MTW Expansion Training

15. Acquisition without Prior HUD Approval (PH)

The agency is authorized to acquire public housing sites without prior HUD approval.

Safe harbors marked with an asterisk (*) cannot be waived through either the Safe Harbor Waiver process or the Agency-Specific Waiver process.

Activity

15. Acquisition without Prior HUD Approval (PH)

The agency is authorized to acquire public housing sites without prior HUD approval. This activity allows MTW agencies flexibility around the timing of HUD’s approval, but not the content of the approval. When acquiring the sites, the agency must have all submission materials in place as if HUD were approving the acquisition proposal prior to acquisition. The agency must provide the materials to the Field Office for approval within 30 days of acquisition. If the Department is unable to approve the acquisition based on the materials submitted, then the agency must repay the cost of acquisition with non-federal funds.

Statutes and Regulations Waived

Acquisition without Prior HUD Approval (PH)

Certain provisions of 24 C.F.R. 905.608(a).

Safe Harbor(s) - 15.

  1. The agency must comply with and have documentation that the project is in compliance with local zoning as described in 24 C.F.R. 905.608(e).*
  2. The agency must commission an independent appraisal of the site as described in 24 C.F.R. 905.608(f).*
  3. Prior to acquisition, the agency must conduct an environmental assessment as described in 24 C.F.R. 905.608(h).*
  4. The agency must provide all required documents to HUD within 30 days of the acquisition.*