HUD PIH Notice § 2025-12

                                 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
                                                 WASHINGTON, DC 20410-5000


OFFICE OF PUBLIC AND INDIAN HOUSING




Special Attention of:                                        Notice PIH 2025-12
Directors of HUD Regional and Field
Offices of Public Housing; Public Housing                    Issued: May 13, 2025
Agencies (PHAs) that Administer
the Housing Choice Voucher (HCV) Program                     Expires: Effective until amended,
                                                             superseded, or rescinded

                                                             Supersedes: PIH Notice 2013-18
                                                             Cross Reference(s):
                                                             PIH Notice 2014-25; PIH Notice 2024-34;
                                                             24 CFR 982.1; 24 CFR 982.503;
                                                             24 CFR 888.111


Subject: Revised Guidance for Reasonable Accommodation Exception Payment Standards
for the Housing Choice Voucher Program

1. Purpose

      This notice provides updated guidance and clarification related to reasonable
      accommodation requests for exception payment standards (RA EPS) in the Housing
      Choice Voucher (HCV) Program, superseding PIH Notice 2013-18: Revision for Requests
      for Exception Payment Standards for Persons with Disabilities as a Reasonable
      Accommodation. In addition, the Housing Opportunity through Modernization Act
      (HOTMA) Section 102(d)(1) prohibits HUD from establishing additional requirements
      regarding the amount of adjusted income a family requesting a RA EPS must pay toward
      rent. This notice clarifies removal of the requirement that a family receiving an RA EPS
      must pay 40 percent of their adjusted income toward the gross rent at initial approval. This
      notice also clarifies circumstances in which requests for an updated exception payment
      standard due to rent increases or changes in the family’s income should be submitted.

2. Background

      Public housing agencies (PHAs) have an obligation to make their HCV programs readily
      accessible to and useable by persons with disabilities. Section 504 of the Rehabilitation Act
      of 1973 the Americans with Disabilities Act (ADA) and the Fair Housing Act1 require PHAs
      to provide reasonable accommodations to rules, policies, practices, procedures, and services
      in order to enable an applicant or participant with a disability to have an equal opportunity to
      use and enjoy their housing unit, the common areas of a dwelling, housing related services
1
    See HUD/DOJ Joint Statement on Reasonable Accommodations under the Fair Housing Act
    and amenities, maintenance and administrative operations, and programs and activities
    conducted or sponsored by the PHA.

    PHAs are required to establish payment standards, which determine the maximum amount of
    subsidy an HCV family can receive to rent a unit.2 In general, payment standards must be
    within the basic range (from 90 percent up to 110 percent) of the published Fair Market
    Rents (FMR), or Small Area FMR (SAFMR), whichever the PHA is utilizing.3 See PIH
    Notice 2024-34 for detailed guidance on FMRs/SAFMRs.

    When a family needs a unit with specific features or a unit for another disability-related
    reason to accommodate a family member with a disability, and the family is unable to find a
    unit with those features or that otherwise meets the disability-related need within the
    established payment standard, the family may request an exception to the established
    payment standard as a reasonable accommodation. PHAs are required to evaluate each
    request on a case-by-case basis to ensure an RA EPS may be necessary, and that there is an
    identifiable relationship, or nexus, between the requested accommodation and the
    individual’s disability. An individual is not required to follow any formal procedures or use
    specific words or terminology. For example, an individual with disability may discuss a need
    for an accessible unit or a unit in a specific location. This reasonable accommodation is a
    critical tool in ensuring that persons with disabilities have equal access to participate in the
    HCV program.

    An explanation about the RA EPS must be included in the voucher briefing packet which is
    provided when a family is selected to participate in the HCV program4 as some households
    may not know that a higher exception payment standard is an option. Including this
    information in the information packet makes households aware of this option before
    beginning their housing search.

