Rules & Regulations of the State of Tennessee
Title 0770 - Housing Development
Chapter 0770-01-05 - Housing Choice Voucher Program
Section 0770-01-05-.26 - ANNUAL AND INTERIM ACTIVITIES (24 C.F.R. 982.516, 982.405)

Universal Citation: TN Comp Rules and Regs 0770-01-05-.26

Current through September 24, 2024

(1) Annual Activities. The THDA must conduct an annual recertification for every participant household and an annual or biennial HQS inspection for every unit.

(a) Recertification. The THDA must conduct an annual recertification for every HCV Program participant that includes a re-assessment of household composition, income, and assets to determine continuing eligibility for the HCV Program, the correct Total Tenant Payment and subsidy payment, and the appropriate unit size. HUD requires that the THDA maintain a current record of this annual and such record must be submitted to HUD through the Public and Indian Housing Information Center (PIC).
1. Notices.
(i) The Recertification Letter, Personal Declaration, information on relocation, authorization forms, and a list of required verification documents will be mailed to the family within 90 to 120 days in advance of the family's recertification date. If other adult family members wish to view their online verifications, they must schedule an appointment or make a request to the THDA to mail the online verification separately to the other member in an envelope addressed only to requesting household member.

(ii) A family's failure to comply with the recertification requirements is grounds for denial of admission or termination of assistance.

(iii) A Notice of Recertification will be mailed to the owner as a reminder of the owner obligations, including new lease offers and rent increase requests, which must be received sixty (60) days prior to the annual date.

2. Deadline. The family is required to return and the THDA must receive all requisite forms, properly completed, within fourteen (14) calendar days of the postmark date on the Recertification Letter. The THDA will not assume the family's cost for postage.
(i) If at any point after the family receives the recertification paperwork a question or concern arises, the family may contact the THDA by phone.

(ii) The Head of Household is responsible for collecting full and complete information for other adult household members, including required signatures.

(iii) If all requisite documents are not received by the deadline or any document is incomplete, a Notice of Verifications Needed will be sent and will warn the participant that if all requisite documentation is not received, properly completed, within fourteen (14) calendar days of the postmark date on the notice, the family's assistance will be terminated.

3. Interviews. If the THDA has a question regarding the paperwork, the THDA may contact the family by phone for a follow-up interview by telephone, email, or mail to receive clarification. If the THDA makes any revision to a form, staff will initial, date, and place a note on the form that it was updated by the THDA staff. All phone calls also should be documented in the THDA's computer system in the notes area. Mail and email correspondence will be placed in the file.

4. Verification. The THDA will obtain verification of all sources of income, assets, allowable deductions, family composition and any other required information.

5. Calculations.
(i) If the annual recertification results in any changes in the contract rent, the tenant portion of the rent, the subsidy amount, the THDA will notify the participant and owner of such change and the effective date of the change.

(ii) All changes are effective the first day of the month, on the anniversary date of the annual recertification.

(iii) Zero HAP.
(I) If, at annual recertification, it is determined that the family no longer qualifies for a subsidy payment because the Total Tenant Payment is equal to or greater than the Gross Rent, the HAP Contract continues in effect for 180 days with a zero (0) subsidy payment. If the family's circumstances change during this 180-day period, they may request an interim recertification for the resumption of the subsidy. If circumstances have not changed by day 150, then the THDA will issue a termination notice, which will be effective on the 180th day of the zero HAP. The participant may appeal the termination, but in order to be reinstated the event that would qualify the participant for a subsidy payment again must have occurred before the 180th day, not between the termination and the hearing.

(II) If the owner refuses to continue the tenancy and HAP Contract for a $0 housing assistance payment at the annual recertification, then the family may be issued a voucher for relocation or they may choose to stay in their current unit and pay the owner the full rent if the owner agrees. If the family decides to stay in their current unit, their assistance is terminated and the family is responsible for the full amount of the rent.

6. Termination Notification. Both the owner and participant are notified in writing if assistance or the HAP Contract will be terminated. The participant's notice includes the right to request an informal hearing. A copy of the notice is placed in the tenant file.

