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REFERENCE TITLE: residences; mobile homes; prohibited disclosures |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021 |
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SB 1435 |
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Introduced by Senators Quezada: Rios, Steele
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AN ACT
AMENDING Title 33, chapter 10, article 1, Arizona Revised Statutes, by adding section 33-1319.01; amending Title 33, chapter 11, article 1, Arizona Revised Statutes, by adding section 33-1420; relating to residential rental properties.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 33, chapter 10, article 1, Arizona Revised Statutes, is amended by adding section 33-1319.01, to read:
33-1319.01. Leasing practices; discrimination; criminal history; exceptions; rehabilitation; remedies
A. Notwithstanding any other law, for a landlord that owns five or more dwelling units that are subject to this chapter, a landlord may not inquire about, consider or require disclosure of the criminal history record of an applicant for tenancy during the leasing process unless both of the following conditions apply:
1. The inquiry about, consideration of or requirement of disclosure of the applicant's criminal history record takes place only after the applicant has received a conditional offer of tenancy from the landlord.
2. The inquiry about, consideration of or requirement of disclosure of the applicant's criminal history record is for only the period of the seven most recent consecutive years preceding the date that the conditional offer of tenancy is made to the applicant.
B. The prohibition in subsection A of this section does not apply to a conviction for:
1. A crime for which the person is required to register pursuant to section 13-3821.
2. A crime involving arson.
3. A crime involving damage to a building or other structure.
4. a crime involving the landlord or the landlord's property.
C. If the applicant for tenancy DISCLOSES a crime, The landlord shall provide the applicant a reasonable opportunity to present evidence of rehabilitation or other mitigating factors regarding the conviction, including satisfactory compliance with all terms and conditions of parole or probation, employer recommendation, especially postconviction employment, educational attainment or vocational or professional training since the conviction, completion or active participation in alcohol, drug or similar rehabilitative treatment programs and recommendations from teachers, counselors, case managers, probation or parole officers and community organizations. Successful completion of parole, probation, mandatory supervision or community supervision establishes a presumption of rehabilitation. The landlord shall consider the evidence of rehabilitation in making decisions regarding the tenancy.
D. The landlord may not retaliate against the applicant or any other tenant for making a complaint against the landlord regarding noncompliance with this section. A landlord who fails to comply with this section is liable to the applicant or tenant under section 33-1367. An applicant is deemed to be a tenant for purposes of that section and may file an action for unlawful ouster and damages.
Sec. 2. Title 33, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 33-1420, to read:
33-1420. Leasing practices; discrimination; criminal history; exceptions; rehabilitation; remedies
A. Notwithstanding any other law, for a landlord that owns a mobile home park that is subject to this chapter and that has five or more rental units, a landlord may not inquire about, consider or require disclosure of the criminal history record of an applicant for tenancy during the leasing process unless both of the following conditions apply:
1. The inquiry about, consideration of or requirement of disclosure of the applicant's criminal history record takes place only after the applicant has received a conditional offer of tenancy from the landlord.
2. The inquiry about, consideration of or requirement of disclosure of the applicant's criminal history record is for only the period of the seven most recent consecutive years preceding the date that the conditional offer of tenancy is made to the applicant.
B. The prohibition in subsection A of this section does not apply to a conviction for:
1. A crime for which the person is required to register pursuant to section 13-3821.
2. A crime involving arson.
3. A crime involving damage to a building or other structure.
4. A crime involving the landlord or the landlord's property.
C. If the applicant for tenancy discloses a crime, the landlord shall provide the applicant a reasonable opportunity to present evidence of rehabilitation or other mitigating factors regarding the conviction, including satisfactory compliance with all terms and conditions of parole or probation, employer recommendation, especially postconviction employment, educational attainment or vocational or professional training since the conviction, completion or active participation in alcohol, drug or similar rehabilitative treatment programs and recommendations from teachers, counselors, case managers, probation or parole officers and community organizations. Successful completion of parole, probation, mandatory supervision or community supervision establishes a presumption of rehabilitation. The landlord shall consider the evidence of rehabilitation in making decisions regarding the tenancy.
D. The landlord may not retaliate against the applicant or any other tenant for making a complaint against the landlord regarding noncompliance with this section. A landlord who fails to comply with this section is liable to the applicant or tenant under section 33-1475. An applicant is deemed to be a tenant for purposes of that section and may file an action for unlawful ouster and damages.