    PHAs review and approve RA EPS requests up to 120 percent of the FMR or SAFMR,
    whichever the PHA is utilizing in the area where the unit is located.5 For example, if the
    PHA is using SAFMR-based exception payment standards for certain areas of their
    jurisdiction, then the PHA uses the published SAFMR for RA EPS requests in those areas to
    determine the percentage the RA EPS is in relation to the FMR/SAFMR.

    RA EPS requests greater than 120 percent of the FMR/SAFMR must be reviewed and
    approved by HUD.6 PHAs are allowed a period of 90 days from the effective date of the
    HUD-published7 FMRs/SAFMRs to update their payment standard schedules to be within
    the basic range (90-110 percent of the FMR/SAFMR). However, the RA EPS is not based on
    the PHA’s regular payment standard schedule. What matters is the percentage of the EPS to
    the FMR/SAFMR, to determine whether HUD approval is required. Therefore, when
2
  24 CFR 982.503(a)(2)
3
  24 CFR 982.503(c). Note that there are a variety of regulatory options for PHAs to adopt a payment standard
higher than 110% of the FMR or SAFMR.
4
  24 CFR 982.301(b)(10)
5
  24 CFR 982.503(d)(5)
6
  24 CFR 982.503(d)(5)
7
  Fair Market Rents | HUD USER and Small Area Fair Market Rents | HUD USER

                                                         2
       evaluating an RA EPS, PHAs are to use the current published FMR/SAFMR to determine if
       HUD approval is required, even when the PHA’s updated payment standard schedule is not
       yet in effect. Prior to submitting the request to HUD, PHAs should have adequately
       reviewed the request in accordance with the guidance in Section 3 of this notice. Section 4 of
       this notice describes how to submit these requests to HUD.

3. RA EPS Review Process

       This section provides guidance on how to review RA EPS requests. PHAs must have a
       process in place to review RA EPS requests, in accordance with program regulations at Title
       24 Code of Federal Regulations (CFR) 982.503 and in accordance with their obligations
       under federal fair housing and civil rights authorities.

           A. Determine Disability-related need for an EPS

           For an RA EPS, there must be a disability-related need for a particular unit (which may
           include location) where the gross rent is above the PHA’s payment standard for that unit
           size. If the disability and/or disability-related need is obvious, readily apparent or already
           known, the PHA cannot request additional information about the individual’s disability or
           disability-related need. In some circumstances, an individual with a disability may have
           already provided information verifying their disability with tenant-provided documents
           (e.g., Veteran Disability Benefits letter, Supplemental Security Income award letter,
           Social Security Disability Insurance award letter or SSDI monthly statements).

           If the disability-related need for the particular unit is not obvious, readily apparent or
           known, the PHA may only request information necessary to evaluate the disability-
           related need for the unit.8 An individual may provide documentation from a doctor or
           other medical professional, a peer support group, a non-medical service agency, or a
           qualified third party who is in a position to know about the individual’s disability and the
           need for the accommodation. This documentation does not need to be current, as long as
           the information provided is still relevant. Persons with disabilities typically have the
           most accurate knowledge about the functional limitations posed by their disability.

           The PHA must confirm that there is a nexus between the disability and the
           accommodation requested. To preserve the individual’s privacy to the greatest extent
           possible, the PHA should not inquire about the nature or severity of any disability. The
           PHA must seek the least amount of information needed to confirm that the requester is an
           individual with a disability and that there is a nexus between the disability and the
           accommodation requested (see next section).

           As a best practice, documentation should be dated and include the following general
           information:

                   The individual’s name
                   The type of reasonable accommodation sought; with a nexus between the disability

8   24 CFR 8.4, 8.20, 8.33.

