From the HUD Housing Voucher Guidebook: Chapter on Payment Standards
5.3 Higher Payment Standard as a Reasonable Accommodation
A PHA may, without HUD approval, establish an exception payment standard of up to and including 120 percent of the published FMR as a reasonable accommodation for a family that includes a person with a disability. Examples of circumstances that may qualify for an exception payment standard as a reasonable accommodation include, but are not limited to:
• Rental of a larger unit to accommodate special equipment or a live-in aide.
• Special features such as ADA complaint bathrooms.
• Proximity to medical or other services
5.3 Higher Payment Standard as a Reasonable Accommodation
PHAs have the regulatory flexibility to grant an exception to their 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
Section on Requests that Are Over 120% FMR
If the place you are trying to rent is more than 120% FMR the rules get more complicated:
5.3 Higher Payment Standard as a Reasonable Accommodation
If a payment standard higher than 120 percent of the FMR for the unit size is necessary as a reasonable accommodation, the PHA must19 request HUD Headquarters approval of an exception payment standard for the unit. When HUD’s approval is required, the PHA is required to provide the following documentation to HUD.
(Note: In this situation, there are specific type of documents the Housing Authority will be required to provide for HUD. Read more in the chapter on Payment Standards.)
(Also note: We have only heard from one reader who has tried this, and it is taking many months to get any kind of response or decision from HUD)
From the HUD Policy on Rent Reasonableness
2.3 Accessibility
For the family that requires an accessible unit, a unit in close proximity to medical services, or a particular unit because of another disability-related reason, the accessible features, location, or other particulars of the unit may justify a higher rent under the rent reasonableness provisions in 24 CFR § 982.507(b)(1).
For such families, the rent reasonableness determination must take those features into account. A PHA must permit a higher rent that may be necessary as a reasonable accommodation for persons with disabilities in accordance with Federal civil rights laws
From the HUD Notice on Revision for Requests for Exception Payment Standards for Persons with Disabilities as a Reasonable Accommodation
5. Application of Approved Exception Payment Standard. Exception payment standards must remain in effect until or unless a higher exception payment standard is warranted, requested, and subsequently approved.
How to Get On 