HUD HCV Guidebook § 3.5.4
Impact of HUD-Approved Exception Payment Standards on PBV Rent Determination (HUD HCV Guidebook)
Operative Text
Under no circumstances can the PHA establish an exception payment standard only for a specific PBV project. Exception payment standards must apply to a specific geographic area.60 For PBV projects that are located in a mandatory SAFMR area or are located in a ZIP Code where the PHA has opted in to the SAFMR, any exception payment standard amount approved under 24 CFR 982.503(d)(3)-(4) will apply to the PHA’s determination61 for the PBV project only if the PHA has adopted a policy applying SAFMRs to its PBV program and met all other requirements in accordance with 24 CFR 888.113(h).62 If the PHA has not applied the SAFMRs to its PBV program and met all other requirements in accordance with 24 CFR 888.113(h), 110 percent of the metropolitan area or non-metropolitan county FMR minus the utility 59 For FY 2025, the rental inflation adjustment factors can be found here under the “data” tab for the applicable year: https://www.huduser.gov/portal/datasets/fmr.html 60 24 CFR 982.503(d)(1) 61 24 CFR 983.301(b)(1) and 24 CFR 983.301(c)(1)(iv) 62 24 CFR 983.301(f)(3)(ii) allowance remains the applicable limit on the amount determined by the PHA when calculating rent to owner for the project,63 regardless of whether any exception payment standard is in effect under 24 CFR 982.503(d)(3)-(4). In either case, the rent must also meet the rent reasonableness and other requirements.64 For PBV projects that are not located in a mandatory SAFMR area or are not located in a ZIP Code where the PHA has opted in to the SAFMR, any exception payment standard amount approved under 24 CFR 982.503(d)(2)-(4) applies for purposes of establishing the maximum rent for the PBV project or determining if the project qualifies for a different maximum rent for certain tax credit projects.65 The amount of rent to owner determined by the PHA may not exceed the exception payment standard minus utility allowance, rather than the normally applicable 110 percent of FMR minus utility allowance limitation,66 and the rent reasonableness requirements continue to apply. However, certain tax credit projects that meet the criteria of 24 CFR 983.301(c)(1) may set the rent to owner above the exception payment standard (not to exceed the tax credit rent minus any utility allowance) if the tax credit rent exceeds the exception payment standard.67
Section 3.5.4 of the HUD Housing Choice Voucher Guidebook governs how HUD-approved exception payment standards interact with rent determinations for Project-Based Voucher (PBV) projects. A key rule is that exception payment standards must apply to a defined geographic area and can never be created solely for a single PBV project. Whether an exception payment standard affects the maximum rent a PHA may approve depends on whether the project is located in a Small Area Fair Market Rent (SAFMR) area and whether the PHA has formally adopted SAFMR policies for its PBV program; if those conditions are not met, a cap of 110 percent of the applicable Fair Market Rent minus the utility allowance continues to govern. In all cases, rent reasonableness requirements remain in effect, and certain tax credit projects may qualify for a higher rent ceiling under specific criteria.
Plain English — not legal advice.
Property owners with units in a PBV program should be aware that under HUD Housing Choice Voucher Guidebook § 3.5.4, the rent a PHA can approve is shaped by whether the project sits in a SAFMR area and whether the administering PHA has adopted SAFMR policies for its PBV program. Compliant operators generally confirm with the PHA which payment standard framework applies to their project's location before negotiating or renewing rents, since the applicable ceiling differs depending on those factors. Owners of tax credit properties should also verify whether their project meets the criteria under 24 CFR 983.301(c)(1), which can allow rents above the exception payment standard up to the tax credit rent minus any utility allowance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Project-Based Voucher housing benefit from the protections in HUD Housing Choice Voucher Guidebook § 3.5.4, which limits how much rent a PHA can approve for a PBV unit and ensures that rent reasonableness standards always apply regardless of any exception payment standard. If a tenant believes the rent approved for their unit exceeds the applicable cap—whether that is the exception payment standard or 110 percent of FMR, depending on the project's location and the PHA's SAFMR policies—they may raise this concern with the administering PHA or file a complaint with the U.S. Department of Housing and Urban Development. Tenant-rights organizations familiar with the voucher program can help explain which payment standard framework applies to a specific project and what options exist for challenging a potentially non-compliant rent determination.
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
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.