Safe Harbor Waivers

When an MTW Waiver has safe harbors, the MTW agency must follow them in order to implement the MTW activities without additional HUD approval. But sometimes an established safe harbor may not fit within the MTW agency’s local needs or priorities.

If a safe harbor does not align with local priorities or market conditions, the MTW agency may be able to request permission from HUD to expand an activity outside of the listed safe harbor(s). This is referred to as a Safe Harbor Waiver.

Important: Some safe harbor requirements cannot be waived, including:

  • Impact analysis safe harbors.
  • Hardship policy safe harbors.
  • Any other safe harbor marked with an asterisk (*).

Steps for requesting a Safe Harbor Waiver are available in the MTW Operation Notice, and the MTW Supplement will provide more details on what is required.