[Federal Register Volume 90, Number 161 (Friday, August 22, 2025)]
[Notices]
[Pages 41096-41102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-16060]


-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6553-N-01]


Fair Market Rents for the Housing Choice Voucher Program, 
Moderate Rehabilitation Single Room Occupancy Program, and Other 
Programs Fiscal Year 2026

AGENCY: Office of the Assistant Secretary for Policy Development and 
Research, Department of Housing and Urban Development, HUD.

ACTION: Notice of Fiscal Year (FY) 2026 Fair Market Rents (FMRs).

-----------------------------------------------------------------------

SUMMARY: Section 8(c)(1) of the United States Housing Act of 1937 
(USHA), as amended by the Housing Opportunity Through Modernization Act 
of 2016 (HOTMA), requires the Secretary to publish FMRs not less than 
annually, adjusted to be effective on October 1 of each year. This 
notice describes the methods used to calculate the FY 2026 FMRs and 
lists the procedures for Public Housing Agencies (PHAs) to request 
reevaluations of their FMRs as required by HOTMA.

DATES: Comments are due by: September 22, 2025.
    Effective Date: October 1, 2025, unless HUD receives a valid 
request for reevaluation of specific area FMRs as described below.

ADDRESSES: HUD invites interested persons to submit comments regarding 
the FMRs and to request reevaluation of the FY 2026 FMRs. 
Communications must refer to the above docket number and title and 
should contain the information specified in the ``Request for Public 
Comments and FMR Reevaluations'' section. There are two methods for 
submitting public comments or reevaluation requests:

1. Electronic Submission of Comments

    Interested persons may submit comments or reevaluation requests 
electronically through the Federal eRulemaking Portal at https://www.regulations.gov. HUD strongly encourages commenters to submit 
comments or reevaluation requests electronically. Electronic submission 
of comments or reevaluation requests allows the author maximum time to 
prepare and submit a comment or reevaluation request, ensures timely 
receipt by HUD, and enables HUD to make them immediately available to 
the public. Comments submitted electronically through the https://www.regulations.gov website can be viewed by other submitters and 
interested members of the public. Commenters or reevaluation requestors 
should follow the instructions provided on that site to submit comments 
or reevaluation requests electronically.

2. Submission of Comments by Mail

    Members of the public may submit comments or requests for 
reevaluation by mail to the Regulations Division, Office of General 
Counsel, Department of Housing and Urban Development, 451 7th Street 
SW, Room 10276, Washington, DC 20410-0500.
    Note: To receive consideration as public comments or reevaluation 
requests, comments or requests must be submitted through one of the two 
methods specified above. Again, all submissions must refer to the 
docket number and title of the notice.
    No Facsimile Comments or Reevaluation Requests. HUD does not accept 
facsimile (FAX) comments or requests for FMR reevaluation.

FOR FURTHER INFORMATION CONTACT: Adam Bibler, Office of Policy 
Development and Research, Room 8208, U.S. Department of Housing and 
Urban Development, 451 Seventh Street SW, Washington, DC 20410; 
telephone (202) 402-6057 (this is not a toll-free number).
    For technical information on the methodology used to develop FMRs 
or a listing of all FMRs, please call the HUD User information line at 
800-245-2691 or access the information on the HUD User website at 
https://www.huduser.gov/portal/datasets/fmr.html. HUD welcomes and is 
prepared to receive calls from individuals who are deaf or hard of 
hearing, as well as from individuals with speech or communication 
disabilities. To learn more about how to make an accessible telephone 
call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.
    Questions related to the use of FMRs or voucher payment standards 
should be directed to the respective local HUD program staff or the 
Office of Public and Indian Housing Customer Service Center at https://www.hud.gov/program_offices/public_indian_housing/about/css. Questions 
on how to conduct FMR surveys may be addressed to the electronic 
mailbox for the Program Parameters and Research Division at 
[email protected].

Electronic Data Availability

    This Federal Register notice will be available electronically from 
the HUD User page at https://www.huduser.gov/portal/datasets/fmr.html. 
Federal

[[Page 41097]]

Register notices also are available electronically from https://www.federalregister.gov/, the U.S. Government Publishing Office 
website. Complete documentation of the methodology and data used to 
compute each area's FY 2026 FMRs is available at https://www.huduser.gov/portal/datasets/fmr.html#2026_query. FY 2026 FMRs are 
available in a variety of electronic formats at https://www.huduser.gov/portal/datasets/fmr.html, including in PDF and 
Microsoft Excel. Small Area FMRs for all metropolitan and 
nonmetropolitan areas are available in Microsoft Excel format at: 
https://www.huduser.gov/portal/datasets/fmr/smallarea/index.html. For 
informational purposes, HUD also publishes 50th percentile rents for 
all FMR areas at https://www.huduser.gov/portal/datasets/50per.html.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 8 of the USHA (42 U.S.C. 1437f) authorizes housing 
assistance to aid low-income families in renting safe and decent 
housing. Housing assistance payments are limited by FMRs established by 
HUD for different geographic areas. In the Housing Choice Voucher (HCV) 
program, the FMR is the basis for determining the ``payment standard 
amount'' used to calculate the maximum monthly subsidy for an assisted 
family. See 24 CFR 982.503. In addition, the year-over-year FMR change 
is one measure of rent inflation used to calculate the Renewal Funding 
Inflation Factors that affect PHAs' Housing Choice Voucher funding 
eligibility for the calendar year. HUD also uses the FMRs to determine 
initial renewal rents for some expiring project-based Section 8 
contracts, initial rents for housing assistance payment contracts in 
the Moderate Rehabilitation Single Room Occupancy program, rent 
ceilings for rental units in both the HOME Investment Partnerships 
program and the Emergency Solution Grants program, calculation of 
maximum award amounts for Continuum of Care recipients and the maximum 
amount of rent a recipient may pay for property leased with Continuum 
of Care funds, and calculation of flat rents in Public Housing units. 
The FMR is also used to determine the Performance Based Contract 
Administration Fee in Multifamily Housing. In general, the FMR for an 
area is the amount that a tenant would need to pay the gross rent 
(shelter rent plus utilities) of privately owned, decent, and safe 
rental housing of a modest (non-luxury) nature with suitable amenities. 
HUD's FMR calculations represent HUD's best effort to estimate the 40th 
percentile gross rent paid by recent movers into standard quality units 
in each FMR area. In addition, all rents subsidized under the HCV 
program must meet reasonable rent standards.
    HUD's methodology for calculation FMRs is described in Section III. 
HUD first adopted this methodology for the calculation of FY 2024 FMRs, 
and it is unchanged for FY 2026.