(b) New Lease. After the initial lease term, usually twelve (12) months, the owner may offer the participant a new lease.
1. When Not Required. If the lease has an automatic renewal provision for another term (usually 12 months), the lease has a periodic month-to-month term after the initial term, the owner and participant agree to allow the lease to become a periodic month-to-month tenancy after the initial term, or the only revision to the lease is the amount of the rent, then it is not necessary to execute a new lease and HAP Contract at the annual recertification.

2. Owner Initiates a New Lease. If the owner chooses to offer a new lease, the owner must submit the new lease to the participant and the THDA sixty (60) calendar days prior to the lease anniversary date for lease approval, otherwise the lease will renew subject to any renewal provision or, if there is not a renewal provision in the initial lease, the tenancy will become a periodic month-to-month tenancy upon expiration of the initial lease term.
(i) The owner may not execute the lease with the participant until after the THDA approves it.

(ii) The participant may refuse the new lease, however, such refusal is grounds for termination of the tenancy by the owner and the participant must relocate if the family desires to remain in, and is still eligible for, the HCV Program.

3. Term of New Lease. The new lease term must start on the first day of a month and end on the last day of a month.

4. HAP Contract. If the THDA approves the new lease, and the participant accepts the terms of the new lease, a new HAP Contract must be executed to ensure that the lease and HAP Contract effective dates are the same.

5. Deadline for Receipt of New Executed Lease. The THDA must receive a copy of the new, signed lease and THDA Lease Addendum no less than sixty (60) calendar days prior to the annual date.
(i) If the THDA does not receive the executed new lease and addendum no less than 60 days prior to the annual date, then the recertification will be processed using the terms of the old lease and the tenancy will either renew if such provision exists in the lease or it will convert to a month-to-month periodic tenancy and the owner and participant must wait until the next annual to enter into a new lease agreement.

(ii) If the new executed lease and addendum are received 60 days prior to the annual date, then the HAP Contract must be executed no more than sixty (60) calendar days from the beginning of the lease term.
(I) No Housing Assistance Payments (HAP) will be made under the new lease until after the expiration of the first lease and until the executed HAP Contract is received. The owner will not be eligible for a late fee on the delayed HAP because the owner caused the delay.

(II) If the executed HAP Contract is not received within 60 days of the effective date of the new lease, the THDA will notify the owner and participant that the HAP for the current unit is terminated, the participant will be offered a voucher to relocate, and the owner will be added to the barred landlord list for noncompliance. If the participant chooses to remain in the current unit, the family's assistance will be terminated and the family will be responsible for the full amount of the rent.

(c) Rent Increases ( 24 C.F.R. 982.519, 24 C.F.R. 982.308).
1. Regular Properties (Non-USDA Properties).
(i) A rent increase may not be approved under the HAP Contract during the initial lease term, which is typically 12 months.

(ii) The owner must submit a request for a rent increase sixty (60) calendar days prior to the effective date. Only one increase request within a 12-month period will be considered. The increase will be approved, if the proposed increase is reasonable according to HCV rent reasonableness standards and the participant agrees to the increase. If the participant does not agree, a relocation voucher will be issued.

(iii) The THDA determines whether the increase is reasonable according to the Rent Reasonableness Test. For the increase to be approved under the HAP Contract, the increased rent must remain comparable with the rents of similar non-assisted units.

(iv) The THDA will notify the participant of the impact of the increase on the tenant portion of the rent and if the increased rent is reasonable, the participant decides whether or not to accept the proposed increase in rent.

(v) If the participant does not agree to the new rent amount, the participant is allowed to relocate if the family is eligible.

(vi) If the proposed increase is reasonable and the participant agrees to the increase, the increase will be effective on the first day of the first month at least 60 days after the THDA receives the owner's request.

(vii) A change in rent amount does not require a new lease or HAP Contract and does not affect the automatic renewal of the lease unless there is a change in ownership. A HAP Amendment Notice is sent to the owner and family, which states the new contract rent, the amount of the Housing Assistance Payment, the amount the participant must pay, and any utility reimbursement to the participant and the participant and owner must execute a new THDA Lease Addendum.

2. USDA - Rural Development Properties.
(i) Rent adjustments for units in the USDA programs, formerly Rural Development, are approved by HUD and are not subject to further approval by the THDA unless funding is not sufficient to pay for rent increases and continue to assist all current families.

