[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: 24CFR982.314]

[Page 586]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 982--SECTION 8 TENANT BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM--Table of Contents
 
                        Subpart G--Leasing a Unit
 
Sec. 982.314  Move with continued tenant-based assistance.

    (a) Applicability. This section states when a participant family may 
move to a new unit with continued tenant-based assistance:
    (b) When family may move. A family may move to a new unit if:
    (1) The assisted lease for the old unit has terminated. This 
includes a termination because:
    (i) The PHA has terminated the HAP contract for the owner's breach; 
or
    (ii) The lease has terminated by mutual agreement of the owner and 
the tenant.
    (2) The owner has given the tenant a notice to vacate, or has 
commenced an action to evict the tenant, or has obtained a court 
judgment or other process allowing the owner to evict the tenant.
    (3) The tenant has given notice of lease termination (if the tenant 
has a right to terminate the lease on notice to the owner, for owner 
breach or otherwise).
    (c) How many moves. (1) A participant family may move one or more 
times with continued assistance under the program, either inside the PHA 
jurisdiction, or under the portability procedures. (See Sec. 982.353)
    (2) The PHA may establish:
    (i) Policies that prohibit any move by the family during the initial 
lease term; and
    (ii) Policies that prohibit more than one move by the family during 
any one year period.
    (3) The PHA policies may apply to moves within the PHA jurisdiction 
by a participant family, and to moves by a participant family outside 
the PHA jurisdiction under portability procedures.
    (d) Notice that family wants to move. (1) If the family terminates 
the lease on notice to the owner, the family must give the PHA a copy of 
the notice at the same time.
    (2) If the family wants to move to a new unit, the family must 
notify the PHA and the owner before moving from the old unit. If the 
family wants to move to a new unit that is located outside the initial 
PHA jurisdiction, the notice to the initial PHA must specify the area 
where the family wants to move. See portability procedures in subpart H 
of this part.
    (e) When PHA may deny permission to move. (1) The PHA may deny 
permission to move if the PHA does not have sufficient funding for 
continued assistance.
    (2) At any time, the PHA may deny permission to move in accordance 
with Sec. 982.552 (grounds for denial or termination of assistance).

[60 FR 34695, July 3, 1995, as amended at 64 FR 56913, Oct. 21, 1999]