HUD HCV Guidebook § 3.5.3

Exception Payment Standards That Require HUD Approval (HUD HCV Guidebook)

HUD guidance — not codified law
In Force
Verified 11/9/2026 · Next check 11/16/2026
effective 9/25/2026FederalSection 8 HCV

Operative Text

HUD HCV Guidebook § 3.5.3
Most PHAs will find that the simplified exception payment standard process described above for greater than
110 and up to 120 percent of the applicable FMR, or exception payment standards based on the SAFMR,
generally helps ensure its payment standards are competitive in the rental market. However, there may be
some circumstances where the simplified exception payment standard process does not meet the PHA needs.
Examples of these circumstances include:
          •   Situations where PHAs do not meet the criteria to receive an exception payment standard of up to
              120 percent as described in Section 3.5.2 above and determine the applicable FMR is not in line
              with local rental market demands or
          •   Situations where 120 percent of the applicable FMR is still not high enough to reflect the local
              rental market demands
PHAs may request approval from HUD to establish an exception payment standard amount that exceeds the
basic range of the applicable FMR.57 The request must be submitted to HUD in accordance with Notice PIH
2024-34.
The PHA’s request must be for an exception area within the applicable FMR area or for the entire FMR area.58
The information required to be submitted is different for each type of request.
          •   Exception Area Requests - To request approval for an exception payment standard that applies to
              an exception area, the PHA must identify the exception area in its request and provide to HUD the

53
   24 CFR 983.301(b) and (f)(3)(i); see also additional rent limitations at 24 CFR 983.304-983.305
54
   24 CFR 983.301(f)(3)(ii)
55
   24 CFR 983.301(b); see also additional rent limitations at 24 CFR 983.304-983.305
56
   For tax credit units that meet the criteria of 24 CFR 983.301(c)(1), including the criterion that the tax credit
rent exceeds the applicable FMR or any exception payment standard, the maximum rent is the lowest of (i) An
amount determined by the PHA in accordance with the Administrative Plan, not to exceed the tax credit rent
minus any utility allowance; (ii) The reasonable rent; or (iii) The rent requested by the owner. See also
additional rent limitations at 24 CFR 983.304-983.305.
57
     24 CFR 982.503(d)(4)
58
     24 CFR 982.503(d)(1)

rental market data demonstrating that the requested exception payment standard amount is
            needed for families to access rental units. The rental market data must include a rent estimate
            for the applicable FMR area compared with a rent estimate for the proposed exception area (e.g.
            census tract, census tract block group, county, etc.). As an example, a PHA in a mandatory SAFMR
            area would submit a rent estimate for the exception area, which must be a smaller geography than
            the applicable FMR area (ZIP Code). Typically, for mandatory SAFMR PHAs, the exception area
            would be a census tract but could be a different geography so long as it is no smaller than a
            census tract block group. The PHA would also submit a corresponding rent estimate for the
            applicable FMR area (ZIP Code).
            For all exception area requests, the rent estimate must consist of a standard metric, such as an
            average or median rent, measured across a representative portion of the rental market by a
            reputable source. The rent estimates must include the two years preceding the current FMR year.
            For example, in FY 2025, the rent estimates should be for 2023 and 2024.
        •   Entire FMR Area Requests - A PHA may determine that they want to request an exception payment
            standard for the entire FMR area. For example, a PHA in a mandatory SAFMR area may want to
            request an exception payment standard for an entire ZIP Code. As another example, a PHA in a
            non-metropolitan county may want to request an exception payment standard for the entire
            county. PHAs requesting exception payment standards for an FMR area must submit estimates of
            the typical rent paid in the FMR area. The rent estimate must consist of a standard metric, such
            as an average or median rent, measured across a representative portion of the rental market by a
            reputable source. The rent estimates must include the two years preceding the current FMR year.
            The PHA must provide data that demonstrates the annual percentage of inflation change for the
            entire FMR area is greater than the rental inflation adjustment factor in the published FMR. For
            example, in FY 2025, the rent estimates should be for 2023 and 2024, with the annual
            percentage of inflation change reflecting the percentage increase from 2023 to 2024. HUD
            currently publishes the rental inflation factor on the HUD user webpage.59
            Please note that the exception payment standard process for an entire FMR area is different than
            a reevaluation of HUD’s determination of FMRs. That process is discussed further in Section 7 of
            this chapter.
Source: Legislative text reproduced verbatim
Plain English

HUD Housing Choice Voucher Guidebook § 3.5.3 establishes a process by which Public Housing Authorities (PHAs) can seek HUD approval for exception payment standards that go beyond the basic Fair Market Rent (FMR) range — including beyond the 120 percent threshold available through the simplified process. A PHA may request this higher exception either for a defined sub-area within an FMR area or for the entire FMR area, but each type of request carries distinct data submission requirements. In both cases, the PHA must supply rental market data from a reputable source covering the two years preceding the current FMR year, demonstrating that local rents justify the higher payment standard.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 26, 2026

Plain English — not legal advice.

For Property Managers

Under § 3.5.3, PHAs that administer Housing Choice Vouchers in high-cost markets may obtain HUD-approved payment standards above the standard FMR range, which can affect the maximum subsidy available for units in those areas. Operators who own or manage units in markets where a PHA has pursued or obtained such an exception may find that voucher payment standards more closely reflect prevailing local rents. Staying informed about whether the local PHA has submitted or received approval for an exception payment standard under Notice PIH 2024-34 can help property managers understand the subsidy levels applicable to prospective voucher-holding tenants.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section § 3.5.3 of the HUD Housing Choice Voucher Guidebook governs a process that can directly affect how much rental assistance a voucher covers in high-cost areas, since a higher approved payment standard may expand the range of units a voucher holder can realistically afford. Tenants who believe their local PHA's payment standard is too low to access housing in their area may wish to contact their PHA to ask whether an exception payment standard request has been or could be submitted to HUD under this provision. Tenant-rights organizations and local housing advocacy groups can help voucher holders understand how payment standards in their area are set and what avenues exist for raising concerns with the PHA or HUD.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Sep 25, 2026
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

No inbound references recorded yet for this provision.

Related Rules

§ 888.113
§ 888.113 Fair market rents for existing housing: Methodology.
§ 888.115
§ 888.115 Fair market rents for existing housing: Manner of publication.
§ 0770-01-05-.05
CONFLICT OF INTEREST.

Source Information

Snapshot SHA:
Fetched:Sep 25, 2026, 01:03 PM UTC