MTW Expansion Training

9. Project-Based Voucher Program Flexibilities

The agency is authorized to adopt and implement the activities listed below in the project-based voucher program. For voucher activities, the Department has developed a standard rider to the HAP contract that reflects any MTW authorizations that amend the current requirements of the HAP contract.

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

Activity

9.a. Increase PBV Program Cap (HCV)

The agency may increase the number of authorized units that it project-bases.

Statutes and Regulations Waived

Increase PBV Program Cap (HCV)

Certain provisions of section 8(o)(13)(B) of the 1937 Act and 24 C.F.R. 983.6(a)-(b), as superseded by the Housing Opportunity through Modernization Act of 2016 (HOTMA) Implementation Notices at 82 FR 5458 and 82 FR 32461 (see implementation guidance in Notice PIH 2017-21).

Safe Harbor(s) - 9.a.

  1. The agency must not project-base more than 50% of the lower of either the total authorized units or annual budget authority.

Activity

9.b. Increase PBV Project Cap (HCV)

The agency may raise the PBV cap within a project up to 100%.

Statutes and Regulations Waived

Increase PBV Project Cap (HCV)

Certain provisions of section 8(o)(13)(D) of the 1937 Act and 24 C.F.R. 983.56(a)-(b), as superseded by HOTMA Implementation Notices at 82 FR 5458 and 82 FR 32461 (see implementation guidance in Notice PIH 2017-21).

Safe Harbor(s) - 9.b.

  1. The agency is subject to Notice PIH 2013-27 where applicable, or successor.*

Activity

9.c. Elimination of PBV Selection Process (HCV)

The agency may eliminate the selection process in the award of PBVs to properties owned by the agency that are not public housing without engaging in an initiative to improve, develop, or replace a public housing property or site.

Statutes and Regulations Waived

Elimination of PBV Selection Process (HCV)

Certain provisions of 24 C.F.R. 983.51 as it was superseded by HOTMA Implementation Notices at 82 FR 5458 and 82 FR 32461 (see implementation guidance in Notice PIH 2017-21).

Safe Harbor(s) - 9.c.

  1. A subsidy layering review must be conducted.*
  2. The agency must complete site selection requirements.*
  3. HQS inspections must be performed by an independent entity according to 24 C.F.R. 983.59(b) or 24 C.F.R. 983.103(f).*
  4. The agency is subject to Notice PIH 2013-27 where applicable, or successor.*
  5. Property must be owned by a single-asset entity of the agency, see Notice PIH 2017-21.*

Activity

9.d. Alternative PBV Selection Process (HCV)

The agency may establish an alternative competitive process in the award of PBVs that are owned by non-profit, for-profit housing entities, or by the agency that are not public housing.

Statutes and Regulations Waived

Alternative PBV Selection Process (HCV)

Certain provisions of 24 C.F.R. 983.51 as superseded by HOTMA Implementation Notices at 82 FR 5458 and 82 FR 32461 (see implementation guidance in Notice PIH 2017-21).

Safe Harbor(s) - 9.d.

  1. If the selected project is PHA-owned, HQS inspections must be performed by an independent entity according to 24 C.F.R. 983.59(b) or 24 C.F.R. 983.103(f).*
  2. The agency is subject to Notice PIH 2013-27 where applicable, or successor.*

Activity

9.e. Alternative PBV Unit Types (Shared Housing and Manufactured Housing) (HCV)

The agency may attach and pay PBV assistance for shared housing units and/or manufactured housing.

Statutes and Regulations Waived

Alternative PBV Unit Types (Shared Housing and Manufactured Housing) (HCV)

Certain provisions of 24 C.F.R. 983.53(a)(1) as it was superseded by HOTMA Implementation Notices at 82 FR 5458 and 82 FR 32461 (see implementation guidance in Notice PIH 2017-21).

Safe Harbor(s) - 9.e.

  1. PBV units must comply with HQS.*
  2. PBV units must comply deconcentration and desegregation requirements under 24 C.F.R. part 903.*
  3. A subsidy layering review must be conducted.*
  4. Shared housing units may not be owner occupied.*

Activity

9.f. Increase PBV HAP Contract Length (HCV)

The agency may increase the term length of a PBV HAP Contract.

Statutes and Regulations Waived

Increase PBV HAP Contract Length (HCV)

Certain provisions of section 8(o)(13)(F) of the 1937 Act and 24 C.F.R. 983.205 as it was superseded by HOTMA Implementation Notices at 82 FR 5458 and 82 FR 32461 (see implementation guidance in Notice PIH 2017-21).

Safe Harbor(s) - 9.f.

  1. PBV HAP Contract length must not be shortened.
  2. PBV HAP Contract length must not be greater than 50 years, including any extensions.
  3. PBV HAP Contract is subject to appropriations and the ending of an agency’s MTW authorization.*

Activity

9.g. Increase Rent to Owner (HCV)

The agency is authorized to develop a local process to determine the initial and re-determined rent to owner.

Statutes and Regulations Waived

Increase Rent to Owner (HCV)

See MTW Waiver #2.a. and 2.b. “Payment Standards” and associated activities, statutes and regulations waived, and safe harbors.

Safe Harbor(s) - 9.g.

  1. Any policy must comply with rent reasonableness, unless modified by waiver(s) 2.c. and/or 2.d.*

Activity

9.h. Limit Portability for PBV Units (HCV)

The agency is authorized to waive the requirement to provide a tenant-based voucher at 12 months when requested by a PBV household.

Statutes and Regulations Waived

Limit Portability for PBV Units (HCV)

Certain provisions of section 8(o)(13)(E) of 1937 Act and 24 C.F.R. 983.261 as it was superseded by HOTMA Implementation Notices at 82 FR 5458 and 82 FR 32461 (see implementation guidance in Notice PIH 2017-21).

Safe Harbor(s) - 9.h.

  1. Portability under this activity must not be restricted for more than 24 months.
  2. The agency must have a clear and uniform policy in place to address how move requests are received and how they are approved/denied for PBV households.*
  3. Participants must still retain the ability to request a tenant-based voucher for reasonable accommodation according to existing rules.*