SB1607 - 542R

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 9-500.48, to read:

START_STATUTE9-500.48. Law enforcement, emergency calls; no penalties

A. A city or town may not enact an ordinance to penalize or take other action against a LANDLORD, tenant or other person who requests law ENFORCEMENT or other emergency assistance on the person's own behalf or on behalf of a victim of a crime or other person who needs emergency assistance.

B. A city or town may enact an ORDINANCE to penalize or take other action against a person who knowingly and without cause requests law enforcement or other emergency assistance except for A person who reasonably BELIEVES that law enforcement or other emergency assistance was necessary to prevent or REMEDY COMMISSION of a crime or other emergency. END_STATUTE

Sec. 2. Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-269.27, to read:

START_STATUTE11-269.27. Law enforcement, emergency calls; no penalties

A. A county may not enact an ordinance to penalize or take other action against a LANDLORD, tenant or other person who requests law ENFORCEMENT or other emergency assistance on the person's own behalf or on behalf of a victim of a crime or other person who needs emergency assistance.

B. A county may enact an ORDINANCE or take other action against a person who knowingly and without cause requests law enforcement or other emergency assistance except for A person who reasonably BELIEVES that law enforcement or other emergency assistance was necessary to prevent or REMEDY COMMISSION of a crime or other emergency. END_STATUTE

Sec. 3. Section 33-1314, Arizona Revised Statutes, is amended to read:

START_STATUTE33-1314. Terms and conditions of rental agreement; rent limitations

A. The landlord and tenant may include in a rental agreement terms and conditions not prohibited by this chapter or any other rule of law including rent, term of the agreement and other provisions governing the rights and obligations of the parties.

B. In the absence of a rental agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit.

C. Rent shall be payable without demand or notice at the time and place agreed upon on by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent shall be uniformly apportionable from day‑to‑day day to day.

D. Unless the rental agreement fixes a definite term, the tenancy shall be week‑to‑week week to week in case of a roomer who pays weekly rent, and in all other cases month‑to‑month month to month.

E. If a municipality that levies a transaction privilege tax on residential rent changes the percentage of that tax, the landlord on thirty days' written notice to the tenant may adjust the amount of rent due to equal the difference caused by the new percentage amount of the tax. The adjustment to rent shall not occur before the date upon on which the new tax is effective. In order For a landlord to adjust rent pursuant to this subsection, the landlord's right to adjust rent pursuant to this subsection shall be disclosed in the rental agreement.

F. NOTWITHSTANDING the provisions of the rental agreement, beginning September 1, 2020, A landlord may not increase periodic rent for a tenant by more than five percent of the gross periodic rent plus the average percentage increase during the preceding twelve-month period in the Western region consumer price index that is published by the United States department of labor, bureau of labor statistics. The Arizona department of housing shall post on its website the average percentage increase during the preceding twelve-month period for the Western region consumer price index. A landlord may increase rent only once in any TWELVE-month period. A city, town or county may establish a lower rate for permissible rental rate increases.

F. G. Notwithstanding section 14‑3911, the landlord may request and the tenant may provide and routinely update the name and contact information of a person who is authorized by the tenant to enter the tenant's dwelling unit to retrieve and store the tenant's property if the tenant dies. If the landlord is unable to contact the authorized person at the address and telephone number provided to the landlord by the tenant or the authorized person fails to respond to the landlord's request within ten days of initial written contact, the landlord may dispose of the property as prescribed in section 33‑1370. Before removing any of the tenant's personal property, the authorized person shall present to the landlord a valid government issued identification that confirms the identity of the authorized person. The authorized person shall have twenty days from after the date of initial written contact by the landlord or the last date for which rent is paid, whichever is longer, to remove items from the rental property and return keys to the landlord during regular business hours. If the landlord allows an authorized person to enter the property to remove the tenant's personal possessions as prescribed by this subsection, the landlord has no further liability to the tenant, the tenant's estate or the tenant's heirs for lost, damaged or stolen items. If the tenant's personal property is not entirely removed from the rental unit by an authorized person, the landlord may dispose of the property as prescribed in section 33‑1370. This subsection shall only apply if the periodic rent is unpaid and outstanding for at least five days. END_STATUTE

Sec. 4. Repeal

Section 33-1329, Arizona Revised Statutes, is repealed.

Sec. 5. Title 33, chapter 10, article 2, Arizona Revised Statutes, is amended by adding section 33-1332, to read:

START_STATUTE33-1332. Law enforcement and emergency calls; remedies

A. A LANDLORD may not:

1. Prohibit, limit or impose any monetary or other PENALTY on a tenant who requests law ENFORCEMENT or other emergency assistance on the tenant's own behalf or on behalf of a victim of a crime or other person who needs emergency assistance.

2. Terminate or threaten to terminate a tenancy, increase or threaten to increase rent or terminate or reduce services or take any other RETALIATORY action as a result of the tenant's or some other person's request for law enforcement or other emergency assistance.

