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REFERENCE TITLE: rental properties; prohibited penalties |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HB 2612 |
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Introduced by Representatives Plumlee, Cardenas: Bolding, Clark, Espinoza, Fernandez, Friese, Kopec, Larkin, McCune Davis
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AN ACT
Amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9-500.38; amending title 11, chapter 2, article 4, Arizona Revised Statutes, by adding section 11-269.15; amending sections 33-1260.01 and 33‑1806.01, Arizona Revised Statutes; relating to regulation of rental properties.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.38, to read:
9-500.38. Prohibition on penalizing tenants or landlords based on contact with law enforcement or other emergency services, incidents of violence or criminal activity; state preemption; definitions
A. A city or town may not adopt or enforce any ordinance that penalizes tenants or landlords based on any of the following:
1. communication by a tenant, landlord, guest, neighbor or other individual to law enforcement or other emergency services, if any of the following applies:
(a) The communication is made with the intent to prevent or respond to domestic violence or sexual violence.
(b) Intervention or emergency assistance is needed to prevent or respond to domestic violence or sexual violence.
(c) The communication is made by, or on behalf of, or otherwise concerns an individual with a disability and the purpose of the contact was related to that individual's disability.
2. Any incident of actual or threatened domestic violence or sexual violence against a tenant, household member or guest that occurs in the dwelling unit or on the premises.
3. Criminal activity or a local ordinance violation that occurs in the dwelling unit or on the premises and that directly relates to domestic violence engaged in by a tenant, household member, guest or other party and against a tenant, household member, guest or other party.
B. This section does not:
1. Prohibit a city or town from adopting or enforcing ordinances to impose penalties on the basis of the underlying criminal activity or a local ordinance violation that is not covered by subsection A of this section and to the extent allowed by state and federal law.
2. Limit or prohibit the eviction of or imposition of penalties against the perpetrator of the domestic violence, sexual violence or other criminal activity.
C. The protection of victims of domestic violence and sexual violence is a matter of statewide concern. This section preempts all local laws, ordinances and charter provisions to the contrary.
D. For the purposes of this section:
1. "Disability" has the same meaning prescribed in section 41‑1491.
2. "Domestic violence" has the same meaning prescribed in section 13‑3601.
3. "Dwelling unit" has the same meaning prescribed in section 33‑1310.
4. "Landlord" has the same meaning prescribed in section 33‑1310.
5. "Penalizes" includes the following:
(a) the Assessment of fees or fines.
(b) the Revocation, suspension or nonrenewal of any license or permit required for the rental or occupancy of any dwelling unit.
(c) the Termination or denial of a subsidized housing contract or housing subsidy.
(d) the Termination or nonrenewal of a residential lease agreement.
6. "Sexual violence" means a violation of section 13‑1404, 13‑1405, 13‑1406, 13‑1410 or 13‑2923.
7. "Tenant" has the same meaning prescribed in section 33‑1310.
Sec. 2. Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-269.15, to read:
11-269.15. Prohibition on penalizing tenants or landlords based on contact with law enforcement or other emergency services, incidents of violence or criminal activity; state preemption; definitions
A. The board of supervisors may not adopt or enforce any ordinance or resolution that penalizes tenants or landlords based on any of the following:
1. communication by a tenant, landlord, guest, neighbor or other individual to law enforcement or other emergency services, if any of the following applies:
(a) The communication is made with the intent to prevent or respond to domestic violence or sexual violence.
(b) Intervention or emergency assistance is needed to prevent or respond to domestic violence or sexual violence.
(c) The communication is made by, or on behalf of, or otherwise concerns an individual with a disability and the purpose of the contact was related to that individual's disability.
2. Any incident of actual or threatened domestic violence or sexual violence against a tenant, household member or guest that occurs in the dwelling unit or on the premises.
3. Criminal activity or a local ordinance or resolution violation that occurs in the dwelling unit or on the premises and that directly relates to domestic violence engaged in by a tenant, household member, guest or other party and against a tenant, household member, guest or other party.
B. This section does not:
1. Prohibit the board of supervisors from adopting or enforcing ordinances or resolutions to impose penalties on the basis of the underlying criminal activity or a local ordinance or resolution violation that is not covered by subsection A of this section and to the extent allowed by state and federal law.
2. Limit or prohibit the eviction of or imposition of penalties against the perpetrator of the domestic violence, sexual violence or other criminal activity.
C. The protection of victims of domestic violence and sexual violence is a matter of statewide concern. This section preempts all local laws, ordinances and resolutions to the contrary.
D. For the purposes of this section:
1. "Disability" has the same meaning prescribed in section 41‑1491.
2. "Domestic violence" has the same meaning prescribed in section 13‑3601.
3. "Dwelling unit" has the same meaning prescribed in section 33‑1310.
4. "Landlord" has the same meaning prescribed in section 33‑1310.
5. "Penalizes" includes the following:
(a) the Assessment of fees or fines.
(b) the Revocation, suspension or nonrenewal of any license or permit required for the rental or occupancy of any dwelling unit.
