Introduction

Families are required to notify MSHDA before they move out of a unit and give MSHDA information about any family absence from the unit.   In cases where the family has moved out of the unit, MSHDA will terminate their rental assistance in accordance with the appropriate termination procedures outlined in Chapter XV of the Existing Housing Policy/Procedure Manual.

The head of household is responsible for reporting changes in family composition.  In accordance with this policy, MSHDA evaluates absences from the unit and makes a determination whether participants stay on, or are terminated from, the program.

Section A:  Reporting Absences to MSHDA

Participants must report to MSHDA, in writing, when a family member leaves the household, within 14 calendar days of the change and certify whether the member is temporarily absent or permanently absent.

The assigned Housing Agent (HA) conducts an interim re-examination in accordance with policy.

Section B:  Absences from the Unit

The family may be absent from the unit for brief periods of time (up to three weeks) without notifying either the owner or MSHDA.

Absences in Excess of Three Weeks but less than Three Months:

• The family must provide written notice to the owner and MSHDA that the unit will be temporarily vacant.  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 family compliance with policy.
• MSHDA approval is NOT required for the family to temporarily vacate the unit for up to three months. 
• Absences between Three and Six Months:
• The family must provide written notice to the owner and MSHDA that the unit will be temporarily vacant.  The notice must include the beginning and ending dates of the vacancy.
• Written approval is required for temporary absences in excess of three months.  Each circumstance will be individually evaluated and authorized by the HA.  Written documentation should be placed in the file.  Examples of circumstances where approval may be appropriate include, but are not limited to, the following:
  • Hospitalization;
  • Temporary placement in a nursing home or similar facility;
  • Temporary placement of child(ren) in a foster care situation;
  • Family emergency such as serious illness, or death;
  • Incarceration (for non-drug related criminal activity);
  • Other individual circumstances.

Absences in excess of 180 calendar days (Six months):

• The family cannot be absent from the unit for more than 180 consecutive calendar days (six months) for any reason.  The unit is considered vacated and the rental assistance must be terminated.

Section C:  Absence Due to Medical Reasons

If a family member leaves the household to enter a facility such as hospital, nursing home, or rehabilitation center, the assigned HS/A will contact a family member, or reliable qualified source, (i.e. licensed health care provider) to determine the likelihood and timing of the member’s return.  If the verification indicates that the family member will return in less than 180 consecutive days, the family member will not be considered permanently absent.  If the verification indicates that the family member will be permanently confined to a nursing home, that member will be considered permanently absent.   If the permanently absent person is the sole household member, the rental assistance must be terminated.

Section D:  Absence Due to Full-Time Student Status

Full-time students, who attend school away from home and live with their participant family as a dependent during school recesses, are considered temporarily absent from the household.

Section E:  Absence Due to Incarceration

Incarceration for more than 90 consecutive days defines a sole member, or any household member as permanently absent. 

Section F:  Absence Due to Military Service

Regulations provide support for families and dependents of military personnel (including reservists and guardsmen) called to active duty during Operation Enduring Freedom (or other designated military operations).

1.      Allowing a guardian to move into the unit temporarily to care for the dependents the military person leaves in the unit.  The guardian’s income is exempt;

2.      Consideration of whether to allow delayed repayments;

3.   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 Operation Enduring Freedom, or other designated military operations.

Section G:  Absence of Child(ren) Due to Foster Care Placement

If the family includes a child or children temporarily absent from the home due to placement in foster care, the HA will consult with the appropriate agency to determine when or if the child(ren) will return to the home.

Section H:  Absence of Entire Family

Participants must notify MSHDA in writing at least 14 calendar days before leaving their unit if they are going to be absent from the unit for more than three consecutive weeks.

MSHDA approval of the absence is not required for the family to vacate the unit for up to three months, but is required for absences of more than three months and less than six months.  Approval depends on the evaluation of individual circumstances. 

If the entire family is absent from the assisted unit for more than 180 consecutive days, the unit is considered vacant and the rental assistance must be terminated.

In order to determine if the family is absent from the unit, MSHDA or the landlord may:

• Write letters to the family at the unit;
• Telephone the family at the unit;
• Interview neighbors;
• Verify whether the utilities are in service; or
• Check with the Post Office.

