MTW Expansion Training

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Program Requirements that Cannot be Waived Under MTW

The MTW demonstration program only permits waivers to the requirements of the 1937 Act and its implementing regulations. Unless explicitly waived through MTW, MTW agencies must comply with all of the same federal, state, and local requirements they would have had to comply with without an MTW designation.

Here are some key requirements to keep in mind when planning MTW activities:

  • HUD cannot waive the five MTW statutory requirements. If an approved MTW activity is found to conflict with any of the five MTW statutory requirements or other applicable requirements, HUD may require the MTW agency to discontinue the activity or to revise the activity to comply with those requirements.
  • MTW agencies must comply with all requirements of the 1937 Act that are not explicitly waived.
  • MTW agencies remain subject to the terms of any non-1937 Act requirement that conflicts or is inconsistent with an MTW activity.
  • HUD may not waive, or deviate from compliance with statutes, regulations, or requirements that derive from other authorities.

Although contained in the 1937 Housing Act as codified in Title 42 of the U.S. Code, the following requirements cannot be waived for MTW Expansion agencies:

  • Labor standards, other than housing assisted solely due to occupancy by families receiving tenant-based assistance (section 12; Title 42 U.S.C. 1437j – Labor standards and community service requirements)
  • The definition of low-income (section 3(b)(2); Title 42 U.S.C. 1437a.(b)(2) – Rental payments)
  • Demolition and disposition requirements (section 18; §1437p – Demolition and disposition of public housing)
  • Portability in the Tenant-Based Voucher Program (Title 42 U.S.C. 1437f(r) – Portability) [This may only be waived through an evaluation by HUD]

The MTW Supplement to the Annual PHA Plan will require a certification signed by either the Chair or Secretary of the MTW agency’s Board affirming that the agency is in compliance with laws outside of the 1937 Act.

 

 
Some Key Requirements that Cannot be Waived Under MTW

MTW agencies are required to follow any requirement/law that is outside the 1937 Act and its implementing regulations, including, but not limited to:

  • Fair Housing Act, implemented at 24 CFR 100
  • Affirmatively Furthering Fair Housing, including taking meaningful actions to further the goals identified in the Assessment of Fair Housing (AFH), implemented at 24 CFR  200
  • Title VI of the Civil Rights Act of 1964, implemented at 24 CFR 1
  • Section 504 of the Rehabilitation Act of 1973, implemented at 24 CFR parts 8 and 9
  • Title II of the Americans with Disabilities Act of 1990, implemented at 28 CFR part 35
  • Architectural Barriers Act of 1968, implemented at 24 CFR 570.614
  • Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped, implemented at 24 CFR 41
  • Executive Order 13166: Improving Access to Services for Persons with Limited English Proficiency, implemented at 3 CFR 13166
  • HUD’s Equal Access Rule, implemented at 24 CFR 5.105(a)(2)
  • Age Discrimination Act of 1975, implemented at 24 CFR 146
  • Nondiscrimination and Equal Opportunity – Affirmative action to award contracts to minority and women's business enterprises, implemented at 24 CFR 5.105(a)
  • Title IX of the Education Amendments Act of 1972, implemented at 20 CFR 1681
  • Public Housing Agency Plans, implemented at 24 CFR 903.7(o) and 24 CFR 903.15(d)
  • Section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Low-or Very-Low Income Persons, implemented at 24 CFR 135
  • Davis-Bacon Act and Contract Work Hours and Safety Standards Act, implemented at 29 CFR 5
  • Drug Free Workplace Requirements, implemented at 24 CFR, Subpart F
  • Protections for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, implemented at 24 CFR, Subpart L
  • New Restrictions on Lobbying, implemented at 24 CFR 87
  • Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs, implemented at 49 CFR 24
  • National Environmental Policy Act (NEPA) and other related authorities, implemented at 24 CFR  50 or 24 CFR 58, as applicable
  • Lead-Based Paint Poisoning Prevention Act, implemented at 24 CFR 35
  • Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, implemented at 2 CFR 200