If you cannot afford the minimum rent in your Public Housing unit or Housing Choice Voucher apartment, federal rules let you request a HUD hardship exemption for subsidized housing rent, and filing that request suspends your minimum rent the following month and blocks eviction for non-payment during a 90-day window while your housing agency reviews the claim. The exemption applies to both programs, and depending on how your agency classifies the hardship, the suspended rent may be forgiven entirely or repaid later under a reasonable plan.1eCFR. 24 CFR 5.630 – Minimum Rent
Situations That Qualify
Federal regulations list five circumstances that require your PHA to grant the exemption if you can show one of them is why you can’t pay:1eCFR. 24 CFR 5.630 – Minimum Rent
- You have lost eligibility for a federal, state, or local assistance program, or you are waiting on an eligibility determination. This category also covers certain lawful permanent residents excluded from public benefits under federal welfare reform rules.
- You would be evicted because you cannot pay the minimum rent.
- Your household income has dropped due to changed circumstances, including job loss.
- A family member has died and it has affected your household finances.
- Any other situation your PHA or HUD has identified in its written policy.
That last category is where local variation lives. Some agencies recognize domestic violence, natural disasters, or sudden medical emergencies through their own hardship policies even when the situation does not fit the first four boxes. If your circumstances are unusual, ask your PHA whether they fall under its local rules.
What Happens the Moment You File
Two protections start automatically once you submit the request, and neither depends on the PHA’s eventual decision.
Your minimum rent is suspended beginning the month after you file. The suspension does not begin the day of filing. If you turn in your request on March 15, April is the first month covered.1eCFR. 24 CFR 5.630 – Minimum Rent
The PHA also cannot evict you for non-payment of the minimum rent during a 90-day window that runs from the same starting point. That protection holds even if the agency ultimately denies your request, giving you time to receive a decision without losing your housing.1eCFR. 24 CFR 5.630 – Minimum Rent
One important boundary: the exemption covers only the minimum rent itself. If your total tenant payment includes rent above the minimum based on your income calculation, that portion is not suspended by a hardship exemption. To reduce the income-based portion, you need a different tool, discussed further down.
Temporary Hardship or Long-Term Hardship
Once the PHA agrees a qualifying hardship exists, it classifies the situation, and that classification decides whether you eventually owe the suspended amount back.
A temporary hardship is a short crisis the PHA expects to resolve. When the agency reinstates the minimum rent, it does so retroactive to the date of suspension, and it must offer you a reasonable repayment agreement for the back amount. There is no federal cap on the monthly repayment figure, so what counts as reasonable depends on your agency’s own policy.2HUD Exchange. What Is the Impact of Short-Term Versus Long-Term Hardships When the Family Is Subject to the Minimum Rent?
A long-term hardship is one the PHA expects to continue indefinitely. In that case the minimum rent is waived for as long as the hardship lasts, and you owe nothing back for the suspension period.1eCFR. 24 CFR 5.630 – Minimum Rent The line between the two is drawn in each PHA’s Administrative Plan and is not uniform nationwide.
How to File
Most PHAs use a hardship request form available from the property manager or the administrative office. The form typically asks for a description of the financial change, the date it began, and supporting details. When you fill it out, name each attached document by date so the reviewer can match your explanation to the evidence.
Gather paperwork that ties the event to its financial impact:
- Job loss or reduced hours: a termination letter, layoff notice, or recent pay stubs showing the drop.
- Loss of benefits: a denial letter, notice of reduction, or correspondence showing you are awaiting an eligibility decision.
- Medical expenses: unpaid bills or explanation-of-benefits statements showing your out-of-pocket costs.
- Death in the family: a death certificate along with any records showing the deceased contributed to household income or expenses.
Hand-deliver the packet to a housing specialist or send it by certified mail with return receipt. Both create proof of the submission date, and that date is what starts the clock on the rent suspension and the 90-day eviction protection. Federal rules do not require PHAs to accept email or digital filings, so don’t assume electronic submission is an option unless your agency says so.
The PHA must “promptly determine” whether a qualifying hardship exists and whether it is temporary or long-term.1eCFR. 24 CFR 5.630 – Minimum Rent There is no specific deadline in the regulations. The 90-day eviction shield creates a practical outer limit, but many agencies resolve requests much faster. If you have not heard back in a few weeks, follow up in writing.
If the PHA Denies Your Request
A denial is not the end. The appeal route depends on your program.
Public Housing tenants use the grievance procedure under 24 CFR Part 966. Every PHA must adopt its own grievance process and incorporate it into your lease.3eCFR. 24 CFR Part 966 – Public Housing Lease and Grievance Procedure There is no federal filing deadline. HUD recommends, but does not require, that PHAs allow something like 10 working days after the adverse action.4U.S. Department of Housing and Urban Development. Grievance Procedures Your lease or the PHA’s grievance policy will state the deadline that applies to you.
Housing Choice Voucher participants request an informal hearing instead. Each PHA sets the deadline and procedures, so check your voucher paperwork or contact the agency directly to find out how long you have. In either program, act quickly. The denial notice should explain what to do next, and the shorter windows tend to be measured in days, not weeks.
Separate Hardship Exemptions for Medical and Childcare Costs
The Housing Opportunity Through Modernization Act changed how certain deductions from income are calculated, and it created two additional hardship exemptions that are distinct from the minimum rent exemption. You can qualify for these at the same time as the minimum rent exemption if a single crisis is affecting more than one part of your rent calculation.
Medical Expenses
HOTMA raised the threshold for the elderly and disabled medical expense deduction from 3% of annual income to 10%. HUD phased the change in over three years for families receiving the deduction as of January 1, 2024: the threshold sat at 5% in 2024, 7.5% in 2025, and reaches the full 10% in 2026.5U.S. Department of Housing and Urban Development. HOTMA Talking Points for Multifamily Programs
If your medical costs fall between 5% and 10% of your income, you may lose the deduction entirely when the phase-in ends. Under 24 CFR 5.611, a family that shows financial hardship due to increased medical expenses or changed circumstances can receive a deduction for expenses exceeding just 5% of annual income rather than the 10% threshold. The relief lasts up to 90 days, and the PHA can extend it in additional 90-day increments if the hardship continues.6eCFR. 24 CFR 5.611 – Adjusted Income
Childcare
If you are about to lose eligibility for the childcare expense deduction because you are no longer employed or in school, you can request a hardship exemption to keep the deduction while the childcare expense itself remains necessary. The exemption runs up to 90 days, with possible extensions at the PHA’s discretion, and the agency can end it early if it decides you no longer need it.7HUD Exchange. HOTMA Hardship Exemptions Resource Sheet
Pair the Exemption With an Interim Reexamination
The minimum rent exemption is a narrow tool. If your income has fallen substantially, ask for an interim reexamination as well. Under HOTMA rules, the PHA must recalculate your rent when your adjusted income drops by 10% or more, and some agencies use a lower threshold.8HUD Exchange. Interim Income Reexaminations Resource Sheet A reexamination can reduce your total rent, not just the minimum portion, which makes it the stronger option when the drop is large.
If you lose your job or take a major pay cut, file both. The hardship exemption stops the minimum rent immediately and shields you from eviction for 90 days. The reexamination adjusts the ongoing obligation to match your new income.