                                                     3
                  and the specific features of a unit, building, location, etc. needed to meet their
                  disability-related need

          Examples of circumstances that may qualify for an RA EPS include, but are not limited
          to:
               Accessibility features such as accessible bathrooms or larger doorways
               Access to ground-level units or elevators for wheelchair/mobility devices
               Units with features to benefit individuals with hearing or visual impairments
               Proximity to medical providers or other services/supports
               Accessible parking on the premises
               Accessible to essential services or daily life activities
               Proximity to public transit or to other accessible transportation
               Location with sidewalks for individuals who use wheelchairs/mobility devices

      B. Determine Rent Reasonableness and Process Approval

          Once a disability-related need has been established for the RA EPS, the PHA must
          determine that the rent is reasonable in comparison to other comparable unassisted units.
          For a family that requires an accessible unit, a unit in close proximity to medical services,
          or a particular unit due to another disability-related reason, the accessible features,
          location, or other particulars of the unit must be considered in determining rent
          reasonableness in accordance with 24 CFR 982.507 (e.g., an unassisted unit with the
          same accessible features, location, etc.).

          PHAs may approve RA EPS requests up to 120 percent of the FMR/SAFMR without
          HUD approval. RA EPS requests that are greater than 120 percent must be approved by
          HUD. See Section 4 of this notice for documentation requirements.

          The RA EPS is effective no earlier than the date of the PHA or HUD’s approval,
          whichever is applicable.

4. Requirements for Submission of Exception Payment Standard Requests to HUD

      If a PHA determines that an exception payment standard higher than 120 percent of the
      FMR/SAFMR for the unit size may be necessary as a reasonable accommodation, the PHA
      must submit a request to the appropriate HUD field office;9 the field office reviews for
      completeness and then forwards the RA EPS request to the appropriate program office at
      HUD Headquarters for approval. The PHA must provide the following information in the
      request:
           A. The head of household’s first and last name.
           B. Whether the family is an applicant or participant family.
           C. The address of the unit requested for the RA EPS. The family must have submitted a
              Request for Tenancy Approval (RTA) for a specific unit to the PHA; however, the

9
    24 CFR 982.503(d)(5)

                                                     4
           RTA does not need to be included in the request to HUD.
        D. Number of household members, including live-in aide(s).
        E. Family unit size (voucher size) the family is issued under the PHA’s subsidy
           standards or any exception to those standards granted through a reasonable
           accommodation request. Note: HUD will not approve RA EPS requests where the
           voucher size is smaller than the unit size. PHAs must provide a larger subsidy
           standard that may be necessary as a reasonable accommodation.10 PHAs do not need
           HUD approval to grant an exception to their subsidy standards and must make that
           determination prior to submitting an RA EPS request to HUD.11
        F. The FMR or SAFMR (whichever the PHA is using in the area where the unit is
           located) for the actual unit size.
        G. Rent to owner and utility allowance for the unit.
        H. The family’s monthly adjusted income.
        I. A description of the nexus between the disability related needs of the family and the
           features of the unit, which can include accessibility, proximity to medical providers or
           support services, proximity to a caregiver or other support networks, etc. If the
           disability-related need is known, obvious, or readily apparent, the PHA must include
           a statement to that effect and therefore third-party documentation is not required.
           When either the disability or the need for the requested accommodation is not known
           or readily apparent, a statement from a qualified third party who is in a position to
           know about the individual's disability regarding the need for the reasonable
           accommodation. Statements from a qualified third party should assist in identifying a
           nexus between the family’s disability-related need for a specific unit or location, etc.
        J. A statement from the PHA that the unit meets the needs of the person with disabilities
           as noted in the statement from the qualified third party in cases where such statement
           is necessary.
        K. A statement from the PHA that there is a lack of more affordable units that meet the
           family’s disability-related needs.
        L. The calculation for the exception payment standard request (see Appendix A for
           examples).
        M. A statement from the PHA that it has determined that the rent for the unit is
           reasonable in accordance with 24 CFR 982.507.