(ii) However, when the THDA is in "shortfall status," or determines that funds are not sufficient to cover the HAP and UAP expenses for all currently assisted families, rent increases will be denied to all owners uniformly.

(iii) If approved, the rent increase may be effective during the initial term of the lease. When HUD approves an increase, the THDA must adjust the contract rent the first day of the month following notification from the owner, even if this does not coincide with the anniversary date of the lease for the family living in the unit.

(2) Interim Activities (24 C.F.R. 982.516).

(a) Interim Recertification. An Interim Recertification may be necessary when household composition, income, allowances, or assets change after the initial or annual certification, but prior to the next annual recertification. Interim recertification follows the same procedures as annual recertification above, except interim recertification consists of the verification of changes only.
1. Deadlines for Reporting Changes. The failure to report an interim change by the deadline is grounds for termination of assistance.
(i) Changes in Household Composition.
(I) The household must request the approval of the THDA and the owner to add any other household member as an occupant of the unit, including new, current, or former spouses, co-heads, other adults, other children, foster children, and live-in aides, but excluding members added due to birth, adoption, or court-awarded custody of a child. However, as long as a new spouse is eligible, they may be added to the household, and if they would overcrowd the unit, the THDA will terminate the HAP contract and issue a voucher to relocate.

(II) The household must inform the THDA and the Owner of the birth, adoption, or court-awarded custody of a child within thirty (30) calendar days of such occurrence.

(III) The household must notify the THDA within thirty (30) calendar days if any household member no longer resides in the unit.

(ii) Income/Asset Changes.
(I) Any interim changes in assets such as an insurance settlements, inheritance, lottery or gambling winnings, worker's compensation settlements, settlements from any litigation or lawsuits, or any other sum of money or a lump sum that represents the delayed start of a periodic payment (other than Social Security) will be processed according to the policy for increase and decrease in income.

(II) Increases. The household must report any increases in income, including when any member starts to work, within thirty (30) calendar days of the occurrence. The participant will be responsible for repaying to the THDA any overpayment and if such overpayment exceeds $3,000, then the participant will be terminated.

(III) Decreases. There is no deadline for reporting decreases in income.

2. Process for Changes. If the participant reports or the THDA discovers any changes in income or family composition, the THDA will first determine when the change occurred. In cases where the increase in income is less than $200 per month, the change will be documented and no interim recertification will be processed.
(i) The family is required to report all changes. THDA will process all changes in income.
(I) The THDA will provide the participant the Interim Letter and notify the participant which documents to download, complete, and return from the THDA's website.
I. Interim Decreases in Income. Decreases in income should be reported to the THDA within 14 days of the change. There is no time deadline for returning the Personal Declaration and supporting documents, but the change will not be processed or become effective until all documentation has been received. The change will become effective on the first of the month following the month in which the interim documentation was received by THDA. For the change to be effective on the first of the month following the month in which the documentation was received, the documentation must be received by the last day of the month. For example, if the documentation is received on April 30, the interim change will be effective May 1. If the documentation is received any time after April 30, the interim change will be effective June 1.

II. Changes in Household Composition or Interim Increases in Income. The participant has fourteen (14) calendar days to return the required documentation. If the documentation is not received by the THDA by the 14th day, the THDA will send a second Notice of Verification Needed giving the participant an additional 14 calendar days to return the documentation. If the participant still fails to comply, then a termination notice will be sent.
A. Increases in Income. The participant will be responsible for repaying to the THDA any unreported increases in income, which result in an overpayment. If the overpayment exceeds $3,000, then the participant will be terminated.

B. Unit Becomes Under-Occupied. When a unit becomes under-occupied, the THDA will not use the new family unit size to determine the payment standard until the next regular annual recertification and the family may either remain in the unit, but pay any additional rent, or they may choose to relocate to a smaller unit at recertification.

C. Unit Becomes Overcrowded. If a birth, adoption, court-awarded custody, emergency placement of a minor, or a new spouse causes a unit to not meet HQS or subsidy standards, the current lease and HAP contract will terminate on the last day of the next month following the notification, or approval in cases of emergency placement of a minor. The THDA will conduct an interim recertification and issue the household a voucher to relocate. The family may also choose to remain in the current unit and remove themselves from the HCV program. The THDA will no longer be responsible for any rental assistance.

