On May 13, 2025, HUD published notice, PIH Notice 2025-12, which provided updated guidance and clarification related to reasonable accommodation requests for exception payment standards (RA EPS) in the Housing Choice Voucher program.
The notice supersedes PIH Notice 2013-18 on this same topic. In addition, the Housing Opportunity Through Modernization Act (HOTMA) prohibits HUD from establishing additional requirements regarding the amount of adjusted income a family requesting an RA EPS must pay toward rent. As a result, the notice clarifies removal of the requirement that such a family must pay 40% of adjusted income toward the gross rent at initial approval.
The notice also has guidance on subsequent requests for previously approved RA EPS. Requests for a higher amount for the same unit due to rent increases or changes in the family income should only be submitted to the PHA when the rent is no longer affordable to the family, typically (though not exclusively) when the family share exceeds 40% of adjusted monthly income, and if the higher payment standard is above 120% of the fair market rent (FMR). The increased rent must be in accordance with state and local laws, and the rent must be determined to be reasonable.
This notice provides additional protection for households receiving assistance through the housing choice voucher program by ensuring that participants have access to reasonable accommodations. Reasonable Accommodations ensure that a person’s disabilities do not prevent them from accessing housing opportunities.
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. PHAs can review and approve rent increases related to reasonable accommodations up to 120% of FMR.