II. Publication of FMRs

    Section 8(c)(1) of the USHA,\1\ as amended by HOTMA (Pub. L. 114-
201, enacted July 29, 2016), requires the Secretary of HUD to publish 
FMRs not less than annually. Section 8(c)(1)(A) states that each FMR 
``shall be adjusted to be effective on October 1 of each year to 
reflect changes, based on the most recent available data trended so the 
rentals will be current for the year to which they apply. . . .'' 
Section 8(c)(1)(B) requires that HUD publish, not less than annually, 
new FMRs on the World Wide Web or in any other manner specified by the 
Secretary, and that HUD must also notify the public of when it 
publishes FMRs by Federal Register notice. After notification, the FMRs 
``shall become effective no earlier than 30 days after the date of such 
publication,'' and HUD must provide a procedure for the public to 
comment and request a reevaluation of the FMRs in a jurisdiction before 
the FMRs become effective. Consistent with the statute, HUD is issuing 
this notice to notify the public that FY 2026 FMRs are available at 
https://www.huduser.gov/portal/datasets/fmr.html and will become 
effective on October 1, 2025. This notice also provides procedures for 
FMR reevaluation requests.
---------------------------------------------------------------------------

    \1\ 42 U.S.C. 1437f.
---------------------------------------------------------------------------

III. FMR Methodology

    This section provides a brief overview of how HUD computed the FY 
2026 FMRs. For complete information on how HUD derives each area's 
FMRs, see the online documentation at https://www.huduser.gov/portal/datasets/fmr.html#2026_query.

A. Geographic Area Definitions

    The FY 2026 FMRs are based on the updated metropolitan statistical 
area (MSA) definitions published by the Office of Management and Budget 
(OMB) on July 21, 2023, and newly incorporated by the Census Bureau 
into the 2023 American Community Survey (ACS) data. However, in many 
cases, HUD has split metropolitan statistical areas into smaller 
subareas, which HUD designates as ``HUD Metropolitan Fair Market Rent 
Areas (HMFAs).'' This is meant to minimize volatility in the year to 
year change in FMRs based on geographic revisions, and to tailor FMRs 
to local housing markets.
    Since FY 2016, HUD's process for determining HMFA boundaries 
following revisions by OMB has been as follows:
 When a county is newly added to an existing metropolitan area, 
the county is instead treated as a single-county HMFA, and its 
metropolitan area is labeled as a HMFA.
 When a county is removed from an area, the area becomes a 
single non-metropolitan county, and is removed from its prior FMR area.
 When multiple counties are grouped into a new metropolitan 
area, they are instead treated as separate, single-county HMFAs.
 When a county switches metropolitan areas, it is instead 
treated as a single-county HMFA and its new metropolitan area is 
labeled as a HMFA.
 HUD maintains FMR area boundaries in the six New England 
states that are based on groupings of towns rather than counties, 
following the metropolitan area definitions used prior to 2003.
    HUD has maintained these criteria for FY 2026 FMRs. However, there 
are two exceptions. First, the state of Connecticut has officially 
changed its county-equivalent geographic units from legacy counties 
with no active government functions to planning regions. The 2023 OMB 
MSA definitions are based on these planning regions. Because the 
planning regions do not match the boundaries of the former counties, 
HUD must adopt the new MSA definitions for Connecticut rather than 
maintaining its previous HMFA definitions. Second, HUD does not 
designate single-municipio areas in Puerto Rico in cases where a 
municipio is added, removed, or switched metropolitan areas.
    Because of the limit on FMR decreases described at the end of 
Section III, towns or municipios that have switched or are otherwise 
newly added to MSAs in Connecticut and Puerto Rico may end up with 
different FMRs than other towns or municipios within the same MSA. In 
these cases, HUD has retitled the affected areas as ``Exception Areas'' 
using the name of the town or municipio and will maintain these 
designations until the FMRs for the affected areas converge with the 
rest of the MSA.

[[Page 41098]]

B. Base Year Rents

    For FY 2026 FMRs, HUD uses the U.S. Census Bureau's 5-year ACS data 
collected between 2019 and 2023 as the ``base rents'' for the FMR 
calculations. These data are the most current ACS data available at the 
time that HUD calculates the FY 2026 FMRs. HUD pairs a ``margin of 
error'' test \2\ with an additional requirement based on the number of 
survey observations supporting the estimate to improve the statistical 
reliability of the ACS data used in the FMR calculations. The Census 
Bureau does not provide HUD with an exact count of the number of 
observations supporting the ACS estimate; rather, the Bureau provides 
HUD with categories of the number of survey responses underlying the 
estimate, including whether the estimate is based on more than 100 
observations. Using these categories, HUD requires that, in addition to 
meeting the ``margin of error'' test, ACS rent estimates must be based 
on at least 100 observations to be used as base rents.
---------------------------------------------------------------------------

    \2\ HUD's margin of error test requires that the margin of error 
of the ACS estimate is less than half the size of the estimate 
itself.
---------------------------------------------------------------------------

    For areas in which the 5-year ACS data for two-bedroom, standard 
quality \3\ gross rents do not pass the statistical reliability tests 
(i.e., have a margin of error ratio greater than 50 percent or fewer 
than 100 observations), HUD uses an average of the base rents over the 
three most recent years \4\ (provided that there is data available for 
at least two of these years),\5\ or if such data are not available, 
using the two-bedroom rent data within the next largest geographic 
area. For a metropolitan subarea, the next largest area is its 
containing metropolitan area. For a non-metropolitan area, the next 
largest area is the state non-metropolitan portion.
---------------------------------------------------------------------------

    \3\ The definition of a standard quality unit is one with 
complete plumbing and kitchen facilities; meals not included in 
rent; and situated on ten acres or less of land. HUD no longer 
excludes new construction units from the standard quality universe 
pursuant to the amended regulations at 24 CFR 888.113.
    \4\ For FY 2026, the three years of ACS data in question are 
2021, 2022 and 2023. HUD adjusts the 2021 and 2022 data to be 
denominated in 2022 dollars using the growth in Consumer Price Index 
(CPI)-based gross rents measured between those years and 2023.
    \5\ To be used in the three-year average calculation, the 5-year 
estimates must be minimally statistically qualified; that is, the 
margin of error of the estimates must be less than half the size of 
the estimate.
---------------------------------------------------------------------------

C. Recent-Mover Factors

    Following the assignment of the standard quality two-bedroom rent 
described above, HUD applies a recent-mover factor to these rents. HUD 
calculates the recent-mover factor as the change between the 5-year 
2019-2023 standard quality two-bedroom gross rent and the 1-year 2023 
recent mover gross rent for the recent mover factor area. HUD does not 
allow recent-mover factors to lower the standard quality base rent; 
therefore, if the 5-year standard quality rent is larger than the 
comparable 1-year recent mover rent, HUD sets the recent-mover factor 
to 1. When the recent-mover factor is greater than one and calculated 
for the same geographic area as the base rent, HUD is, in effect, 
replacing the base rent with the recent-mover rent for that area.
    In determining the recent mover factor, HUD first considers the 
rents of households who moved into their unit only in the current ACS 
year. For ACS 2023, this means that the maximum length of time for a 
household to have lived in its current unit and still be considered a 
recent mover under this definition would be 11 months. HUD applies the 
same two statistical reliability checks to each ACS recent mover 
estimate as it does for the base rent estimate. First, the estimate 
must be supported by at least 100 sample cases from the ACS. Second, 
the estimate must have a margin of error that is smaller than half the 
estimate itself. HUD first considers the estimate for two-bedroom 
units, then for units of all bedroom counts. For areas without an ACS 
estimate meeting these criteria, HUD next checks the estimate tabulated 
from two-year recent movers. If the local two-year recent mover 
estimates are not reliable, HUD considers the estimates for 
increasingly larger areas of geography.

D. Other Rent Survey Data

    HUD calculates base rents for the insular areas using data 
collected during the 2020 decennial census of American Samoa, the 
Northern Mariana Islands, and the U.S. Virgin Islands.\6\ HUD updates 
the 2020 base year data to 2023 using the growth in national ACS data 
over that period.
---------------------------------------------------------------------------

    \6\ The ACS is not conducted in the Pacific Islands (Guam, 
Northern Mariana Islands and American Samoa) or the U.S. Virgin 
Islands. As part of the 2020 Decennial Census, the Census Bureau 
conducted ``long-form'' sample surveys for these areas. HUD uses the 
results gathered by this long form survey for the FY 2026 FMRs.
---------------------------------------------------------------------------

    HUD does not use ACS data to establish the base rent or recent-
mover factor in cases where it has locally collected survey data which 
are more recent than the 2023 ACS. For larger metropolitan areas that 
have valid ACS one-year recent-mover data, survey data may not be any 
older than the mid-point of the calendar year for the ACS one-year 
data. Since the ACS one-year data used for the FY 2026 FMRs is from 
2023, in larger areas with valid one-year recent mover data HUD does 
not use other survey data collected before June 30, 2023 for the FY 
2026 FMRs. In areas without statistically reliable 1-year ACS data, HUD 
continues to use local survey data until the mid-point of the 5-year 
ACS data is more recent than the local survey. For FY 2026 FMRs, the 
following are Metropolitan Statistical Areas (MSAs), HUD Metro FMR 
Areas, or non-metropolitan counties that have FMRs based on local ad 
hoc surveys collected prior to 2024:
    (1) HUD uses survey data from 2021 to calculate the FMRs for Iron 
County, UT; and Transylvania County, NC.
    (2) HUD uses survey data from 2022 to calculate the FMRs for Hawaii 
County, HI; Hood River County, OR; and Wasco County, OR.
    (3) HUD uses survey data from 2023 to calculate the FMRs for Santa 
Cruz-Watsonville, CA MSA.
    (4) HUD uses survey data from 2024 for Boston-Cambridge-Quincy, MA-
NH HUD Metro FMR Area; New York, NY HUD Metro FMR Area; San Luis 
Obispo-Paso Robles-Arroyo Grande, CA MSA; Santa Maria-Santa Barbara, CA 
MSA; Santa Rosa, CA MSA; and all areas in the state of Montana.
    (5) HUD uses survey data from 2025 for Kahului-Wailuku-Lahaina, HI 
HUD Metro FMR Area; and San Benito County, CA HUD Metro FMR Area.

E. Gross Rent Inflation Factors

    The ACS recent mover rent estimates as described above produce a 
rent value that is ``as of'' 2023. To account for inflation, HUD 
adjusts this value using an inflation factor that captures rent growth 
from 2023 to 2024. HUD uses a local measure of private rent inflation 
for markets that are covered by at least three of the six available 
sources of private rent data. HUD combines this local measure of rent 
inflation with either the local metropolitan area Consumer Price Index 
(CPI) rent of primary residence for the 23 areas where such data exist, 
or the regional CPI rent in areas without a local index.
    HUD uses both private data and the CPI in an attempt to fully and 
accurately measure recent mover rent inflation. Research has shown that 
private data often provide a timelier measure of recent mover rent 
inflation than the CPI, which is constructed by measuring the rents of 
both in-place and new tenants. However, the CPI provides other 
advantages as a measure of rent inflation, such as consisting of a 
representative sample of all housing

[[Page 41099]]

units, measuring rent in the same units over time (a ``repeat rent'' 
sample), and adjusting for the aging of units.
    The private measures of rent used by HUD are the Apartment List 
Rent Estimate, CoStar Group average effective rent, Cotality, Inc., 
single-family combined 3-bedroom median rent, Moody's average market 
rent, RealPage average effective rent per unit, and Zillow Observed 
Rent Index. In calculating a measure of inflation from these data, HUD 
first takes the annual average of each statistic, then its year-to-year 
change. HUD then takes the mean of the changes from all available 
sources for each area.
    Next, HUD takes an average of this private-sector measure of rent 
inflation with rent inflation as captured by the CPI for the area, 
where the private-sector measure is weighted at approximately 64 
percent and the CPI rent inflation measure is weighted at approximately 
36 percent. HUD has determined and updated these weights by comparing 
the national average of the private rent changes and changes in CPI 
rent of primary residence to changes in the national average of recent 
mover rent changes from the ACS from 2018 through 2023. HUD weights the 
private data averages and overall CPI rent of primary residence in such 
a way as to minimize the root mean squared error between the resulting 
average and the complete history of ACS recent mover rent changes.
    For areas without at least three of the six private rent data 
sources available, HUD uses a regional average of private rent 
inflation factors alongside the regional CPI rent of primary residence 
using the nationally derived weights described above. HUD constructs 
the regional average by taking the rental unit weighted average of the 
change in rents of each area in a region that does have private rent 
data coverage. This ensures that smaller areas which are not covered by 
the private sources directly still have current rental market 
conditions taken into account in the calculation of the rent inflation 
factor for such areas.
    Finally, HUD averages the result of this step with the year-to-year 
change in the CPI housing fuels and utilities series for the area to 
make the resulting inflation measure reflective of gross rents. The 
results of this step are gross rent estimates that are ``as of'' 2024.

F. Trend Factor Forecasts

    Following the application of the appropriate gross rent inflation 
factor, HUD trends the gross rent estimate from 2024 to FY 2026 using a 
trend factor which is based on local or regional forecasts of CPI gross 
rent data. HUD derived a trend factor for each Class A CPI area and 
Class B/C CPI region using time series models based on national inputs 
(National Input Model or NIM), local inputs (Local Input Model or LIM), 
and historical values of the predicted series (Pure Time Series--PTS). 
HUD chose the actual model used for each CPI area's trend factor based 
on which model generates the lowest Root Mean Square Error statistic 
and applied the trend factors to the corresponding FMR areas. HUD 
established the type of model for each forecast (NIM, LIM, or PTS) for 
the FY 2020 FMRs. HUD had previously stated it would reassess the model 
selections during the calculation of the FY 2025 FMRs. However, due to 
the high degree of volatility that occurred in rental markets from 
2020-2023, HUD believes that evaluating model performance during this 
period will not result in the best long term model selection. More 
details on the trend factor forecasts are available in the June 5, 2019 
Federal Register notice (84 FR 26141) and are available at https://www.federalregister.gov/documents/2019/06/05/2019-11763/proposed-changes-to-the-methodology-used-for-estimating-fair-market-rents.

G. Bedroom Rent Adjustments

    HUD uses two-bedroom units for its primary calculation of FMR 
estimates. This is generally the most common size of rental unit and, 
therefore, the most reliable to survey and analyze. After estimating 
two-bedroom FMRs, HUD calculates bedroom ratios for each FMR area, 
which relate the prices of smaller and larger units to the cost of two-
bedroom units. The bedroom ratios HUD uses in the calculation of FY 
2026 FMRs are calculated from three five-year ACS data series (2017-
2021, 2018-2022, and 2019-2023). HUD only uses estimates with a margin 
of error ratio of less than 50 percent. If an area does not have 
reliable estimates in at least two of the previous three ACS releases, 
HUD uses the bedroom ratios for the area's larger parent geography.
    To ensure an adequate distributional fit in these bedroom ratio 
calculations for individual FMR areas, HUD establishes bedroom interval 
ranges which set upper and lower limits for bedroom ratios nationwide, 
based on an analysis of the range of such intervals for all areas with 
large enough samples to permit accurate bedroom ratio determinations. 
In the calculation of FY 2026 FMR estimates, HUD sets the bedroom 
interval ranges as follows: efficiency FMRs are constrained to fall 
between approximately 0.69 and 0.87 of the two-bedroom FMR; one-bedroom 
FMRs must be between 0.76 and 0.91 of the two-bedroom FMR; three-
bedroom FMRs (prior to the adjustments described below) must be between 
1.10 and 1.28 of the two-bedroom FMR; and four-bedroom FMRs (again, 
prior to adjustment) must be between 1.23 and 1.56 of the two-bedroom 
FMR. Given that these interval ranges partially overlap across unit 
bedroom counts, HUD further adjusts bedroom ratios for a given FMR 
area, if necessary, to ensure that higher bedroom-count units have 
higher rents than lower bedroom-count units within that area.
    HUD further adjusts the rents for three-bedroom and larger units to 
reflect HUD's policy to set higher rents for these units.\7\ This 
adjustment is intended to increase the likelihood that the largest 
families, who have the most difficulty in leasing units, will be 
successful in finding eligible program units. The adjustment adds 8.7 
percent to the unadjusted three-bedroom FMR estimates and adds 7.7 
percent to the unadjusted four-bedroom FMR estimates.
---------------------------------------------------------------------------

    \7\ As mentioned above, HUD applies the interval ranges for the 
three-bedroom and four-bedroom FMR ratios prior to making these 
adjustments. In other words, the adjusted three- and four-bedroom 
FMRs can exceed the interval ranges but the unadjusted FMRs cannot.
---------------------------------------------------------------------------

    HUD derives FMRs for units with more than four bedrooms by adding 
15 percent to the four-bedroom FMR for each extra bedroom. For example, 
the FMR for a five-bedroom unit is 1.15 times the four-bedroom FMR, and 
the FMR for a six-bedroom unit is 1.30 times the four-bedroom FMR. 
Similarly, HUD derives FMRs for single-room occupancy units by 
subtracting 25 percent from the zero-bedroom FMR (i.e., they are set at 
0.75 times the zero-bedroom [efficiency] FMR).\8\
---------------------------------------------------------------------------

    \8\ As established in the interim rules implementing the 
provisions of the Quality Housing and Work Responsibility Act of 
1998 (Title V of the FY 1999 HUD Appropriations Act; Pub. L. 105-
276) in 24 CFR 982.604.
---------------------------------------------------------------------------

H. Minimum FMRs

    All FMRs are subject to a minimum rent based on state or national 
non-metropolitan area median rent. HUD calculates a population-weighted 
median two-bedroom FMR across all non-metropolitan counties or county-
equivalents of each state, which, for the purposes of FMRs, is the 
state minimum rent. State-minimum rents for each FMR area are available 
in the FY 2026 FMR Documentation System, available at https://www.huduser.gov/portal/datasets/fmr.html#2026_query. HUD also 
calculates the population weighted median FMR rent across all non-
metropolitan areas of the country,

[[Page 41100]]

which, for the purposes of FMRs, is the national non-metropolitan rent. 
For FY 2026, the national non-metropolitan rent is $973. The applicable 
minimum rent for a particular area is the lower of the state or 
national non-metropolitan median. Each area's two-bedroom FMR must be 
no less than the applicable minimum rent.

I. Limit on FMR Decreases

    HUD's regulations at 24 CFR 888.113 include a limit on the amount 
that FMRs may annually decrease. The current year's FMRs resulting from 
the application of the bedroom ratios, as discussed in Section (E) 
above, may be no less than 90 percent of the prior year's FMRs for 
units with the same number of bedrooms. Accordingly, if the current 
year's FMRs are less than 90 percent of the prior year's FMRs as 
calculated by the above methodology, HUD sets the current year's FMRs 
equal to 90 percent of the prior year's FMRs. For areas where HUD has 
required the use of Small Area FMRs in the administration of their 
voucher programs, the FY 2026 Small Area FMRs may be no less than 90 
percent of the FY 2025 Small Area FMRs. For all other metropolitan 
areas, the FY 2026 Small Area FMRs may be no less than 90 percent of 
the greater of the FY 2025 metropolitan area wide FMRs or the 
applicable FY 2025 Small Area FMR.
    PHAs operating in areas where the calculated FMR is lower than the 
published FMR (i.e., those areas where HUD has limited the decrease in 
the annual change in the FMR to 10 percent) may request payment 
standards below the basic range (24 CFR 982.503(d)) and reference the 
``unfloored'' rents (i.e., the unfinalized FMRs calculated by HUD prior 
to application of the 10-percent-decrease limit) depicted in the FY 
2026 FMR Documentation System (available at: https://www.huduser.gov/portal/datasets/fmr.html#2026_query).

IV. Small Area FMRs

A. SAFMR Methodology

    The methodology for calculating SAFMRs is unchanged from FY 2025. 
First, HUD calculates Small Area FMRs directly from the standard 
quality gross rents provided to HUD by the Census Bureau for ZIP Code 
Tabulation Areas (ZCTAs) when such data are statistically reliable. The 
ZCTA two-bedroom equivalent 40th percentile gross rent is analogous to 
the standard quality base rents set for metropolitan areas and non-
metropolitan counties. For each ZCTA with statistically reliable gross 
rent estimates, using the expanded test of statistical reliability 
first used in FY 2018 (i.e., estimates with margins of error ratios 
below 50 percent and based on at least 100 observations), HUD 
calculates a two-bedroom equivalent 40th percentile gross rent using 
the first statistically reliable gross rent distribution data from the 
following data sets (in this order): two-bedroom gross rents, one-
bedroom gross rents, and three-bedroom gross rents. If either the one-
bedroom or three-bedroom gross rent data are used because the two-
bedroom gross rent data are not statistically reliable, HUD converts 
the one-bedroom or three-bedroom 40th percentile gross rent to a two-
bedroom equivalent rent using the bedroom ratios for the ZCTA's parent 
metropolitan or non-metropolitan area. To increase stability to these 
Small Area FMR estimates, HUD averages the latest three years of gross 
rent estimates.\9\
---------------------------------------------------------------------------

    \9\ For example, for FY 2026 Small Area FMRs, HUD averages the 
gross rents from 2021, 2022, and 2023 5-Year ACS estimates. The 2021 
and 2022 gross rent estimates are adjusted to 2023 dollars using the 
metropolitan area's gross rent CPI adjustment factors.
---------------------------------------------------------------------------

    For ZCTAs without usable gross rent data by bedroom count, HUD 
calculates Small Area FMRs using the rent ratio method. To calculate 
Small Area FMRs using a rent ratio, HUD divides the median gross rent 
across all bedrooms for the ZCTA by the similar median gross rent for 
the metropolitan or non-metropolitan area of the ZCTA. If a ZCTA does 
not have reliable rent data at the all-bedroom level, HUD will then 
check to see if the ZCTA borders other ZCTAs that themselves have 
reliable rent data. If at least half of a ZCTA's ``neighbors'' have 
such data, HUD will use the weighted average of those estimates as the 
basis for the Small Area FMR rather than a county proxy, where the 
weight is the length of the shared boundary between the ZCTA and its 
neighbor. In small areas where the neighboring ZCTA median gross rents 
are not statistically reliable, HUD substitutes the median gross rent 
for the county containing the ZIP code in the numerator of the rent 
ratio calculation. HUD multiplies this rent ratio by the current two-
bedroom FMR for the metropolitan or non-metropolitan area containing 
the small area to generate the current year two-bedroom FMR for the 
small area.
    HUD continues to use a rolling average of ACS data in calculating 
the Small Area FMR rent ratios. HUD believes coupling the most current 
data with previous year's data minimizes excessive year-to-year 
variability in Small Area FMR rent ratios due to sampling variance. 
Therefore, for FY 2026 Small Area FMRs, HUD has updated the rent ratios 
to use an average of the rent ratios calculated from the 2017-2021, 
2018-2022, and 2019-2023 5-year ACS estimates.
    HUD limits each two-bedroom Small Area FMR to be no more than 150 
percent of the two-bedroom FMR for the metropolitan or non-metropolitan 
area where the ZIP code is located.

B. SAFMR Mandatory Use

    On November 16, 2016, HUD published a final rule entitled 
``Establishing a More Effective Fair Market Rent (FMR) System; Using 
Small Area Fair Market Rents (Small Area FMRs) in Housing Choice 
Voucher Program Instead of the Current 50th Percentile FMRs'' (81 FR 
80567) (``final rule'' or ``Small Area FMRs final rule''). Based on 
that rule, HUD has required public housing agencies (PHAs) operating in 
certain metropolitan areas to use Small Area Fair Market Rents in 
determining payment standards used in the housing choice voucher 
program. For FY 2026 FMRs, the implementation of new metropolitan 
statistical area definitions as described in Section III has resulted 
in changes to the boundaries of two mandatory SAFMR areas. First, 
Calvert County, MD has been removed from the Washington-Arlington-
Alexandria, DC-VA-MD HUD Metro FMR Area. Second, the towns of Bristol, 
Burlington, Hartland, and Union have been removed from Hartford-West 
Hartford-East Hartford, CT HUD Metro FMR Area. In both instances, PHAs 
operating in the county or towns removed remain required to use SAFMRs. 
Additionally, the towns of Clinton, Deep River, Essex, Killingworth, 
Lyme, Old Lyme, Old Saybrook and Westbrook have been newly added to the 
Hartford-West Hartford-East Hartford, CT MSA. HUD has examined data for 
the revised Hartford MSA and found that it would still meet the 
selection criteria of the Small Area FMRs final rule. Therefore, PHAs 
operating within these towns newly added to the Hartford-West Hartford-
East Hartford, CT MSA must have their payment standards aligned with 
the Small Area FMRs in their operating areas by January 1, 2027. This 
timeframe is consistent with the implementation period provided to the 
newly identified mandatory areas announced in the October 25, 2023 
Federal Register notice ``Small Area Fair Market Rents in the Housing 
Choice Voucher Program Metropolitan Areas Subject to Small Area Fair 
Market Rents'' (88 FR 73352).

[[Page 41101]]

V. Notice of Proposed Material Changes for FY 2027 FMRs

    As previously stated, HUD uses the CPI housing fuels and utilities 
series in its calculation of the gross rent inflation factor. In 
November 2024, the Bureau of Labor Statistics announced it would 
discontinue CPI fuels and utilities data at the metropolitan area and 
regional levels starting January 2025, affecting HUD's ability to 
inflate ACS gross rents for FY 2027 FMRs which would rely on the 2024 
to 2025 increase in the index.
    To address this, HUD proposes using an alternative utility 
inflation factor based on a weighted average composite of four separate 
household fuel and utility components: electricity, natural gas, fuel 
oil, and water/sewer/trash. The measure is designed to approximate the 
CPI-based utility index for each of the 23 self-representing Primary 
Sampling Units (PSUs) in the CPI sample, as well as the four Class B/C 
Census regions.
    HUD proposes using state-level data from the U.S. Energy 
Information Administration (EIA) surveys for residential electricity, 
natural gas, and fuel oil prices, along with national-level data on 
changes in residential water, sewer, and trash collection costs from 
the U.S. Bureau of Labor Statistics (BLS). Because EIA data is 
primarily available at the state level, HUD assigns state-level prices 
to each PSU based on the state in which the PSU is located, assuming 
uniform pricing behavior across Core-Based Statistical Areas (CBSAs) 
within the state. For PSUs that span multiple states, HUD assigns a 
utility price based on a population-weighted average of the relevant 
state-level utility prices, using the population of each county within 
the PSU as weights. For example, the Washington-Arlington-Alexandria, 
DC-VA-MD-WV PSU spans three states and the District of Columbia and 
includes 25 counties; HUD calculates a weighted average utility price 
for each component using population data from these counties. 
Similarly, for the Class B/C Census regions, HUD computes a population-
weighted average utility price across all non-self-representing PSU 
areas, consistent with the BLS approach to constructing the regional 
CPI for Class B/C areas.
    Once each PSU and Census region is assigned a utility price series, 
HUD would calculate the year-over-year change in each of the four 
utility components. These changes are then combined into a composite 
utility inflation factor using national CPI-U relative importance 
weights from the household fuels and utilities (SAH2) series. This 
composite utility factor would replace the current utility factor in 
the calculation of the gross rent inflation factors and trend factor 
forecasts as described in Section III, subsections E and F.
    HUD has calculated hypothetical utility inflation factors based on 
this proposed methodology. Using these factors, HUD has also calculated 
hypothetical FY 2026 FMRs and compared them to the actual FY 2026 FMRs 
in order to assess the impact and accuracy of the proposed alternate 
methodology. The average absolute difference between the two sets of 
FMRs is less than $5. The maximum increase in any area's two-bedroom 
FMR is $38, and the maximum decrease is $27. HUD is publishing these 
alternate FMRs on https://www.huduser.gov/portal/datasets/fmr.html#data_2026 so stakeholders can assess the impact of this 
proposal.

VI. Request for Public Comments and FMR Reevaluations

    HUD accepts public comments on the methods HUD uses to calculate FY 
2026 FMRs and requests for reevaluation of FMRs for specific areas for 
30 days after the publication of this notice. HUD lacks the resources 
to conduct local surveys of rents to address comments filed regarding 
the FMR levels for specific areas. PHAs may continue to fund such 
surveys independently, as specified below, using ongoing administrative 
fees or their administrative fee reserve if they so choose. HUD 
continually strives to calculate FMRs that meet the statutory 
requirement of using ``the most recent available data'' while also 
serving as an effective program parameter.
    In response to this notice, HUD specifically requests comment on 
the alternate utility inflation factor methodology intended for FY 2027 
FMRs described in Section V. Additionally, as described in Section I, 
HUD has now updated FMR area boundaries in Connecticut to match the 
latest MSA definitions. HUD requests comment as to whether areas in the 
remaining five New England states should be updated to base FMR areas 
on county-based CBSAs for FY 2027 FMRs. HUD notes that maintaining the 
old boundaries in the interest of preserving local housing market 
variation in FMRs may no longer be necessary with the availability of 
Small Area FMRs, which did not exist when HUD elected to maintain the 
existing New England boundaries.

A. FMR Reevaluations

    42 U.S.C. 1437f(c)(1)(B) includes the following: ``The Secretary 
shall establish a procedure for public housing agencies and other 
interested parties to comment on such fair market rentals and to 
request, within a time specified by the Secretary, reevaluation of the 
fair market rentals in a jurisdiction before such rentals become 
effective.''
    Typically, PHAs request a reevaluation of FMRs solely to ensure 
that they can establish adequate payment standards. HUD reminds PHAs 
that FMRs are also an underlying component of their annual HCV Renewal 
Funding Inflation Factors (RFIFs), and potential concerns regarding the 
adequacy of the RFIF are an important consideration when determining 
whether to request an FMR Re-evaluation.
    PHAs or other parties interested in requesting HUD's reevaluation 
of their area's FY 2026 FMRs, as provided for under section 8(c)(1)(B) 
of USHA, must follow the following procedures:
    (1) By the end of the 30-day comment period, PHAs or other parties 
must submit reevaluation requests through https://www.regulations.gov/ 
or directly to HUD as described in the ADDRESSES section above. The 
area's PHA or, in multi-jurisdictional areas, PHA(s) representing at 
least half of the voucher tenants in the FMR area, must agree that the 
reevaluation is necessary.
    (2) The requestor(s) must supply HUD with data more recent than the 
2023 ACS data used in the calculation of the FY 2026 FMRs. HUD requires 
data on gross rents paid in the FMR area for occupied standard quality 
rental housing units. Occupied recent mover units (defined as those who 
moved in the past 24 months, although a shorter definition may also be 
used at the requestor's discretion) provide the best data. The data 
delivered must be sufficient for HUD to calculate a 40th percentile 
two-bedroom gross rent. Should this type of data not be available, 
requestors may gather this information using the survey guidance 
available at https://www.huduser.gov/portal/datasets/fmr/NoteRevisedAreaSurveyProcedures.pdf and https://www.huduser.gov/portal/datasets/fmr/PrinciplesforPHA-ConductedAreaRentSurveys.pdf.
    (3) Areas where valid reevaluation requests are submitted may 
continue to use FY 2025 FMRs or may use the FY 2026 FMRs. Commenters 
should indicate whether they wish to maintain the FY 2025 or implement 
the FY 2026 FMR during the revaluation period as part of their 
reevaluation request. PHAs requesting reevaluation in areas newly 
designated as SAFMR areas must adopt SAFMRs, but they may be the FY 
2025 SAFMRs or FY 2026 SAFMRs during

[[Page 41102]]

the reevaluation period. Following the comment period, HUD will post a 
list, at https://www.huduser.gov/portal/datasets/fmr.html, of the areas 
requesting reevaluations where FY 2025 FMRs remain in effect.
    (4) PHAs or other parties must supply data for reevaluations to HUD 
no later than Friday, January 9, 2026. All survey responses of rental 
units gathered as part of the survey efforts should be delivered to HUD 
via email. As in FY 2025, HUD requests that survey responses include 
the ZIP Code or comparable small-area identifier (such as Census tract) 
of the housing unit. In addition to the survey data, HUD requires a 
current utility schedule to evaluate the survey responses. Finally, HUD 
encourages PHAs to evaluate their survey data to ensure the survey 
supports their request. Should PHAs or their contractors undertake this 
evaluation, HUD requests that this analysis also be submitted.
    HUD will use the data delivered by January 9, 2026, to reevaluate 
the FMRs and following the reevaluation, HUD will post revised FMRs in 
April of 2026 with an accompanying Federal Register notice stating the 
revised FMRs are available, which will include HUD's responses to 
comments filed during the comment period for this notice. By January 
16, 2026, HUD will post at https://www.huduser.gov/portal/datasets/fmr.html, a listing of the areas that requested FMR reevaluations and 
continued effect of the FY2025 FMRs but did not deliver data, making 
the FY 2026 FMRs effective in these areas. HUD will incorporate any 
data supporting a change in FMRs supplied after January 9, 2026 into 
the FY 2027 FMRs. Questions on how to conduct FMR surveys may be 
addressed to the Program Parameters and Research Division at 
[email protected].
    For small metropolitan areas without one-year ACS data and non-
metropolitan counties, HUD has developed a method of using mail surveys 
that is discussed on the FMR web page: https://www.huduser.gov/portal/datasets/fmr.html#survey_info. This method allows for a PHA to submit a 
valid survey consisting of as few as 100 one-bedroom, two-bedroom, and 
three-bedroom units.
    Other survey methods are acceptable in providing data to support 
reevaluation requests if the survey method can provide statistically 
reliable, unbiased estimates of gross rents paid throughout the entire 
FMR area and small area identifiers for the survey responses. In 
general, recommendations for FMR changes and supporting data must 
reflect the rent levels that exist within the entire FMR area and 
should be statistically reliable.
    PHAs in non-metropolitan areas are required to obtain 100 eligible 
survey responses which means they may need a sampling frame of at least 
5,000 rental units, taking into account survey non-response rates and 
the fact that some units will fail to qualify. PHAs may conduct surveys 
of groups of non-metropolitan counties to increase the number of rental 
units that are surveyed, but HUD must approve all county-grouped 
surveys in advance. HUD cautions that the resulting FMRs may not be 
identical for the counties surveyed; each individual FMR area will have 
a separate FMR based on the relationship of rents in that area to the 
combined rents in the cluster of FMR areas. In addition, HUD advises 
that in counties where FMRs are based on the combined rents in the 
cluster of FMR areas, HUD will not revise their FMRs unless the grouped 
survey results show a revised FMR statistically different from the 
combined rent level.
    Survey samples should preferably be randomly drawn from a complete 
list of rental units for the FMR area. If this is not feasible, the 
selected sample must be drawn to be statistically representative of the 
entire rental housing stock of the FMR area. Surveys must include units 
at all rent levels and be representative by structure type (including 
single-family, duplex, and other small rental properties), age of 
housing unit, and geographic location. The current 5-year ACS data 
should be used as a means of verifying if a sample is representative of 
the FMR area's rental housing stock. HUD staff are available to work 
with PHAs in areas requesting re-evaluations to provide the minimum 
number of survey cases required to ensure that data submitted for re-
evaluation represent a statistically valid sample. In cases where a 
submitted sample is not representative, HUD may attempt to weight the 
sample cases prior to calculating 40th percentile rent estimates.
    A PHA or contractor that cannot obtain the recommended number of 
sample responses after reasonable efforts should consult with HUD 
before abandoning its survey; in such situations, HUD may find it 
appropriate to relax normal sample size requirements, but in no case 
will fewer than 100 eligible cases be considered.

VII. Environmental Impact

    This notice involves the establishment of FMR schedules, which do 
not constitute a development decision affecting the physical condition 
of specific project areas or building sites. Accordingly, under 24 CFR 
50.19(c)(6), this notice is categorically excluded from environmental 
review under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321).
    Accordingly, the Fair Market Rent schedules, which will not be 
codified in 24 CFR part 888, are available at https://www.huduser.gov/portal/datasets/fmr.html.

John Gibbs,
Principal Deputy Assistant Secretary for Policy Development and 
Research.

Fair Market Rents for the Housing Choice Voucher Program

Schedule B--General Explanatory Notes

Arrangement of FMR Areas and Identification of Constituent Parts

    a. The Metropolitan and Non-Metropolitan FMR Area Schedule lists 
FMRs alphabetically by state, by metropolitan area and by non-
metropolitan county within each state and are available at https://www.huduser.gov/portal/datasets/fmr.html.
    b. The schedule lists the constituent counties (and New England 
towns and cities) included in each metropolitan FMR area immediately 
following the listings of the FMR dollar amounts. All constituent parts 
of a metropolitan FMR area that are in more than one state can be 
identified by consulting the listings for each applicable state.
    c. The schedule lists two non-metropolitan counties alphabetically 
on each line of the non-metropolitan county listings.
    d. Similarly, the schedule lists the New England towns and cities 
included in a non-metropolitan county immediately following the county 
name.

[FR Doc. 2025-16060 Filed 8-21-25; 8:45 am]
BILLING CODE 4210-67-P