(ii) Change Is within 120 Days of the Next Annual Recertification.
(I) Decrease in Income or Household Composition. The THDA will mail or email the participant the Interim Letter and notify the participant which forms to download, complete, and return from THDA's website.
I. Interim Decreases in Income. Participants shall follow the same procedure as outlined in Rule 0770-01-05-.26(2)(a) 2.(i).

II. Unit Becomes Under-Occupied. When a unit becomes under-occupied, the THDA will not use the new family unit size to determine the payment standard until the next regular annual recertification and the family may either remain in the unit, but pay any additional rent, or they may choose to relocate to a smaller unit at recertification.

(II) Increase in Income or Household Composition. The THDA will process the change at the Annual Recertification and no Interim Recertification is required.

3. Zero Income. Families with a reported income of zero income are scheduled for an Interim Recertification every 90 days and at any other interim certification until there is evidence of some household income.

4. Unstable Income. Interim Recertifications may be scheduled for any household whose income is unstable or when a change is anticipated.

5. THDA Errors. Interim Recertifications may also be conducted to correct any discovered errors that are made by staff at admission or reexamination. The household is not charged retroactive rent for errors made by staff.

6. Termination or Repayment Agreement Due to Unreported Income. Interim Recertifications are conducted for participants whose rent has been based on false or incomplete information supplied by any member of the household. If the income is determined to be higher than previously reported, all adult household members will be responsible for overpayment of HAP by the THDA, unless a court order assigns the debt to a particular party. If the amount of the overpayment exceeds $3,000, then assistance will be terminated and the household may request an informal hearing to appeal the termination. The Hearing Officer may not offer a repayment agreement in lieu of termination for debts in excess of $3,000. However, before the scheduled informal hearing, the household may reduce the debt to an amount less than $3,000 and enter into a repayment agreement for the remaining balance in order to remain on the program. This will be considered as a repayment agreement. If the amount of the overpayment is $3,000 or less, then in order to avoid termination, all adult household members must enter in to a repayment agreement to pay the debt back to the THDA.
(i) The household may not enter into more than two (2) repayment agreements during program participation.

(ii) A history or pattern of failing to report income on at least three occasions will result in termination versus a repayment agreement.

(iii) A household with an existing repayment agreement with the THDA or another PHA must pay the balance due in full before entering into an additional repayment agreement and may not add a subsequent debt to an existing repayment agreement with the THDA. However, the participant may pay a second debt to the THDA in full if the second debt amount is lower than the first debt and the total of the two debts does not exceed $3,000.

(iv) Procedures for Repayment Agreement. The following procedures will be followed in the establishment of a repayment agreement:
(I) The THDA will hold a case conference with the head of household and all adult household members. The appointment letter will list the income type, amount, and household members who contributed to the debt and allow the family to dispute the debt during the conference.

(II) All adult household members must sign a repayment agreement and submit the initial payment within thirty (30) days of the case conference appointment. The household may pay a higher amount, which will reduce the balance owed and affect the monthly payment schedule outlined below. Failure to comply will result in termination of assistance.

(III) The THDA will request full payment of the debt from all participants before a plan of repayment is established. Debts of $200 or less must be paid in full. For amounts exceeding $200, a plan of repayment will be established only when a participant is unable to pay the entire debt in full.

(IV) Monthly Payments. Timely monthly payments must continue until the debt is paid in full. The first payment is due when the agreement is signed. Monthly payments are due to the THDA by the first (1st) day of each month and must be in the form of a money order or cashier's check. Cash payments and personal checks are prohibited. The minimum monthly payment is $20, and the monthly payment is based on the following formula:
I. If the debt is $200.01 to $259.99, the monthly payment is divided into equal payments of at least $20. The debt must be paid in full within 12 months or less.

II. If the debt is $260.00 to $519.99, the monthly payment is divided into 12 payments. The debt must be paid in full within 12 months.

III. If the debt is $520.00 to $779.99, the monthly payment is divided into 24 payments. The debt must be paid in full within 24 months.

