HUD HCV Guidebook § 6.1

Approval
If a payment standard higher than 120 percent of the FMR/SAFMR for the unit size is necessary as a
reasonable accommodation, the PHA must request HUD approval through its local HUD field office for an
exception payment standard for the unit.88 For HUD-VASH, PHAs may approve, on a case-by-case basis, a

85
   24 CFR 982.505(c)(6)
86
   24 CFR 982.503(d)(5)
87
   24 CFR 888.115(a)
88
   24 CFR § 982.503(d)(5)

reasonable accommodation exception payment standard up to 140 percent of the applicable FMR without
HUD notification or approval.89
When HUD’s approval is required, the PHA is required to provide the following documentation to HUD:90
       •    The head of household’s first and last name;
       •    Whether the family is an applicant or participant family;
       •    Address of the unit requested for the RA EPS. The family must have submitted a Request for
            Tenancy Approval for a specific unit;
       •    Number of household members including a live-in aide(s);
       •    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 if necessary as a reasonable accommodation.91 PHAs do not
            need HUD approval to grant an exception to its subsidy standards, and must make that
            determination prior to submitting a reasonable accommodation exception payment standard
            request to HUD;92
       •    The FMR or SAFMR (whichever the PHA is using in the area where the unit is located) for the actual
            unit size;
       •    Contract rent and utility allowance for the unit;
       •    The family’s monthly adjusted income;
       •    A description of the nexus between the features of the unit and the disability-related needs of the
            family. When either the disability or the need for the requested accommodation is not known or
            readily apparent, a statement 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 provide enough information to establish the nexus between the
            individual’s disability and the features of the unit. If the disability-related need is known or readily
            apparent, the PHA must include a statement to that effect and therefore third-party
            documentation is not required. Statements from a reliable third party that simply state a higher
            rent is needed without explaining the nexus is not acceptable justification;
       •    A statement from the PHA that the unit has the feature/s required to meet the needs of the person
            with disabilities as noted in the statement from the qualified third party in cases where such
            statement is necessary;
       •    A statement from the PHA that there is a lack of more affordable units that meet the family’s
            disability-related needs;
       •    The calculation for the exception payment standard request; and
       •    A statement from the PHA that it has determined that the rent for the unit is reasonable in
            accordance with 24 CFR 982.507.

89
   89 FR 65769 (August 13, 2024)
90
   Notice PIH 2025-12
91
   PHAs must make an exception to its subsidy standards as a reasonable accommodation if 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.
92
   24 CFR 982.402(b)(8)

PHAs have the regulatory flexibility to grant an exception to its established subsidy standards if the PHA
determines that the exception is justified by age, sex, health, handicap, or relationship of family members or
other personal circumstances.93 Therefore, when the PHA submits a request for an exception payment
standard above the 120 percent threshold, the bedroom size on the voucher issued by the PHA should be the
same size as the unit size which requires the exception payment standard. For example, if a PHA issues the
family a 2-bedroom voucher, the request for the exception standard must also be a 2-bedroom unit.
Conversely, if the PHA issued the family a 2-bedroom voucher and the request for an exception payment
standard as a reasonable accommodation is for a 3-bedroom voucher, the request will be denied because the
PHA has the flexibility it needs under the current regulatory structure to meet the family’s reasonable
accommodation needs.
For additional guidance on reasonable accommodation exception payment standards, see Notice PIH 2025-
12.