What Is Right to Move
Right to Move is a federal requirement under the Housing Choice Voucher program that allows tenants in Project-Based Voucher (PBV) units to request a tenant-based voucher after living in the same PBV unit for at least one year. Once granted, tenants can search for a different unit anywhere within the Public Housing Agency's jurisdiction (or a partnering PHA if portable).
Regulatory Foundation
This right was established to prevent tenants from becoming locked into PBV arrangements indefinitely. The rule applies to all PBV programs and is codified in 24 CFR 983.2. PHAs must process Right to Move requests and issue tenant-based vouchers once the one-year occupancy requirement is satisfied, provided the tenant remains income-eligible and is in good standing with lease obligations.
Practical Mechanics
- Eligibility timeline: Tenants become eligible immediately after completing 12 consecutive months in the same PBV unit.
- Request process: The tenant submits a written Right to Move request to the PHA. No cause or explanation is required. The PHA cannot deny the request based on the reason for moving.
- Voucher issuance: The PHA issues a tenant-based voucher, typically with a 60-90 day search period. The tenant then locates a new unit that meets Housing Quality Standards (HQS) and falls within Fair Market Rent limits.
- No retaliation: PBV owners cannot refuse lease renewal or retaliate against tenants exercising Right to Move.
- Portability option: If moving outside the PHA's jurisdiction, tenants can request portability to transfer their voucher to another PHA's program.
Key Implications for Landlords
PBV property owners should expect tenant turnover after the one-year mark. Unlike project-based contracts that provide stable occupancy guarantees, Right to Move creates natural tenant departure points. Owners should budget for vacancy periods and screening costs annually. Additionally, owners cannot impose lease terms that discourage or penalize Right to Move requests.
Impact on Inspections and Compliance
Units vacated due to Right to Move must pass a move-out HQS inspection before the tenant's voucher obligation ends. If the unit fails inspection due to damage beyond normal wear, the owner is responsible for repairs before the next tenant arrives. The PHA may place the unit offline if it fails reinspection, which affects the project's subsidy level.
Common Questions
- Can a PHA deny Right to Move? No. Once a tenant meets the one-year requirement and remains lease-compliant, the PHA must issue a voucher. Denial is a federal violation.
- Does Right to Move affect the subsidy amount? The tenant's voucher amount is recalculated based on current Fair Market Rent at the new address. In higher-cost areas, the tenant may pay more in rent share.
- What happens if a tenant doesn't find a unit within the search period? The PHA may grant an extension, typically up to 60 additional days. If no unit is found, the voucher is returned, and the tenant remains in the PBV unit.