ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: COM DP 10-0-0-0

HB 2382: mobile home parks; caregivers.

Sponsor:  Representative Blackman, LD 6

Caucus & COW

Overview

Permits a disabled resident to have one or more persons occupy the mobile home to provide live-in health care, personal care or supportive services.

History

The Arizona Mobile Home Parks Residential Landlord and Tenant Act governs mobile home space rental and landlord and tenant rights and obligations (A.R.S. § 33-1402). A mobile home resident may have a person who is at least 18 years old temporarily occupy the resident’s mobile home to provide necessary live-in health care to the resident in accordance with a physician’s written treatment plan (A.R.S. § 33-1413.03).

Fair housing laws prohibit a person from discriminating in the sale or rental or denying a dwelling to any buyer or renter because of a disability of: 1) that buyer or renter; 2) a person residing in that dwelling; or 3) a person associated with that buyer or renter.  Discrimination includes a refusal to make reasonable accommodations in rules, policies, practices or services necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling (A.R.S. § 41-1491.19).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAllows a mobile home park resident who has a disability to have one or more persons occupy the resident's mobile home to provide necessary live-in health care, personal care or supportive services.

a)   Stipulates the care or services must afford the resident with an equal opportunity to use and enjoy the dwelling.

b)   Clarifies the occupancy is pursuant to state and federal fair housing laws.

c)   Removes the requirement for occupancy to be pursuant to a written treatment plan.

d)   Removes the landlord's authority to require the resident to provide a written renewal of the physician's treatment place every six months.

e)   Removes the age requirement of the person providing care or services.

f) Allows the occupancy to be temporary or permanent. (Sec. 2)

2.   Clarifies persons providing care or services:

a)   Cannot be charged a fee for providing such care or services;

b)   Have no rights of tenancy; and

c)   Must comply with the mobile home park rules and regulations. (Sec. 2)

3.   Clarifies resident does not include a person rendering necessary care or services. (Sec. 1)

4.   Makes a technical change. (Sec. 1)

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8.                     HB 2382

9.   Initials PRB           Page 0 Caucus & COW

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