. 5, 1996, as amended at 65 FR 16733, Mar. 29, 2000]