IV. If the debt is $780.00 to $1,039.99, the monthly payment is divided into 36 payments. The debt must be paid in full within 36 months.

V. If the debt is $1,040.00 to $1,300, the monthly payment is divided into 48 payments. The debt must be paid in full within 48 months.

VI. If the debt is greater than $1,300, the monthly payment must be at least $20. Debts greater than $1,200 must be paid in full within 60 months.

(v) Untimely Payments. Failure to comply with a repayment agreement will result in termination of assistance. Participants must remain current in the plan of repayment. If a participant fails to make one (1) monthly payment, they are considered in default.
(I) When a participant misses their first payment under the agreement, a late notification letter is sent reminding them of the repayment policy and advising that rental assistance will be terminated unless the payment is made current within thirty (30) days.

(II) If the participant does not bring the debt current within sixty (60) days, a sixty (60)-day notification letter is sent advising the household that immediate payment of the delinquent amount is due or their rental assistance will be terminated.

(III) The participant will have fifteen (15) days from the date of the sixty (60)-day notification to comply with the terms of the repayment agreement or assistance will be terminated.
I. If the balance is brought current before the effective date of the termination notice, then only on the first occurrence will the termination notice be rescinded.

II. If the balance is brought current after the effective date of the termination notice, but the household does not request a hearing within the deadline, then the termination will stand and will not be rescinded.

III. If the balance is brought current after the effective date of the termination notice, but the household does request a hearing within the deadline, then only on the first occurrence will the THDA rescind the termination. For every occurrence thereafter, where the balance is brought current between the effective date of the termination notice and the hearing, the termination will not be rescinded.

(IV) If the household is terminated due to a repayment delinquency, they will be afforded the opportunity for an informal hearing, 24 C.F.R. 982.555.

(vi) Requests for Relocation. A request for relocation will be denied if the participant has an outstanding debt to the THDA or another PHA, unless a plan of repayment exists with a current balance or until the balance is paid in full.

(vii) Record of Debts. The THDA will maintain a listing in the HCV software system of all active and inactive participants who owe a debt. The listing will be utilized by all field offices to determine applicant eligibility and repayment account balances.

(viii) Voucher Transfer. The voucher may not be transferred to a residual household member when there is an outstanding debt. The debt must be paid in full or the repayment agreement must be renegotiated with the THDA to include the new head of household as an additional responsible party for the debt.

(ix) Dispute of Debt. If a current or former participant disputes that the existence of a debt to owing to the THDA, they should contact the THDA to dispute this information in writing and must also provide any documentation that supports the dispute. If the THDA determines that the disputed information is incorrect, the information will be updated or the record will be deleted from EIV.

(x) Recapturing Overpayment Debt after Termination. The THDA may recapture overpayment debt from former participants through litigation, settlement agreements, or repayment agreements using the monthly schedule outlined above. The THDA may retain a portion of program fraud losses that are recovered from a family (24 C.F.R. 982.163). However, the THDA must be the principal party initiating or sustaining the action to recover amounts due. 24 C.F.R. 792.202 permits the THDA to retain the greater of the following:
(I) Fifty percent (50%) of the amount it actually collects from a judgment, settlement agreement, or an administrative repayment agreement, or

(II) Reasonable and necessary costs that the THDA incurs related to the collection including costs of investigation, legal fees, and agency collection fees.

(III) If HUD incurs costs on behalf of the THDA related to the collection, these costs must be deducted from the amount retained by the THDA.

7. Knowledge of a Participant's Debt to Another PHA after Issuance. If the THDA has admitted a household to the voucher program and subsequently learns that any person in the household owes a debt to another PHA that the household failed to disclose, assistance will be terminated.

(b) Additions to the Household.
1. Requests for Approval. The family obligations require the household to request in writing and obtain approval from the THDA and the owner prior to adding any household members, other than for additions due to births, adoptions, or court-awarded custody, or a new spouse. The household must make this request to the THDA in writing.

2. Approval or Denial.
(i) Whether a request is required or not, any new member may be denied if that person fails to meet program eligibility requirements, their presence in the household makes the household ineligible, or their presence results in overcrowding at a time when the family is not eligible to relocate, but see exceptions below.

