How North Dakota Renters Can Use Vouchers to Move Counties

Many renters in North Dakota rely on the Housing Choice Voucher Program (commonly called Section 8) for affordable, stable housing. If you have a voucher and need or want to move to another county, you’re not alone—many renters move for work, family, or better housing opportunities. North Dakota offers a process known as “portability,” allowing voucher holders to transfer their assistance between counties. Knowing the steps and having the right resources can make your move smoother and maintain your rental assistance during the transition.

Understanding Voucher Portability in North Dakota

“Portability” means you can transfer your Section 8 voucher from one area to another, even across county lines within North Dakota. The U.S. Department of Housing and Urban Development (HUD) requires all public housing agencies (PHAs) to offer this option as part of the Housing Choice Voucher Program.

Key Steps to Moving with Your Voucher

If you want to move to a different county with your voucher, there are a few essential steps you’ll need to follow:

• Contact your current Public Housing Agency (PHA): Inform them of your intent to move—they’ll explain the timing, paperwork, and any conditions (like giving your current landlord proper notice).
• Submit a Portability Request: Complete and submit the Portability Request Form to your current PHA. This formalizes your intent to move with your voucher.
  Find local PHA contact information.
• Wait for PHA Approval: Your current PHA will review and, if eligible, forward your voucher paperwork to the receiving PHA in your new county.
• Work with the Receiving PHA: The PHA in your new county will contact you to complete the necessary paperwork and go over next steps, such as briefing sessions and unit inspections.

The North Dakota Department of Commerce Division of Community Services supervises much of the state’s rental assistance administration. They provide guidance and program information for renters and landlords.

Relevant Forms for Portability

• Portability Request Form (No standard HUD number):
  • When and How to Use: File this with your current housing authority when you want to move to another county with your voucher. For example, if you're moving from Cass County to Burleigh County, submit the form to your current PHA representative. The agency will handle forwarding your request and documentation.
  • Download HUD’s Portability Guide for tenants
• Notice to Move Form (varies by PHA):
  • When and How to Use: Notify your current landlord and PHA in writing before moving. For example, to move out at the end of your lease, complete your local PHA’s notice form, typically 30 days in advance.
  • Learn more at the ND Community Services Housing Choice Voucher Program page

Navigating Deadlines and Rules

Every PHA may have slightly different policies for notice periods and documentation, so ask for precise requirements as soon as possible. Generally:

• Provide written notice to both your landlord and your PHA before leaving your current unit.
• Coordinate with both the sending and receiving PHAs to avoid gaps in housing.
• Your rent assistance will only continue if you follow all rules and deadlines set by both agencies.

Who Regulates Tenant and Landlord Issues in North Dakota?

In North Dakota, disputes and legal matters related to residential tenancies—including voucher issues—are generally handled by the North Dakota Courts System, especially at county courts known as district courts.

The main tenancy legislation is the North Dakota Century Code Chapter 47-16 (Landlord and Tenant Law)¹, which outlines the rights and responsibilities for renters and landlords statewide.

Important Considerations When Moving Counties

• Each PHA may have its own waiting lists or local eligibility policies. If you’re new to an area, check if there are additional steps or preferences.
• Make sure your new home meets HUD housing quality standards and passes any required inspections by the receiving PHA before moving in.
• If you have special circumstances (disability, urgent safety concerns, eviction risk), inform your PHA as you may be able to request an expedited process or special accommodation.

Moving with a voucher can be complex, but staying organized and communicating clearly with both PHAs helps ensure a smooth transition.

FAQ: Moving Vouchers in North Dakota

1. Can I move anywhere in North Dakota with my Section 8 voucher?
   Yes, if your voucher is active and you follow all required notice and paperwork steps, you can transfer ("port") your voucher to another county within North Dakota.
2. Do I need to give my current landlord notice before moving?
   Yes, you must notify your landlord in writing—usually 30 days in advance—according to the terms of your lease and PHA rules.
3. Is there a waiting period before my voucher works in the new county?
   Your new county PHA may have a brief processing period, but if all forms are complete and correct, you should not lose coverage during your move.
4. What if my new area has a higher rent than my previous unit?
   Your voucher amount may be adjusted based on local payment standards. The receiving PHA will explain your new rent portion.
5. Which court or agency handles voucher or landlord problems?
   Most disputes are handled by North Dakota’s county district courts. Contact your PHA first—they can guide you to appropriate dispute resolution or legal support.

Conclusion: Key Takeaways

• Section 8 vouchers in North Dakota are portable between counties, but you must follow notice and paperwork rules with both PHAs.
• Use official forms, keep records, and check with both your current and future housing authorities to avoid delays or interruptions to your housing assistance.
• North Dakota Century Code Chapter 47-16 is the main law protecting renters' rights and outlining landlord-tenant responsibilities.

Need Help? Resources for Renters

• North Dakota Dept. of Commerce – Affordable Housing Programs
• Find Your Local PHA Contacts (HUD Directory)
• North Dakota Courts System – Tenant-Landlord Information
• Legal Services of North Dakota (Free/low-cost legal help for eligible renters)

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1. North Dakota Century Code Chapter 47-16 (Landlord and Tenant)
2. HUD – Housing Choice Voucher Fact Sheet
3. ND Dept. of Commerce – Housing Choice Voucher Program

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