SECTION 330:50-25-7. Incoming portability

(a)   Absorption or administration.

(1)   OHFA will accept a family with a valid Certificate/Voucher from another jurisdiction and administer or absorb the Certificate/Voucher. If administering, the family will be issued a "Portable" Certificate or Voucher by OHFA with the same start date. OHFA may grant extensions in accordance with these Chapter 50 Rules.

(2)   OHFA may absorb Certificates/Vouchers if such absorption does not exceed 5 percent of households assisted.

(3)   When the receiving HA does not absorb the incoming Voucher or Certificate, it will administer the Initial HA's Voucher or Certificate and the receiving HA's policies will prevail.

(4)   For initial lease-up, the family must be within OHFA's Very-Low Income limits. For participants, OHFA may issue either a Certificate or Voucher but if the form of assistance changes, the family must be within OHFA's Low Income limits. If the family is ineligible under the receiving HA low income limit because the form of assistance offered causes the family to change programs, the receiving HA must absorb the family without a change in the form of assistance, or administer the family's current form of assistance.

(5)   OHFA will issue a "Portable Certificate/Voucher" according to its own Subsidy Standards. If the Family has a change in family composition which would change the Certificate or Voucher size, OHFA will change to the proper size based on its own Subsidy Standards.

(6)   OHFA will decide whether to extend the "Portable Certificate/Voucher" and for what period of time. OHFA policy on suspensions will apply. However, if the Family decides not to lease-up in the HA's jurisdiction, the Family must request an extension from the Initial HA.

(7)   For Old Rule contracts, OHFA's unpaid rent, damage & vacancy loss claim policies prevail.

(b)   Income and TTP of incoming portables.

(1)   As Receiving HA, OHFA will conduct a recertification interview but only verify the information provided if the documents are missing or are over 120 days old, whichever is applicable, or there has been a change in the family's circumstances.

(2)   If the family's income exceeds the income limit of OHFA, the family will not be denied assistance unless the family is an applicant (and over the Very-Low Income Limit).

(3)   If the family's income is such that a $0 subsidy amount is determined prior to lease-up in OHFA's jurisdiction, OHFA will refuse to enter into a contract on behalf of the family at $0 assistance.

(c)   Requests for Lease Approval (RLA).

(1)   When the Family submits a RLA, it will be processed using OHFA's policies. If the Family does not submit a RLA or does not execute a lease, the Initial HA will be notified by OHFA within 60 days of the Certificate/Voucher expiration date.

(2)   When an Exception Rent is requested by an incoming Certificate holder, OHFA will check with the Initial HA to determine whether exception rent authority is available.

(3)   If the Family leases up successfully, OHFA will notify the Initial HA within 60 days, and the billing process will commence.

(4)   If OHFA denies assistance to the family, OHFA will notify the Initial HA within 30 days and the family will be offered a review or hearing.

(5)   OHFA will notify the Family of its responsibility to contact the Initial HA if the Family wishes to move outside OHFA's jurisdiction under continued portability.

(d)   Terminations.

(1)   OHFA will notify the Initial HA in writing of any termination of assistance within 30 days of the termination.

(2)   If an Informal Hearing is required and requested by the Family, the hearing will be conducted by OHFA, using the regular hearing procedures included in these Chapter 50 Rules. A copy of the hearing decision will be furnished to the initial HA.

(3)   The Initial HA will be responsible for collecting amounts owed by the Family for claims paid and for monitoring repayment. If the Initial HA notifies OHFA that the Family is in arrears or the Family has refused to sign a Repayment Agreement, OHFA will terminate assistance to the family.

(e)   Required documents. As Receiving HA, OHFA will require the following documents from the Initial HA:

(1)   A copy of the family's Certificate or Voucher, with issue and expiration dates, formally acknowledging the family's ability to move under portability.

(2)   The most recent HUD 50058 form and verifications.

(3)   Declarations and verifications of U.S. citizenship/eligible immigrant status.

(4)   Current information related to eligibility and rent payments.

(5)   Persons designated for inquiries on eligibility and billing.

(6)   The Administrative Fee Schedule for billing purposes.

(f)   Billing procedures.

(1)   As Receiving HA, OHFA will bill the Initial HA for HAP. The billing cycle for other amounts, including Administrative Fees and Special Claims will be quarterly unless requested otherwise by the Initial HA.

(2)   OHFA will bill 100% of the HAP, 100% of Special Claims and 80% of the Administrative Fee (at the Initial HA's rate) and any other HUD-approved fees, for each "Portable" Certificate/Voucher leased as of the first day of the month.

(3)   OHFA will notify the Initial HA of changes in subsidy amounts and will expect the Initial HA to notify OHFA of changes in the Administrative Fee amount to be billed.

[Source: Added at 16 Ok Reg 2905, eff 7-12-99]