What is the difference between statutory and regulatory waivers?
HUD cannot waive statutory requirements or regulatory requirements that are based on statutory requirements, with one exception-the Moving to Work Demonstration Program (MTW). Under MTW, HUD has the legislative authority to waive provisions of the U.S. Housing Act of 1937 for participating PHAs. Regulatory waivers of program requirements that are not explicitly stated in a statute, may only be granted by the Assistant Secretary for Public and Indian Housing (PIH) (or his designee), on a case-by-case basis, for good cause.
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