Wear and Tear Vs. Damage at Unit Turnover in HUD Multifamily Properties

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Know the Difference, Protect Your Property: Learn What Counts as Normal Wear and Tear vs. Chargeable Damage at HUD Unit Turnover.

Determining whether a unit condition is normal wear and tear, tenant-caused damage, an owner maintenance responsibility, an approved disability-related modification, or a casualty loss is rarely as simple as looking at a photograph. The classification affects who pays, whether a resident may be billed, what may be deducted from a security deposit, whether a tenant-damage special claim is supportable, and whether insurance or another disaster-recovery source should respond. A weak or inconsistent decision can lead to resident disputes, fair housing concerns, denied claims, repayment exposure, and findings during a Management and Occupancy Review.

This webinar gives HUD Multifamily owners and agents a practical framework for making these decisions during residency and at move-out. Attendees will learn how to begin with the documented move-in condition, determine probable cause, distinguish expected deterioration from misuse or neglect, apply useful life, and limit charges to actual and reasonable costs. The program addresses common trouble spots involving paint, walls, flooring, appliances, plumbing fixtures, cleaning, odors, pests, pets, assistance animals, and unreported maintenance conditions. It also explains the documentation needed to support a defensible determination, including inspections, photographs, work orders, technician findings, invoices, resident notices, and cost calculations.

Fair housing considerations are integrated into the decision process. The webinar distinguishes a reasonable accommodation from a reasonable modification, explains the required connection between a disability and a requested change, addresses when limited verification may be requested, and examines the difference between a qualifying disability-related need and a general medical request or personal preference. Attendees will also learn why an approved modification is not automatically damage and how restoration questions should be handled at move-out.

The final portion applies the framework to fires, floods, storms, and other emergencies. It separates resident responsibility from casualty loss and clarifies the distinct roles of the property, HUD’s Multifamily disaster response, insurance carriers, lenders, and FEMA. Special claims are addressed only as an application of the underlying wear-versus-damage determination, with emphasis on documentation, useful life, credits, and avoiding duplicate recovery.

Webinar Objectives

Property staff must make consistent and supportable decisions about unit conditions while protecting the property, treating residents fairly, and complying with the HUD-approved lease, HUD guidance, fair housing requirements, and applicable state law. The central problem is that a condition alone does not establish responsibility. A stained ceiling, for example, may result from resident misuse, an unreported leak, a failed building system, firefighting activity, or a storm.

This session provides a repeatable decision-making framework based on the unit’s starting condition, probable cause, ordinary use, remaining useful life, and actual and reasonable cost. Attendees will learn how to document and process conditions during occupancy and at move-out, evaluate disability-related requests without unnecessarily seeking medical information, and route emergency or disaster costs to the appropriate source without shifting owner obligations to residents or collecting twice for the same loss.

Webinar Agenda

  • Establish the governing framework, including HUD guidance, the HUD-approved lease, property policies, and applicable state law.
  • Define normal wear and tear, tenant-caused damage, owner maintenance responsibilities, approved modifications, and casualty losses.
  • Apply the five-part decision test: starting condition, cause, ordinary use, remaining useful life, and actual and reasonable cost.
  • Examine common unit conditions involving paint, walls, flooring, appliances, plumbing, cleaning, odors, pests, pets, and assistance animals.
  • Process conditions during residency through inspections, work orders, repairs, resident notices, billing, cure opportunities, and follow-up inspections.
  • Complete the move-out process, including resident participation, photographs, cost documentation, security-deposit disposition, and dispute review.
  • Apply fair housing requirements to reasonable accommodations, reasonable modifications, verification, disability nexus, payment responsibility, and restoration.
  • Distinguish qualifying disability-related needs from medical requests or personal preferences that do not establish the required disability-related nexus.
  • Apply the wear-versus-damage determination to tenant-damage special claims.
  • Address fires, floods, storms, and other emergencies by separating the responsibilities of the property, resident, HUD, insurer, lender, and FEMA.

