Moving to Work (MTW) Guidance on Obtaining Amendments and Waivers to MTW Agreements

Over the course of the demonstration program, an MTW Demonstration site may require changes to its original MTW agreement. In this case, an MTW site may request an amendment. In order for HUD to handle such requests in a timely and orderly manner, MTW sites are required to submit any such requests in accordance with the following guidelines:

Categories of Amendments

There are three basic categories of amendments to MTW Agreements. These are described below.

1) HUD determines that a change to the MTW program is necessary. An example would include a change to the MTW agreement to comply with a Fair Housing directive or consent decree.

2) The amendment is necessary to correct a financial disparity or to permit an agency to disengage from the demonstration. An example would include a “block granted” agency that wishes to return to the reimbursement formula for its Housing Choice Voucher Program.

3) An amendment is requested to permit an agency to modify its existing MTW program, either by changing the current program or by adding a new program component. An agency that wishes to add a new homeownership component to its MTW program is an example.

Procedural Instructions

To request an amendment to an MTW Agreement, the housing authority should submit a letter detailing the request to my attention, with a copy to your MTW Demonstration Coordinator. We advise MTW participants to keep the amendment(s) requests simple. For example, letters should not include multiple amendment requests, unless these amendments are closely linked or interdependent. Block grant agencies are instructed not to include amendment requests as part of their MTW Annual Plan or Report, as described in the attached letter.

If the PHA wishes to include the amended or new program component in its upcoming Annual Plan, the PHA should submit the request no later than 120 days prior to the start of the fiscal year.

Requirements for Justification of Request

The request must provide appropriate and detailed justification for any amendment, especially those requesting a modification of the MTW program (category three above). The request should fully describe how the amendment will:

- Permit the agency to serve more people; and/or

- Permit the agency to try new approaches; and/or

- Permit the agency to serve people more effectively; and/or

- Permit the agency to test ideas with broader applicability.

A request to modify an existing MTW program, either by changing the current program or by adding a new program component should provide information on the following:

- The broad policies to be affected by the modification or new program component;

- The timeline for implementation of the modification or new component;

- The scope of services to be implemented; and

- How the modification or new program component will be funded (if applicable).

Extension Requests

As we move further from the 1996 authorizing statute for the MTW Demonstration, HUD’s ability to waive statutes and approve amendments becomes less clear. In addition, the nature of a demonstration program is such that it should have a clear beginning and end. Thus, HUD believes that approving requests to extend the duration of a PHA’s participation in the demonstration is no longer practical. Please be advised that any extension request that has been submitted, or is being considered for submission to HUD, will not be approved.

An exception has been made, however, for PHAs with MTW Agreements that terminate within calendar year 2004. For these PHAs, HUD will approve requests to extend the term of a PHA’s participation in the demonstration for one year, provided that the PHA is in compliance with the terms of their Agreement.

Contact for More Information

Dominique Blom
202-708-0614, extension 4181
Email: Dominique_G._Blom@hud.gov