A person with a disability may request a time extension as an accommodation, provided the extension does not go beyond the HUD-allowed 180 consecutive calendar day limit.

Section I:  Caretaker for Children

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 90 days.

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 appropriate agency cannot confirm the guardianship status of the caretaker, MSHDA reviews the status at 90-day intervals.

If the court has not awarded custody or legal guardianship, but the action is in process, the Housing Agent (HA) needs to 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.

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

If a member of the household is subject to a court order that restricts them from the home for more than three months, the person is considered permanently absent.

Section J:  Visitors

Any adult not included on the lease who resides in the rental unit more than 14 consecutive days without MSHDA approval, or a total of 30 days in a 12-month period, is considered to be living in the unit as an unauthorized household member.

Absence of evidence of any other address is considered verification that the visitor is a household member.

Statements from neighbors and/or the landlord, copies of police reports, or notification by a DHS worker of absences would be considered in making the determination.

Use of the unit address as the visitor’s current residence for any purpose not explicitly temporary, is construed as permanent residence.

The burden of proof that the individual is a visitor rests on the family.  In the absence of such proof, the individual is considered an unauthorized member of the household and the rental assistance must be terminated, since prior approval was not requested for the additional household member.

Minors and college students who were part of the family, but now live away from home during the school year and are no longer on the lease, may visit for up to 90 consecutive days per year without being considered a household member.

In a joint custody arrangement, if the minor is in the household less than 180 days per year, the minor is considered an eligible visitor and not a family member.

Section K:  Reporting Additions to Owners and MSHDA

The family is responsible to report all changes in household composition to MSHDA and the owner within 14 calendar days of the move-in date.

The family must inform MSHDA of the birth, adoption, or court-awarded custody of a child.   The family must obtain written approval from both MSHDA and the owner of the unit to add any other family member as an occupant of the unit (i.e. new spouse, relative, significant other).   Acceptable written approval includes:

1.     A letter from the tenant with a landlord approval statement;

2.     A Family Composition form (MSHDA 51a) with tenant and landlord signatures and date.

Following screening of the new member, an Adjustment Notification (MSHDA 34) signifies MSHDA approval of the new member.

If any new family member is added, the income of the additional member is included in the family income as applicable under HUD regulations. 

If the family does not obtain prior written approval from MSHDA or the owner or both, any person the family has permitted to move in is considered an unauthorized household member.

The HA must conduct an interim re-examination for any additions to the household.

NOTE: the lease may also require the family to obtain prior written approval from the owner when there are changes in family composition other than birth, adoption, or court-awarded custody.

Section L:  Verification of Permanent Absence of a Family Member

If the family reports an adult member who was formerly a member of the household permanently absent, the following are considered verifications of absence:

Court Papers when a husband or wife institutes divorce action or legal separation;

Protection/Restraining Order obtained by one family member against another;

Proof of another home address, such as listed on utility bills, canceled rent checks, driver’s license, or lease or rental agreement, if available;

Statements from other agencies such as DHS, or a written statement from the landlord or manager that the adult family member is no longer living at that location;

If the adult family member is incarcerated, a document from the Court or correctional facility stating how long they will be incarcerated is required;

If no other proof can be provided, MSHDA accepts a self-certification from the head of household, spouse, or co-head via the Family Composition form; 

If the head of household is the absent member, the HA should issue the voucher to the remaining spouse or co-head.  Follow procedures in Chapter XIII, Remaining Tenants and Separating Families and Chapter X, Interim Re-examinations.

Section M:  Verification of Change in Family Composition

MSHDA may verify changes in family composition (either reported or unreported) through letters, telephone calls, utility records, inspections, landlords, neighbors, credit data, school records, and other sources.

Section N:  Definitions

Absence:  No family member resides in the unit.

Temporary Absence:  A family member is away from the unit for less than 90 calendar days.  The income of the absent member is included.

Permanent Absence:  A family member is away from the unit for 90 calendar days or more except as otherwise identified in this policy.  The income of a permanently absent member is excluded.

Section O:  Applicable Forms List

(December 2003)