5. Special Housing Types

     PHAs are required to permit the use of any special housing types such as shared housing if it
     may be necessary as a reasonable accommodation so that the program is readily accessible
     and usable by persons with disabilities.12 Refer to HUD’s HCV Guidebook Chapter on

10
   PHAs must make an exception to their subsidy standards as a reasonable accommodation that may be necessary as
a reasonable accommodation when the unit meets the disability related needs of the family. In some cases, the
reason that a higher bedroom size is needed is that the features necessary to meet the accommodation are not
available in the family’s current voucher size.
11
   24 CFR 982.402(b)(8)
12
   24 CFR 982.601(b)(3)

                                                       5
     Special Housing Types for further information on how to calculate the payment standard for
     special housing types.13

     For shared housing, the threshold for requiring HUD approval of an RA EPS is based on the
     FMR of the voucher size approved for the family. The pro-rata calculation required for
     shared housing only applies to the payment standard and utility allowance. The pro-rata
     calculation should not be applied to the FMR. The payment standard for a family that resides
     in shared housing is the lower of: (1) the payment standard amount on the PHA payment
     standard schedule for the family unit size; or (2) the pro-rata portion of the payment standard
     amount on the PHA payment standard schedule for the size of the shared housing unit.14 See
     Appendix A for an example of the shared housing calculation.

6. Calculation of the RA EPS

     At the time the PHA approves a tenancy for initial occupancy of a dwelling unit by a family
     with tenant-based assistance under the program, and where the gross rent of the unit exceeds
     the applicable payment standard for the family, the family share must not exceed 40 percent
     of the family's adjusted monthly income.15 In its rent calculation for RA EPS, the PHA may
     establish the exception payment standard up to the gross rent for the unit, resulting in a
     family share of no more than the Total Tenant Payment (TTP), typically 30 percent of the
     family’s adjusted monthly income, up to no higher than 40 percent of the family's adjusted
     monthly income. Please see Appendix A for multiple examples of the RA EPS calculation.

7. RA EPS Denials16

     A PHA or HUD may deny a request for an RA EPS if the request was not made by or on
     behalf of a person with a disability or if there is no nexus between the disability-related need
     and the requested accommodation. In addition, HUD may deny a request for an RA EPS if it
     would impose an undue financial and administrative burden or it would fundamentally alter
     the program. The determination of undue financial and administrative burden must be made
     by the PHA on a case-by-case basis involving various factors, such as the cost of the
     requested accommodation, the financial resources of the PHA, the benefits that the
     accommodation would provide to the individual with the disability, and the availability of
     alternative accommodations that would effectively meet the individual's disability-related
     needs.

     When a PHA denies an RA EPS due to the reasons stated above, the PHA should discuss
     with the family whether there is an alternative accommodation that would effectively address
     the family's disability-related needs. If an alternative accommodation would effectively meet
     the family's disability-related needs and is reasonable, the provider must grant it. An
     interactive process in which the PHA and the family discuss the family's disability-related

13
   Special Housing Types Updated July 2020
14
   24 CFR 982.617(c)
15
   24 CFR 982.305(a)(5)
16
   See e.g., DOJ/HUD Joint Statement on Reasonable Accommodations under the Fair Housing Act. PHAs are also
subject to Section 504 of the Rehabilitation Act, title II of the ADA, and their implementing regulations.

                                                     6
   need for the requested accommodation and possible alternative accommodations is helpful to
   all concerned, because it often results in an effective accommodation for the family that does
   not pose an undue financial and administrative burden for the PHA.

8. Subsequent Requests For a Previously Approved RA EPS

   The RA EPS for the specific dollar amount approved by the PHA or HUD remains in effect
   as long as the family has a disability-related need for the features of the approved unit, and
   the rent remains reasonable. Requests for a higher RA EPS for the same unit due to rent
   increases or changes in the family’s income should only be submitted to HUD when the rent
   is no longer affordable to the family, typically (though not exclusively) when the family
   share exceeds 40 percent of adjusted monthly income, and if the higher EPS is above 120
   percent of the FMR/SAFMR in effect at the time the PHA determines that the higher EPS is
   necessary. PHAs are reminded that increases in rent must be in accordance with state and/or
   local laws, and the rent must be determined to be reasonable. Subsequent requests for a
   previously approved RA EPS for the same unit must include any documentation
   requirements under Section 4 of this notice which have changed since the previous request.