(ii) When the THDA receives a request to add a new member to the household, a determination is made if the addition will overcrowd the unit according to HUD subsidy standards. Usually, if the addition would overcrowd the unit, then the request will be denied until the Annual Recertification, unless the owner agrees to a mutual lease rescission and the household is eligible to move.
(I) Emergency Placement of a Minor Exception. The THDA will approve the addition of a minor during a lease term, which would cause the unit to not meet HQS or subsidy standards, if the household proves by a preponderance of the evidence that the placement is necessitated by an emergency, including, but not limited to, homelessness, medical emergency of permanent guardian(s), natural disaster, etc.

(II) Exceptions. Additions due to a birth, adoption, court-awarded custody, emergency placement of a minor, or a new spouse (as long as the spouse is eligible) are allowed even if the addition will cause overcrowding. The current lease and HAP contract will terminate on the last day of the next month following the notification. The THDA will conduct an interim recertification and issue the household a voucher to relocate. The family may also choose to remain in the current unit and remove themselves from the HCV program. The THDA will no longer be responsible for any rental assistance.

(iii) Approval of Addition of an Adult. If the request is approvable (will not overcrowd the unit or is a new spouse), the THDA field office will schedule an appointment to determine the individual's eligibility for the Program and to sign required paperwork. The appointment will typically be scheduled within fourteen (14) days of the request to add the new adult. The new adult member must be determined individually eligible before they are added to the household and will therefore go through the same process as the adult household members during the initial eligibility determination of the household. Once the THDA has determined the new member individually eligible and income is fully verified, the interim may be processed to add them to the household and the person may move into the assisted unit. The new member must not move into the assisted household until this process is complete. Assistance may be terminated for a violation of the family obligations if a new member is added to the household before the THDA has fully completed the approval and interim processing.

(iv) Approval of Addition of a Minor. Additions of other minors to the household will be approved if the addition does not overcrowd the unit, but the head of household must provide all the same documentation which is required for children in the household at the initial eligibility determination, including documentation of legal identity, age, social security number, etc.

(c) Adult Visitors/Unauthorized Household Member. Adult visitors are allowed to occupy (visit overnight) the assisted unit up to fourteen (14) inconsecutive, calendar days a year before becoming considered a permanent household member. If an adult visitor occupies the assisted unit for more than 14 calendar days per year the adult is considered to be living in the unit as a member of the household, unless a prior exception has been granted by the THDA. The processes outlined above for adult additions to the household, including reporting requirements, apply for the family to remain in good standing.
1. To determine whether a person is an unauthorized household member, the THDA will consider the following:
(i) Reliable statements from neighbors or the Owner.

(ii) Whether the visitor is receiving mail at the unit address.

(iii) Whether social service or government agencies, such as the Department of Motor Vehicles (DMV) or the Department of Human Services (DHS), list the visitor as a member of the household or as residing at the assisted unit address.

(iv) Whether the visitor uses the unit address for employment purposes.

(v) Criminal or arrest records that show the visitor as residing at the unit address.

2. The burden of proving that the individual is a visitor and not a household member rests with the participant. The participant must prove by a preponderance of the evidence that the individual has a permanent residence, other than the assisted unit, or the person will be considered an unauthorized member of the household.

3. Exceptions.
(i) The household may request an exception to this policy if the participant requests an extension before the visitor has occupied the unit more than 14 days and the circumstances warrant it.

(ii) Full-Time Students. A full-time student who lives at school may visit up to 150 days per year without being considered a member of the household.

(d) Absences from the Unit (24 C.F.R. 982.312 and 24 C.F.R. 982.551(i)). Families are required to notify the THDA of any absence from the unit that they know will exceed or that actually exceeds fourteen (14) calendar days, whether the absence is for an individual (adult or minor) or the entire household. In cases where a documented domestic violence incident necessitates a move, VAWA protections will be considered.
1. Absence of an Individual. If a household member vacates the household, the head of household must report this change to the THDA, within fourteen (14) days of the occurrence, in writing and certify as to whether the member is temporarily absent or permanently absent.

