HUD PIH Updates Guidance for Reasonable Accommodation Exception Payment Standards

HUD’s Office of Public and Indian Housing (PIH) issued Notice PIH 2025-12 on May 13, revising guidance regarding requests for “reasonable accommodation” exception payment standards (RA EPS) by people with disabilities applying for or already participating in the Housing Choice Voucher (HCV) Program. Notably, Notice PIH 2025-12 removes a previous requirement that a household receiving an RA EPS pay 40% of their adjusted income toward the gross rent (contract rent plus utilities) when they are initially approved to receive an HCV with an RA EPS. Notice 2025-12 supersedes PIH Notice 2013-18. 

Further, the Notice clarifies that the RA EPS remains in effect as long as a household has a disability-related need for the features of an approved unit. Households that have been living in a unit with an RA EPS can request a higher RA EPS due to rent increases or changes in their household income if the rent is no longer affordable to them, typically when their share of the rent would be greater than 40% of their adjusted monthly income. In this case, a PHA would need to request HUD approval; HUD approval is also needed if the higher RA EPS is greater than 120% of the Fair Market Rent (FMR) or Small Area FMR (SAFMR). 

Background 

Public housing agencies (PHAs) have an obligation to make HCV programs readily accessible to and useable by people with disabilities. Section 504 of the “Rehabilitation Act of 1973,” the “Americans with Disabilities Act” (ADA), and the “Fair Housing Act” require PHAs to provide reasonable accommodations to rules, policies, practices, procedures, and services to afford an applicant or participant with a disability an equal opportunity to use and enjoy their housing unit, the common areas of a housing development, housing-related services and amenities, maintenance and administrative operations, and programs and activities conducted or sponsored by a PHA. 

The amount of the HCV subsidy for a household is capped at a “payment standard” set by a PHA, which must be between 90% and 110% of the FMR or SAFMR, whichever a PHA is using. FMRs are based on rents for a modest apartment in an entire metropolitan area (which can contain many counties). HUD sets FMRs annually. Small Area FMRs reflect rents for U.S. Postal ZIP Codes. The intent of SAFMRs is to provide voucher payment standards that are more in line with neighborhood-scale rental markets, resulting in relatively higher subsidies in neighborhoods with higher rents and greater opportunities, and lower subsidies in neighborhoods with lower rents and concentrations of voucher holders. 

When a household needs a unit with specific features or a unit for another disability-related reason (which may include location) to accommodate a household member with a disability, and the household is unable to find a unit with those features or that otherwise meet the disability-related need within the payment standard, the household may request an exception to the 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. Households are not required to follow any formal procedures or use specific words or terminology when requesting reasonable accommodation. An explanation about the RA EPS must be included in the voucher briefing packet provided when a household is selected to participate in the HCV program. 

The Notice Describes the RA Review Process 

PHAs review and approve RA EPS requests up to 120% of the FMR or SAFMR, whichever the PHA is using, without HUD approval. RA EPS requests greater than 120% of the FMR/SAFMR must be reviewed and approved, first by the HUD field office, and subsequently by HUD Headquarters.   

If a household disability is obvious, readily apparent, or already known, a PHA cannot request additional information about someone’s disability or disability-related needs. In some situations, someone with a disability might have already provided information verifying their disability with tenant-provided documents (e.g., Supplemental Security Income, SSI, award letter; Social Security Disability Insurance, SSDI, award letter; monthly statements; or Veteran Disability Benefits letter). If the disability-related need for a particular unit is not obvious, readily apparent, or known, a PHA may only request information necessary to evaluate the disability-related need for a unit. A person may provide documentation from a doctor or other medical professional, a peer support group, a non-medical service agency, or a qualified third party. A PHA should not ask someone about the severity of any disability.  

The Notice offers some example circumstances that may qualify for an RA EPS, including but not limited to:  

• Units with accessibility features such as accessible bathrooms or larger doorways
• Units on the ground level or with access to elevators if the person uses a wheelchair or mobility devices
• Units with features that benefit people with hearing or visual impairments
• Units close to medical providers or other services or supports
• Units with accessible parking on the premises
• Units close to essential services or daily life activities
• Units close to public transit or to other accessible transportation
• Units in a location with sidewalks for individuals who use wheelchairs or mobility devices  

Read PIH Notice 2025-12 at https://tinyurl.com/4cdcuf2p 

General information about the HCV program is on page 4-1 of NLIHC’s 2024 Advocates’ Guide.