9. Information Contact: Inquiries about this notice should be directed to the staff in your local
   HUD Field Office.

10. Effective Date. This notice is effective upon publication.

11. Paperwork Reduction Act. The information collection requirements contained in this letter
    have been approved by the Office of Management and Budget (OMB) under the Paperwork
    Reduction Act (PRA) of 1995 (44 U.S.C 3520). In accordance with the PRA, HUD may not
    conduct or sponsor, and a person is not required to respond to, a collection of information
    unless the collection displays a currently valid OMB control number. The following active
    information collections contained in this Notice have been approved under the PRA - OMB
    Control Number 2577-0083.




                                             _______________________________________

                                             Benjamin Hobbs
                                             Principal Deputy Assistant Secretary
                                             Public and Indian Housing




                                                7
Appendix A: Sample RA EPS Calculations to be Submitted to HUD

Example 1: RA EPS calculation using TTP as the Family Share
 FMR/SAFMR for unit size                                                $ 1,137
 Family's monthly adjusted income                                       $ 2,500
 Total Tenant Payment                                                   $     750
 Contract rent                                                          $ 1,400
 Utility allowance                                                      $     210
 Gross Rent                                                             $ 1,610
 RA EPS Request Amount                                                  $ 1,610
 RA EPS Request Percentage of FMR/SAFMR (RA EPS ÷ FMR)                      142%
In this example, the RA EPS exceeds 120 percent of the FMR/SAFMR, therefore HUD
approval is required.

Example 2: RA EPS calculation using 40 percent of Adjusted Monthly Income as the
Family Share
 FMR/SAFMR for unit size                                               $ 1,137
 Family's monthly adjusted income                                      $     2500
 Total Tenant Payment                                                  $      750
 40 percent of Adjusted Monthly Income                                 $ 1,000
 Difference between 30 percent and 40 percent                          $     250
 Contract rent                                                         $ 1,400
 Utility allowance                                                     $      210
 Gross Rent                                                            $ 1,610
 Gross Rent minus Difference between 30 and 40 percent                 $ 1,360
 RA EPS Request Amount                                                 $ 1,360
 RA EPS Request Percentage of FMR/SAFMR (RA EPS ÷ FMR)                      120%
In this example, the RA EPS does not exceed 120 percent of the FMR/SAFMR, so HUD
approval is not required.




                                            8
Example 3: RA EPS calculation for Shared Housing using TTP as the Family Share
In the example, this is a one-person household with a one-bedroom voucher looking to rent a
bedroom in a two-bedroom unit. The payment standard is $1,063 for a one bedroom and $1,676
for a two-bedroom.
 FMR/SAFMR for 1-bedroom unit size*                                         $    900
 Family's monthly adjusted income                                           $    500
 Total Tenant Payment                                                       $    150
 Pro-rata ratio – 1 divided by 2 (number of bedrooms rented by                    0.5
 the assisted family divided by number of bedrooms in the unit)
 Family voucher size payment standard – 1 BR                                $ 1,063
 Pro-rata share of the PHA payment standard (PS) for the shared             $    838
 housing unit – 2 BR (1,676 PS x 0.5 (pro-rata share))
 Contract rent                                                              $ 1,100
 Utility allowance (UA x pro rata share)                                    $      27
 Gross Rent                                                                 $ 1,127
 RA EPS Request Amount                                                      $ 1,127
 RA EPS Request Percentage of FMR/SAFMR (RA EPS ÷ FMR)                         125%
* For shared housing, the FMR should be based on the family’s voucher size




                                                       9