MTW Waivers

HUD has pre-approved more than 70 MTW Waivers permitting a range of activities in 17 categories. Those pre-approved MTW Waivers and MTW activities, which are provided in Appendix I of the MTW Operations Notice, can be found in the All Available Waivers section of this training.

MTW agencies may combine activities in order to create more comprehensive initiatives. MTW agencies may implement any MTW activity (or combination of activities) allowed under the MTW Waivers without any additional approvals as long as the:

  • Activities are included in an approved MTW Supplement to the PHA Plan; AND
  • MTW agency has updated the ACOP and/or Administrative Plan, as applicable, to be consistent with the MTW activities and related waivers; AND
  • Activities are implemented within the associated safe harbor(s).

The safe harbors that apply to MTW Waivers cover a wide range of topics. The table provides some examples.

Sample Types of Safe Harbor
Requirements for Pre-Qualified Housing Quality Standards (HQS)
Specifying requirements that continue to apply under the MTW Waiver HQS inspection standards must not be altered as found at 24 CFR 982.401.
Limiting the extent to which the new approach can alter existing requirements The participant must be able to request an interim inspection.
Providing additional clarity about limits to the flexibility The pre-inspection must have been conducted within 90 days of the participant occupying the unit.

You will learn more about two common safe harbors later in this training: 1) conducting an impact analysis (coming soon) and 2) implementing a hardship policy (coming soon).