2. Permanent Absence of an Individual. If an individual household member is absent from the unit for more than ninety (90) consecutive calendar days, or for any of the following reasons below, they will be considered permanently absent and removed from the household. The income of a permanently absent member is excluded from family income.
(i) Absence Due to Death. To avoid paying HAP or providing assistance to a unit on behalf of a deceased sole member household or other household member, the THDA will review the HUD EIV Deceased Tenant Report monthly. If a head of household or family member is listed and an EOP is not already entered in Elite, the THDA will verify the death. The THDA will place a payment hold effective immediately on the HAP/UAP payment for the unit until the case is completed. HAP payments must stop at the end of the month in which the death occurs when a death occurs for a single member household and single member household with a live-in aide. The Owner will be notified in writing by the THDA of the deceased tenant and discontinuance of the HAP or change in HAP payment if there is a remaining tenant situation.

(ii) Court-ordered absence that will exceed 90 days.

(iii) Adult or Minor Vacates the Household with No Intention of Returning.
(I) Adult Child Leaves the Household. When an adult child leaves the household for military service, school, or other reasons, they are considered permanently absent. Even if the student lives with the household during school recesses, they are considered permanently absent and are not considered in the unit size or household income determination.

(II) Spouse, Co-head or Other Adult Leaves the Household. A spouse or other adult must be out of the household for at least thirty (30) days before being considered permanently absent, unless one of the following conditions is met:
I. There is proof of incarceration;

II. Legal separation is filed;

III. A copy of divorce decree is supplied, or evidence of filing for a divorce is submitted;

IV. There is proof the other adult has established a separate household before the end of the 30 days. Examples:
A. A lease is executed for another address before the end of the 30-day period with the other adult listed on the lease.

B. Another housing agency reports the other adult as a participant in another subsidized housing program before the end of the 30-day period.

V. If the THDA discovers that there is evidence to suggest that a spouse, co-head, or other adult is still in the household after being reported permanently absent, the person may still be considered as part of the household and their income counted for determining income. In this case, the burden will be on the participant to verify through third-party sources that the spouse, co-head or other adult is permanently absent by a preponderance of the evidence. The THDA may consider the following when determining if an adult member is permanently absent:
A. Federal income tax returns are filed jointly and the return lists the assisted unit as the address for both parties.

B. The absent member is receiving mail at the unit address.

C. Social service or government agencies, such as the Department of Motor Vehicles (DMV) or the Department of Human Services, list the absent member as a member of the household or as residing at the assisted unit address.

D. Absent member uses the unit address for employment purposes.

E. Criminal or arrest records show the absent member as residing at the unit address.

F. Reliable statements from the Owner or neighbors about the continued presence of the other adult.

G. Additional documentation may be requested and must be provided to verify a new address if the household member is the head, spouse or co-head.

3. Temporary Absence of an Individual. When a household member is absent from the unit for less than 90 calendar days, the individual continues to be part of the household and income of the absent member is included, unless the absence falls under one of the categories below.

4. Absence Due to Incarceration. Any member of the household will be considered permanently absent if he or she is incarcerated for 60 consecutive days. THDA will process an interim reexamination to remove the absent member from the household. If the person who is determined to be permanently absent is the sole member of the household, THDA will terminate voucher program participation. If participation is terminated, the family will have the right to request an informal hearing within 14 days of the termination notice.

5. Single Parent Leaves Temporarily (Non-Military). When a single parent leaves a household and another adult comes into the household to take care of the children during the parent's absence, no change in household composition is made if the arrangement is for thirty (30) days or less. If the parent continues to be out of the household beyond 30 days, program eligibility will be re-determined.
(i) If neither parent remains in the household and an appropriate agency determines that another adult should be brought into the assisted unit to care for the children for an indefinite period, that adult is considered a visitor for the first ninety (90) days.

(ii) After 90 days, if court-awarded custody or legal guardianship has been awarded to the caretaker, the voucher is transferred to the caretaker if the guardian/caretaker is eligible for assistance. If the appropriate agency cannot confirm the guardianship status of the caretaker, the THDA reviews the status at 90-day intervals.

(iii) If the court has not awarded custody or legal guardianship, but the action is in process, the THDA will secure the status verification from the Department of Human Services (DHS) staff or the attorney of record. The caretaker can remain in the unit as a visitor until a determination of custody occurs.

