How to Use Housing Choice Vouchers to Move Across Counties in Delaware

If you're a renter in Delaware with a Housing Choice Voucher (often called Section 8), you may be wondering: Can I use my voucher to move to another county in the state? The answer is yes, but there are rules, forms, and steps you'll need to follow. This guide explains the process of moving with a voucher within Delaware, what paperwork is required, where to get help, and your rights as a tenant.

Understanding Housing Choice Vouchers in Delaware

The Housing Choice Voucher (HCV) program is run by Public Housing Agencies (PHAs) and helps renters pay for safe, decent housing in the private market. The program is federally funded through the U.S. Department of Housing and Urban Development (HUD), but local agencies in Delaware manage applications, payments, and moves.

What Is Portability?

"Portability" is a tenant's right to take their voucher from one county (or PHA jurisdiction) to another within the same state or even to another state. For example, moving your voucher from New Castle County to Kent or Sussex County in Delaware. This gives you flexibility to find housing that fits your family's needs or job situation.

Steps to Move with a Voucher in Delaware

• Contact your current Public Housing Agency (PHA) as soon as you decide to move.
• Inform them you want to use "portability" to transfer your voucher.
• Follow the official paperwork process and get approval before relocating.
• Find a rental in your new county that meets program requirements (e.g., safe, within rent limits).
• Complete inspections and sign new lease agreements (with landlord approval).

The process protects your rental assistance and ensures a smooth transition for you and your family.

Key Official Form: Housing Choice Voucher Portability Request

• Form Name: Portability Request Packet (used by Delaware State Housing Authority, sometimes called the Portability Request Form or HCV-PORT)
• When and How Used: You must complete this packet when you want to move your voucher to a new PHA jurisdiction. For example, if you live in New Castle County and wish to move to Kent County, notify your current PHA and submit this packet. The PHA will coordinate with the receiving county's housing authority.
• Find the current Portability Request Packet at the Delaware State Housing Authority website.

Who Manages Housing Choice Vouchers in Delaware?

There are three main PHAs:

• Delaware State Housing Authority (DSHA)
• New Castle County Housing Authority
• Wilmington Housing Authority

Contact the PHA that issued your voucher to start the portability process. They will send the required paperwork to the new county's PHA for you.

What Rights Protect You as a Renter?

Delaware tenants are protected under the Delaware Residential Landlord-Tenant Code. This law outlines rules about rent, deposits, repairs, and moving. The Residential Housing Division of the Justice of the Peace Court handles landlord-tenant disputes, including issues with housing choice voucher moves.

If you feel you are being denied your right to transfer your voucher or have trouble with a landlord, you may reach out to the Justice of the Peace Court or your local housing authority for assistance.

Action Steps: Moving with a Housing Choice Voucher

• Check your current lease to see if you must give notice (typically 30 or 60 days).
• Contact your current PHA (contact details here) and state you intend to move.
• Complete the official Portability Request Packet and submit it to your PHA.
• Wait for confirmation and instructions from both the sending and receiving PHAs.
• Work with your new PHA to locate approved housing, complete inspection, and sign a new lease.
• Do not move until you have received final approval from both agencies.

This process helps ensure you don't lose your rental assistance during the move.

Frequently Asked Questions

1. Can I use my Delaware voucher to move to any county in the state?
   Yes, Delaware's Housing Choice Voucher program is portable. As long as you follow the proper process, you can use your voucher in any county within the state. Always notify your PHA first.
2. What paperwork do I need to transfer my voucher?
   You will need to fill out a Portability Request Packet and work with both your current and new county's housing authorities. Always use the latest form from the Delaware State Housing Authority.
3. How long does portability take in Delaware?
   The process can take several weeks to a few months, depending on paperwork, lease end dates, and the new unit passing inspection. Plan ahead to avoid gaps in your assistance.
4. What if my new landlord refuses to accept vouchers?
   Landlords in Delaware are generally allowed to choose whether to participate in the voucher program. Ask the PHA for help locating voucher-friendly properties.
5. Who do I contact if my portability request is denied?
   You can request a hearing with your PHA or contact the Justice of the Peace Court for guidance on your rights.

Conclusion: Key Takeaways for Delaware Renters

• You have the right to move your Housing Choice Voucher within Delaware if you follow the correct steps.
• Always use the official Portability Request Packet and communicate with both your current and future county's PHA.
• Delaware law and the Justice of the Peace Court provide protections if you face issues during the process.

Planning ahead and following official procedures will help make your move successful and stress-free.

Need Help? Resources for Renters

• Delaware State Housing Authority – Main resource for vouchers, forms, and eligibility
• Justice of the Peace Court – Handles landlord-tenant issues and disputes
• Delaware Residential Landlord-Tenant Code – Review your legal rights as a tenant
• HUD Delaware Resources – Federal program information and housing guidance

---

1. HUD Housing Choice Voucher Program Overview
2. Portability Request Packet – Delaware State Housing Authority
3. Delaware Residential Landlord-Tenant Code
4. Justice of the Peace Court – Landlord-Tenant Disputes

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations