In terms of Arizona Public Housing Authority Clarification about Allowable Section 8 Tenant Damage Claims, Section 8 project agents/owners can submit special claims for reimbursement of damages. The Special Claims Guidebook offers assistance to these agents/owners what the claims that can be submitted.
Things Not Included in the HUD Special Claims
According to Appendix 5C of the guidebook, normal costs of making an apartment ready after its vacation by a tenant cannot be claimed as tenant damages. Such normal costs may include the cost incurred by the owner/agent for basic cleaning and repair work which is necessary for making a unit ready for taking over by the next tenant. Since this is a part of the cost of doing business, this is not included.
Similarly, things that are considered to undergo normal wear and tear are not included in HUD special claims for reimbursement. These include, but not limited to:
- Carpet cleaning
- Cleaning window and window blinds
- Washing windows and walls
- Touch‐up painting
- Repair of window screen
- Replacement of a light bulb
- Replacement of hinges and knobs of cabinets and doors
- Replacement of switches of electrical lights
- Replacement of battery of smoke detector
- Fumigation of Kitchen, once for a tenant
- Replacement of drip pan
- Stove rings replacement
- Broiler pan replacement
- Ice cube tray replacement
- Replacement of parts of fixtures and appliances that are prone to breaking with daily usage, but don’t damage the appliance integrity
- Cleaning of appliance
- Cleaning of bathroom cabinets, inside as well as outside
- Replacement of towel bar
- Replacement of toilet seat and toilet handle
- Replacement of handles and stoppers of sink and bathtub
- Caulking around of toilet or tub.
Above costs should be covered by the Project operating fund.
For Special Claim purpose, the owner or agent must note during routine and annual inspections, the actual tenant damage which may be intentional or due to excessive neglect on the part of the tenant.
It is the responsibility of agents/owners to provide safe, decent and sanitary housing. Therefore, if the unit has deteriorated because the tenant is abusive or is a poor housekeeper, the owner/agent can file special claim. For rectifying excessive damage the tenant should receive a bill. If he or she does not pay up, lease enforcement can be used.
Things Included in HUD Special Claim
There are some damages/neglectful events that have to be repaired before declaring the unit vacant and it includes, but are not limited to:
- Carpet tears, burns, permanent stains or excessive wear
- Damage sustained by large appliances
- Broken windows
- Yellowing of walls due to nicotine, in case the previous occupancy had been less than a year
- Broken cabinets
- Damaged vinyl flooring
- Replaced window screen
- Replaced door
- Damaged door trims and jambs
- Big holes in plaster or walls
- Bent or missing shower rods
- Damaged or clogged toilet due to improper use
These are the items that the owner/agent may submit for reimbursement as a special claim after moving out of the tenant and unsuccessful attempts at realizing the due from him.