(iv) When a person is approved to reside in the unit as caretaker for the children, their income is included pending a final disposition. The THDA will work with the appropriate service agencies and the landlord to provide a smooth transition in these cases.

6. Adult Absence Due to Military Service. Regulations provide support for families and dependents of military personnel, including reservists and guardsmen, called to active duty during designated military operations. Support can include, but is not limited to, the following:
(i) Allowing a guardian to move into the unit temporarily to care for the dependents when the military person leaves in the unit. The guardian's income is exempt.

(ii) Consideration of whether to allow delayed repayments;

(iii) Allowing family absences from the unit with continued Housing Assistance Payments (HAP) to exceed normal guidelines because a member of the assisted family has been called to active duty as a result of designated military operations.

7. Children Removed from the Unit. If it is a one-parent family and the children are removed from the parent for abuse or neglect or other reasons, the parent retains eligibility as a remaining member of the household (residual). To verify the absence of the child(ren), the Department of Children Services or another appropriate agency is contacted to determine how long the child(ren) will be out of the household. If the child(ren) have not returned to the unit by the next annual recertification, and DCS or another appropriate agency does not verify the absence as a temporary absence, the child is removed for purposes of subsidy standard calculation. To be included in the unit size determination, children must reside in the unit 51 percent of the time. Fifty-one percent of the time is defined as 183 days of the year, which do not have to run consecutively.

8. Absence Due to Medical Reason (24 C.F.R. 982.312). If a household member leaves the household to enter a facility such as a hospital, nursing home, or rehabilitation center, the THDA will contact a family member or a reliable qualified source (i.e. licensed health care provider) and will require verification as to whether the absence will exceed 90 days, but the inquiry will not include the specifics of the medical condition. If the verification indicates that the household member will return within a period less than 90 days, the household member will not be considered permanently absent. If the verification indicates that the family member will be confined for more than 90 days, that member will be considered permanently absent from the assisted unit, unless the household can provide the THDA with verification that the absence will not exceed 180 days. If the household member is determined to be permanently absent and is the sole household member, assistance must be terminated there is a reasonable accommodation.

9. Absence of Entire Household (24 C.F.R. 982.312(a);(d)(2)).
(i) Notice Requirements. Participants must notify the THDA and the Owner in writing at least 14 calendar days before leaving their unit if the entire household is going to be absent from the unit for more than 14 consecutive calendar days, as approval by the THDA is required for any absence of the entire household which will exceed 14 calendar days. The notice must include the beginning and ending dates of the vacancy. The temporary vacancy notice must be placed in the tenant file to confirm compliance with this policy.

(ii) Approval. The THDA will approve temporary vacancies of the unit at 30-day increments, not to exceed 90 consecutive, calendar days.

(iii) Permanent Absence. If the absence will be for more than 90 consecutive, calendar days, the absence will be considered a permanent absence and assistance will be terminated.

(iv) Unauthorized Vacancy. Assistance will also be terminated when the THDA can prove by a preponderance of the evidence that the entire household has been absent from the unit for more than 14 calendar days without approval from the THDA. In order to determine whether the household has been absent from the unit for more than 14 calendar days, the THDA or the landlord may take, including, but not limited to, the following actions:
(I) Write letters to the family at the unit;

(II) Telephone the family at the unit;

(III) Interview neighbors;

(IV) Verify whether the utilities are in service;

(V) Check with the Post Office; or

(VI) Request, and the household must supply any information or certification requested by the THDA related to the absence from the unit.

(v) Reasonable Accommodation for Disability. A household that includes a person with a disabling condition may request an extension to the policy as an accommodation, as long as the extension does not go beyond the HUD allowed 180 consecutive calendar day limit, at which assistance would be terminated.

10. Move without Notice. In order to relocate or port, the household must follow the procedures outlined in the Plan. If the household moves without the proper notice, assistance will be terminated. The same evidence may be used to establish a move without notice, which is used to prove an unauthorized vacancy and permanent absence. Households are ineligible to relocate or port when a landlord has given proper notice of serious or repeated lease violations.

Authority: T.C.A. §§ 13-23-104 and 13-23-115(18), 42 U.S.C. § 1437, and 24 C.F.R., Part 982.

Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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