(c) the Termination or denial of a subsidized housing contract or housing subsidy.
(d) the Termination or nonrenewal of a residential lease agreement.
6. "Sexual violence" means a violation of section 13‑1404, 13‑1405, 13‑1406, 13‑1410 or 13‑2923.
7. "Tenant" has the same meaning prescribed in section 33‑1310.
Sec. 3. Section 33-1260.01, Arizona Revised Statutes, is amended to read:
33-1260.01. Rental property; unit owner and agent information; fee; disclosure; prohibitions; definitions
A. A unit owner may use the unit owner's unit as a rental property unless prohibited in the declaration and shall use it in accordance with the declaration's rental time period restrictions.
B. A unit owner may designate in writing a third party to act as the unit owner's agent with respect to all association matters relating to the rental unit, except for voting in association elections and serving on the board of directors. The unit owner shall sign the written designation and shall provide a copy of the written designation to the association. On delivery of the written designation, the association is authorized to conduct all association business relating to the unit owner's rental unit through the designated agent. Any notice given by the association to a unit owner's designated agent on any matter relating to the unit owner's rental unit constitutes notice to the unit owner.
C. Notwithstanding any provision in the condominium documents, on rental of a unit an association shall not require a unit owner or a unit owner's agent to disclose any information regarding a tenant other than the name and contact information for any adults occupying the unit, the time period of the lease, including the beginning and ending dates of the tenancy, and a description and the license plate numbers of the tenants' vehicles. If the condominium is an age restricted condominium, the unit owner, the unit owner's agent or the tenant shall show a government issued identification that bears a photograph and that confirms that the tenant meets the condominium's age restrictions or requirements.
D. On request of an association or its managing agent for the disclosures prescribed in subsection C of this section, the managing agent or, if there is no managing agent, the association may charge a fee of not more than twenty‑five dollars, which shall be paid within fifteen days after the postmarked request. The fee may be charged for each new tenancy for that unit but may not be charged for a renewal of a lease. Except for the fee permitted by this subsection and fees related to the use of recreational facilities, the association or its managing agent shall not assess, levy or charge a fee or fine or otherwise impose a requirement on a unit owner's rental unit any differently than on an owner-occupied unit in the association.
E. Notwithstanding any provision in the condominium documents, the association is prohibited from doing any of the following:
1. Requiring a unit owner to provide the association with a copy of the tenant's rental application, credit report, lease agreement or rental contract or other personal information except as prescribed by this section. This paragraph does not prohibit the association from acquiring a credit report on a person in an attempt to collect a debt.
2. Requiring the tenant to sign a waiver or other document limiting the tenant's due process rights as a condition of the tenant's occupancy of the rental unit.
3. Prohibiting or otherwise restricting a unit owner from serving on the board of directors based on the owner's not being an occupant of the unit.
4. Imposing on a unit owner or managing agent any fee, assessment, penalty or other charge in an amount greater than fifteen dollars for incomplete or late information regarding the information requested pursuant to subsection C of this section
5. Imposing on a unit owner or managing agent a fee, assessment or other charge, requiring the unit owner or managing agent to terminate or not renew a lease agreement or prohibiting the unit owner or managing agent from renting the unit based on any of the following:
(a) communication by a unit owner, managing agent, tenant, guest, neighbor or other individual to law enforcement or other emergency services, if any of the following applies:
(i) The communication is made with the intent to prevent or respond to domestic violence or sexual violence.
(ii) Intervention or emergency assistance is needed to prevent or respond to domestic violence or sexual violence.
(iii) The communication is made by, or on behalf of, or otherwise concerns an individual with a disability and the purpose of the contact was related to that individual's disability.
(b) Any incident of actual or threatened domestic violence or sexual violence against a tenant, household member or guest that occurs in the unit or on the premises.
(c) Criminal activity that occurs in the unit or on the premises and that directly relates to domestic violence or sexual violence engaged in by a tenant, household member, guest or other party and against a tenant, household member, guest or other party. This subdivision does not:
(i) Prohibit an association from adopting or enforcing a provision in the condominium documents to impose penalties on the basis of the underlying criminal activity to the extent allowed by state and federal law.
(ii) Limit or prohibit the eviction of or imposition of penalties against the perpetrator of the domestic violence, sexual violence or other criminal activity.
F. Any attempt by an association to exceed the fee, assessment, penalty or other charge authorized by subsection D or E of this section voids the fee, assessment, penalty or other charge authorized by subsection D or E of this section. This section does not prevent an association from complying with the housing for older persons act of 1995 (P.L. 104–76; 109 Stat. 787).
G. An owner may use a crime free addendum as part of a lease agreement. This section does not prohibit the owner's use of a crime free addendum.
H. This section does not prohibit and an association may lawfully enforce a provision in the condominium documents that restricts the residency of persons who are required to be registered pursuant to section 13‑3821 and who are classified as level two or level three offenders.
I. An owner of rental property shall abate criminal activity as authorized in section 12‑991.
J. For the purposes of this section:
1. "Disability" has the same meaning prescribed in section 41‑1491.
