HUD Publishes Guidance on Reasonable Accommodation Exception Payment Standards for the HCV Program
By: Tushar Gurjal, Senior Policy Manager
May 20, 2025 — On May 13, HUD published a notice titled “Revised Guidance for Reasonable Accommodation Exception Payment Standards for the Housing Choice Voucher Program” (Notice PIH 2025-12). The notice updates guidance related to reasonable accommodation requests for exception payment standards (RA EPS) in the Housing Choice Voucher (HCV) Program. The notice also clarifies that the requirement that a family receiving a RA EPS must pay 40 percent of their adjusted income toward the gross rent at initial approval. The notice is effective upon publication.
The notice notes that housing agencies may review and approve RA EPS requests up to 120% of the fair market rent (FMR) or small area FMR. For requests of RA EPS greater than 120% of the FMR or small area FMR, HUD must approve. To determine whether HUD is required to approve an RA EPS, the housing agency must determine the percentage of the FMR or small area FMR that meets the EPS. Housing agencies should look at the currently published FMRs even if they have not incorporated the changes into their payment standard schedule.
Housing agencies must have a process in place to review RA EPS requests. For a request, there must be a disability-related need for a particular unit where the gross rent is above the PHA’s payment standard. If a disability-related need is not obvious or known, the PHA may request enough information necessary to evaluate the disability-related need for the unit. The PHA must confirm that there’s a nexus between the disability and the accommodation request. Once the disability-related need has been established for the RA EPS, the PHA must determine that the rent is reasonable to other comparable units.
In instances where the exception payment standard is higher than 120% for the unit size, the PHA must submit a request to the HUD field office. The field office reviews it for completeness and then forwards the request to HUD Headquarters for approval. The notice details the information required for this request.
Housing agencies are required to permit the use of special housing types (e.g., share housing) if it is necessary as a reasonable accommodation. For shared housing, the threshold for HUD approval of an RA EPS is based on the FMR of the voucher size approved for the family. The pro-rata calculation only applies to the payment standard and the utility allowance. Additional details can be found in the notice.
When a PHA approves a tenancy for initial occupancy and the gross rent exceeds the applicable payment standard for the family, the total tenant payment (TTP) must not exceed 40% of the family’s adjusted monthly income. The notice details scenarios in which a PHA or HUD may deny a request for a RA EPS (e.g., there is no nexus between the disability-related need and the accommodation request). The RA EPS remains in effect for as long as the family has a disability-related need for the approved unit.
The full notice can be read here.