B. In ADDITION to any other remedy provided by law, A landlord who violates this section is subject to an action for unlawful ouster or diminution in services pursuant to section 33-1367. END_STATUTE

Sec. 6. Section 33-1413, Arizona Revised Statutes, is amended to read:

START_STATUTE33-1413. Terms and conditions of rental agreement; rent limitations

A. At the beginning of the tenancy, a signed, written rental agreement must be executed by the landlord or designated agent and a tenant. The rental agreement shall be executed in good faith by both parties and shall not provide for the waiver of any rights given to either party by other provisions of this chapter. The rental agreement shall be for a specific period and shall include:

1. The amount of the rent.

2. The amount of any security deposit.

B. If the landlord and tenant agree to the term of the rental agreement, the rental agreement may be for any term. If the landlord and tenant disagree on the term of the rental agreement, the rental agreement shall be for twelve months. The initial term of a rental agreement may be for less than twelve months if the reason is to ensure conformity with a standard anniversary date. Any written rental agreement shall have all blank spaces completed, and executed copies of the written rental agreement shall be furnished to all parties within ten days of execution.

C. The rental agreement may include conditions not prohibited by this chapter or other rule of law governing the rights and obligations of the parties.

D. The landlord shall attach to the rental agreement a statement signed by the prospective tenant acknowledging receipt of:

1. The disclosures required in section 33‑1432.

2. A current copy of this chapter as prescribed in section 33‑1432.

3. A current copy of the rules or regulations adopted pursuant to section 33‑1452.

E. Rent shall be payable without demand or notice at the time and place agreed upon on by the parties. Periodic rent is payable at the beginning of any term of one month or less, and thereafter, unless otherwise agreed, in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent shall be uniformly apportionable from day to day.

F. A landlord shall not prohibit a tenant who is a member of the armed forces of the United States from terminating a rental agreement with less than two weeks' notice to the landlord if he the tenant receives reassignment orders which that do not allow such prior notification.

G. Notwithstanding any provision of this article to the contrary, upon on the expiration or renewal of any rental agreement, the landlord may increase or decrease the total rent or change payment arrangements. The landlord shall notify the tenant in writing by first class or certified mail or by personal delivery at least ninety days prior to before the expiration or renewal of any rental agreement of any such increase or change. Nothing in This subsection requires does not require a landlord to provide cause for any change in rent if the landlord complies with notice requirements.

H. On expiration of a written rental agreement for a specified term or written renewal of a rental agreement, tenancy is on a month‑to‑month basis unless the landlord, its designated agent or the tenant requests a new written rental agreement. If the landlord and tenant agree to the term of the rental agreement, the rental agreement may be for any term. If the landlord and tenant disagree on the term of the rental agreement, the rental agreement shall be for twelve months.

I. In addition to any other rental provisions, the landlord is entitled to a rental increase effective at the expiration or renewal of any rental agreement or effective immediately if so provided in a written rental agreement to compensate the landlord for actual costs of insurance, taxes and rate increases for utilities, which shall be substantiated by the landlord in writing to the tenant.

J. NOTWITHSTANDING the provisions of the rental agreement, beginning September 1, 2020, A landlord may not increase periodic rent for a tenant by more than five percent of the gross periodic rent plus the average percentage increase during the preceding twelve-month period in the Western region consumer price index that is published by the United States department of labor, bureau of labor statistics. The Arizona department of housing shall post on its website the average percentage increase during the preceding twelve-month period for the Western region consumer price index. A landlord may increase rent only once in any TWELVE-month period. A city, town or county may establish a lower rate for permissible rental rate increases.

J. K. As a condition of tenancy the rental agreement may require the prospective tenant to make improvements to the mobile home, including all appurtenances owned by the tenant, and to preserve or upgrade the quality of the mobile home park even if the prospective tenant is purchasing a home already located in the mobile home park. The improvements shall not exceed the requirements of the rules or regulations of the mobile home park.

K. L. Notwithstanding subsections A, B and H of this section, the tenant may demand in writing and the landlord shall offer a long‑term initial or renewal rental agreement that complies with all of the following:

1. The long‑term initial or renewal rental agreement shall be in writing and shall be for a term of four years. A long‑term rental agreement may be for a term of less than four years if the reason is to ensure conformity with a standard park anniversary date.

2. All rents and other fees due during the term of the long‑term rental agreement shall be clearly identified in the agreement.

3. The tenant has ten days from the date of receipt of the long‑term rental agreement to accept or reject the agreement. If an agreement is not signed and returned to the landlord within the ten day ten-day period, the tenant is deemed to have rejected the agreement. On rejection of the agreement, subsections A, B and H of this section apply.

L. M. The rental agreement may contain conditions regarding the removal of a mobile home from the mobile home park and the restoration of a mobile home space by a tenant or a tenant’s successor in interest after removal of the mobile home. The conditions shall not include any provisions regarding environmental liability or environmental remediation, and any environmental liability or environmental remediation requirements shall be governed as otherwise provided by law. END_STATUTE

Sec. 7. Repeal

Section 33-1416, Arizona Revised Statutes, is repealed.

Sec. 8. Title 33, chapter 11, article 2, Arizona Revised Statutes, is amended by adding section 33-1439, to read:

START_STATUTE33-1439. Law enforcement and emergency calls; remedies

A. A LANDLORD may not:

B. In ADDITION to any other remedy provided by law, A landlord who violates this section is subject to an action for unlawful ouster or diminution in services pursuant to section 33-1475. END_STATUTE