2. "Domestic violence" has the same meaning prescribed in section 13‑3601.
3. "Sexual violence" means a violation of section 13‑1404, 13‑1405, 13‑1406, 13‑1410 or 13‑2923.
Sec. 4. Section 33-1806.01, Arizona Revised Statutes, is amended to read:
33-1806.01. Rental property; member and agent information; fee; disclosure; prohibitions; definitions
A. A member may use the member's property as a rental property unless prohibited in the declaration and shall use it in accordance with the declaration's rental time period restrictions.
B. A member may designate in writing a third party to act as the member's agent with respect to all association matters relating to the rental property, except for voting in association elections and serving on the board of directors. The member shall sign the written designation and shall provide a copy of the written designation to the association. On delivery of the written designation, the association is authorized to conduct all association business relating to the member's rental property through the designated agent. Any notice given by the association to a member's designated agent on any matter relating to the member's rental property constitutes notice to the member.
C. Notwithstanding any provision in the community documents, on rental of a member's property an association shall not require a member or a member's agent to disclose any information regarding a tenant other than the name and contact information for any adults occupying the property, the time period of the lease, including the beginning and ending dates of the tenancy, and a description and the license plate numbers of the tenants' vehicles. If the planned community is an age restricted community, the member, the member's agent or the tenant shall show a government issued identification that bears a photograph and that confirms that the tenant meets the community's age restrictions or requirements.
D. On request of an association or its managing agent for the disclosures prescribed in subsection C of this section, the managing agent or, if there is no managing agent, the association may charge a fee of not more than twenty‑five dollars, which shall be paid within fifteen days after the postmarked request. The fee may be charged for each new tenancy for that property but may not be charged for a renewal of a lease. Except for the fee permitted by this subsection and fees related to the use of recreational facilities, the association or its managing agent shall not assess, levy or charge a fee or fine or otherwise impose a requirement on a member's rental property any differently than on an owner‑occupied property in the association.
E. Notwithstanding any provision in the community documents, the association is prohibited from doing any of the following:
1. Requiring a member to provide the association with a copy of the tenant's rental application, credit report, lease agreement or rental contract or other personal information except as prescribed by this section. This paragraph does not prohibit the association from acquiring a credit report on a person in an attempt to collect a debt.
2. Requiring the tenant to sign a waiver or other document limiting the tenant's due process rights as a condition of the tenant's occupancy of the rental property.
3. Prohibiting or otherwise restricting a member from serving on the board of directors based on the member's not being an occupant of the property.
4. Imposing on a member or managing agent any fee, assessment, penalty or other charge in an amount greater than fifteen dollars for incomplete or late information regarding the information requested pursuant to subsection C of this section.
5. Imposing on a member or managing agent a fee, assessment or other charge, requiring the member or managing agent to terminate or not renew a lease agreement or prohibiting the member or managing agent from renting the property based on any of the following:
(a) communication by a member, managing agent, tenant, guest, neighbor or other individual to law enforcement or other emergency services, if any of the following applies:
(i) The communication is made with the intent to prevent or respond to domestic violence or sexual violence.
(ii) Intervention or emergency assistance is needed to prevent or respond to domestic violence or sexual violence.
(iii) The communication is made by, or on behalf of, or otherwise concerns an individual with a disability and the purpose of the contact was related to that individual's disability.
(b) Any incident of actual or threatened domestic violence or sexual violence against a tenant, household member or guest that occurs in the rental property or on the premises.
(c) Criminal activity that occurs in the rental property or on the premises and that directly relates to domestic violence or sexual violence engaged in by a tenant, household member, guest or other party and against a tenant, household member, guest or other party. This subdivision does not:
(i) Prohibit an association from adopting or enforcing a provision in the community documents to impose penalties on the basis of the underlying criminal activity to the extent allowed by state and federal law.
(ii) Limit or prohibit the eviction of or imposition of penalties against the perpetrator of the domestic violence, sexual violence or other criminal activity.
F. Any attempt by an association to exceed the fee, assessment, penalty or other charge authorized by subsection D or E of this section voids the fee, assessment, penalty or other charge authorized by subsection D or E of this section. This section does not prevent an association from complying with the housing for older persons act of 1995 (P.L. 104–76; 109 Stat. 787).
G. An owner may use a crime free addendum as part of a lease agreement. This section does not prohibit the owner's use of a crime free addendum.
H. This section does not prohibit and an association may lawfully enforce a provision in the community documents that restricts the residency of persons who are required to be registered pursuant to section 13‑3821 and who are classified as level two or level three offenders.
I. An owner of rental property shall abate criminal activity as authorized in section 12‑991.
J. For the purposes of this section:
1. "Disability" has the same meaning prescribed in section 41‑1491.
2. "Domestic violence" has the same meaning prescribed in section 13‑3601.
3. "Sexual violence" means a violation of section 13‑1404, 13‑1405, 13‑1406, 13‑1410 or 13‑2923.