NLIHC Urges HUD to Pause MTW Implementation, Issues Summary of Final MTW Operations Notice

NLIHC sent a memorandum urging HUD to pause implementation of the Moving to Work (MTW) Demonstration expansion and consider NLIHC concerns with the final MTW Operations Notice. Separately, NLIHC has prepared a summary of the final Operations Notice, including all of the MTW Waivers in Appendix I of the notice.

The final Operations Notice was published on August 28, 2020 (see Memo, 8/31/20). NLIHC’s memorandum, sent on February 23, urges HUD to make changes based on NLIHC’s concerns that a number of the MTW regulatory waivers in the notice will harm residents. Several of the MTW Waivers, whether assigned to a specific evaluation cohort or to any MTW expansion public housing agency (PHA), can harm residents, leading to housing instability. In particular, waivers that allow MTW PHAs to increase rent burdens, impose work requirements, and limit the number of years a household can be assisted, can result in termination of assistance, eviction, and potentially homelessness. The memorandum summarizes 14 concerns and recommends corrections, followed by detailed descriptions of each. In addition to sending the memorandum to HUD officials, it was also sent to officials at the White House Domestic Policy Council (DPC) and the Office of Management and Budget (OMB). The National Housing Law Project also sent a memorandum to HUD, DPC, and OMB.

NLIHC has prepared two versions of a summary of the final Operations Notice. One version starts with the five sets of MTW Waivers most harmful to residents, while another version follows the order of MTW Waivers as presented in Appendix I of the Operations Notice. Each summary provides background of the MTW expansion, the three MTW statutory goals, and five MTW statutory requirements. The summaries are followed by a short overview of the Operations Notice touching on its key features and a summary of NLIHC’s concerns about four categories of waivers. A detailed presentation of key provisions highlights problems with the final Operations Notice’s compliance with the five statutory requirements, guidance regarding creating impact analyses, inadequate resident involvement in designing impact analyses, and inadequate guidance about hardship policies and informing residents about proposed hardship policies.

NLIHC’s memorandum is at:

NHLP’s memorandum is at:

NLIHC’s summary of the final Operations Notice starting with the five sets of waivers most harmful to residents is at:  

NLIHC’s summary of the final Operations Notice following Appendix I order is at:

More about MTW is on page 4-57 of NLIHC’s 2020 Advocates’ Guide.