HUD PIH Notice § 2025-12
Revised Guidance for Reasonable Accommodation Exception Payment Standards for the Housing Choice Voucher Program (HUD PIH Notices)
Operative Text
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superseded, or rescinded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
PIH Notice 2025-12 updates the federal rules governing how Housing Choice Voucher (HCV) program participants with disabilities can request an exception payment standard (RA EPS) when the standard subsidy limit is too low to secure a unit that meets their disability-related needs. Under this notice, Public Housing Agencies (PHAs) may approve RA EPS requests up to 120 percent of the applicable Fair Market Rent without HUD involvement, while requests exceeding that threshold require HUD Headquarters approval. Notably, the notice removes a prior requirement—previously found in PIH Notice 2013-18—that families receiving an RA EPS pay at least 40 percent of adjusted income toward gross rent at initial approval, a change driven by the Housing Opportunity through Modernization Act (HOTMA).
Plain English — not legal advice.
PIH Notice 2025-12 does not directly regulate private landlords, but property owners who rent to HCV participants should understand that a tenant's voucher may carry an exception payment standard higher than the standard local limit if the tenant has a documented disability-related need for the unit's specific features or location. Compliant HCV landlords generally submit a Request for Tenancy Approval (RTA) for the specific unit and cooperate with the PHA's rent reasonableness determination under 24 CFR 982.507, which for accessible or specially located units considers comparable unassisted units with the same features. Landlords should be aware that the RA EPS takes effect no earlier than the date of PHA or HUD approval, so timing of lease execution relative to that approval date matters for subsidy calculations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under PIH Notice 2025-12, HCV participants with disabilities have the right to request an exception payment standard as a reasonable accommodation when the standard payment limit prevents them from securing a unit that meets a disability-related need—such as accessibility features, proximity to medical providers, or accessible transportation. Importantly, this notice clarifies that families are no longer required to pay 40 percent of adjusted income toward gross rent as a condition of receiving an RA EPS at initial approval, a protection rooted in HOTMA Section 102(d)(1). Tenants who believe a request was improperly denied may explore options such as raising the denial as a fair housing concern, contacting their local HUD Field Office as directed in Section 9 of the notice, or reaching out to a tenant-rights or disability-rights organization for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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