Webinar Highlights

  • Why the appearance of a condition alone does not prove tenant responsibility.
  • A five-part test for distinguishing normal wear and tear from tenant-caused damage.
  • How move-in inspections, work orders, photographs, incident reports, and technician findings establish the factual record.
  • How useful life and actual and reasonable cost limit resident charges, even when the resident caused the damage.
  • How to address damage during residency instead of allowing it to accumulate until move-out.
  • How to complete move-out inspections, itemize charges, apply security deposits, and respond to resident objections.
  • The difference between a reasonable accommodation and a reasonable modification, including verification and disability-nexus requirements.
  • Why an approved accessibility modification is not automatically damage and when restoration may or may not be appropriate.
  • What must be established before tenant damage is included in a special claim.

Who Should Attend

This webinar will benefit owners and management agents of HUD Multifamily properties; regional and property managers; compliance and occupancy specialists; maintenance supervisors and technicians; asset managers; service coordinators; risk-management and accounting staff; and employees responsible for inspections, resident notices, security-deposit dispositions, unit turnover, reasonable accommodations and modifications, insurance claims, special claims, or disaster response.

  • Why the appearance of a condition alone does not prove tenant responsibility.
  • A five-part test for distinguishing normal wear and tear from tenant-caused damage.
  • How move-in inspections, work orders, photographs, incident reports, and technician findings establish the factual record.
  • How useful life and actual and reasonable cost limit resident charges, even when the resident caused the damage.
  • How to address damage during residency instead of allowing it to accumulate until move-out.
  • How to complete move-out inspections, itemize charges, apply security deposits, and respond to resident objections.
  • The difference between a reasonable accommodation and a reasonable modification, including verification and disability-nexus requirements.
  • Why an approved accessibility modification is not automatically damage and when restoration may or may not be appropriate.
  • What must be established before tenant damage is included in a special claim.
  • Establish the governing framework, including HUD guidance, the HUD-approved lease, property policies, and applicable state law.
  • Define normal wear and tear, tenant-caused damage, owner maintenance responsibilities, approved modifications, and casualty losses.
  • Apply the five-part decision test: starting condition, cause, ordinary use, remaining useful life, and actual and reasonable cost.
  • Examine common unit conditions involving paint, walls, flooring, appliances, plumbing, cleaning, odors, pests, pets, and assistance animals.
  • Process conditions during residency through inspections, work orders, repairs, resident notices, billing, cure opportunities, and follow-up inspections.
  • Complete the move-out process, including resident participation, photographs, cost documentation, security-deposit disposition, and dispute review.
  • Apply fair housing requirements to reasonable accommodations, reasonable modifications, verification, disability nexus, payment responsibility, and restoration.
  • Distinguish qualifying disability-related needs from medical requests or personal preferences that do not establish the required disability-related nexus.
  • Apply the wear-versus-damage determination to tenant-damage special claims.
  • Address fires, floods, storms, and other emergencies by separating the responsibilities of the property, resident, HUD, insurer, lender, and FEMA.

Property staff must make consistent and supportable decisions about unit conditions while protecting the property, treating residents fairly, and complying with the HUD-approved lease, HUD guidance, fair housing requirements, and applicable state law. The central problem is that a condition alone does not establish responsibility. A stained ceiling, for example, may result from resident misuse, an unreported leak, a failed building system, firefighting activity, or a storm.

This session provides a repeatable decision-making framework based on the unit’s starting condition, probable cause, ordinary use, remaining useful life, and actual and reasonable cost. Attendees will learn how to document and process conditions during occupancy and at move-out, evaluate disability-related requests without unnecessarily seeking medical information, and route emergency or disaster costs to the appropriate source without shifting owner obligations to residents or collecting twice for the same loss.

User

Presenter

Rhanda Mckown

Rhanda McKown is a seasoned affordable housing professional with over 25 years of experience in the industry. Currently, she serves as Director of Affordable Housing for a non-profit organization covering four states.

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