[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR984.306]



[Page 695-696]

 

                 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 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



[[Page 696]]



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]