If I am being incarcerated for a new offense, does my family have to report that I moved out?

Generally, yes. PHAs and owners of government-assisted housing usually have policies that require family members to report when a family member moves out.[1337] The family’s duty to report an absence generally depends on whether your absence is temporary, and whether you intend to continue to reside in the unit after your return. Whether or not you have to re-apply will depend on how long you are gone. Many PHAs consider you to have permanently moved out if you’re absent from the rental unit for 30 or more consecutive days.[1338] Keep in mind that depending on the terms of your lease/rental agreement, the PHA may be able to evict your family for failing to report any changes in the number of people living there (called “occupants”).

Therefore, even if your absence is temporary (for example, less than 30 days), your family should still report that you’ve temporarily moved out to the PHA and owner of the government-assisted housing unit, to avoid breaking any rules in the lease. There is a chance that if it’s just a short, temporary absence, it won’t change your family’s ability to stay in the government-assisted housing unit. BUT if know you are going to be absent from the unit for 30 or more days, then your family should declare you permanently absent, meaning that you have permanently moved out.[1339] If, after your incarceration, you intend to return to the unit, you will have to re-apply and meet ALL of the eligibility requirements (see PG. 357 to understand how your criminal record could affect your being re-admitted to federal government-assisted housing).

  1. 1337

    24 C.F.R. §§ 966.4(c)(2), 982.516(c), 982.551(h)(3); see also HUD form 50075, PHA Plans (exp. 08/31/2009), ¶ 4A1f (PHA Annual Plan requires, for public housing, PHAs to state how frequently a tenant must report changes in family composition). ↑

  2. 1338

    See Sacramento Housing and Redevelopment Agency, 2014 Admissions and continued Occupancy Policy 11-5. ↑

  3. 1339

    See Sacramento Housing and Redevelopment Agency, 2014 Admissions and continued Occupancy Policy 11-6. ↑