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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
ENACTED
FACT SHEET FOR S.B. 1259/H.B. 2382
mobile home parks; caregivers
Purpose
Modifies the authorization for a mobile home resident to have a caregiver occupy the resident's mobile home.
Background
The Arizona Mobile Home Parks Residential Landlord and Tenant Act governs mobile home space rental and landlord and tenant rights and duties (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 landlord may require the resident to provide a written renewal of the physician’s treatment plan every six months and may not charge a fee for the person providing care (A.R.S. § 33-1413.03).
Federal and Arizona fair housing laws prohibit housing discrimination because of a disability of the buyer, renter, person residing in a dwelling or person associated with a buyer, renter or resident. 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 (42 U.S.C. § 3604; A.R.S. § 41-1491.19).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1.
Authorizes a mobile home resident with a disability to have one or more
persons provide
live-in health care, personal care or supportive services if necessary to
afford the resident equal opportunity to use and enjoy the dwelling, rather
than authorizing temporary live-in health care by one person according to a
physician-prepared treatment plan.
2. Removes the specification that a person providing live-in care to a mobile home resident be at least 18 years old.
3. Prohibits a landlord from charging a fee for a person providing personal care or supportive services.
4. Requires a person providing personal care or supportive services to comply with the mobile home park rules and regulations.
5. Specifies that a person providing personal care or supportive services has no tenancy rights and that an agreement between the resident and persons providing personal care or supportive services does not modify the mobile home rental agreement.
6. Defines disability as a mental or physical impairment that substantially limits at least one major life activity, a record of such an impairment or being regarded as having such an impairment.
7. Excludes, from the definition of resident as it relates to the Arizona Mobile Home Parks Residential Landlord and Tenant Act, a person rendering necessary care or services, rather than a person rendering live-in care.
8. Makes conforming changes.
9. Becomes effective on the general effective date.
Senate Action House Action
COM 1/27/21 DP 9-0-0 COM 2/2/21 DP 10-0-0-0
3rd Read 2/9/21 29-0-1 3rd Read 2/11/21 60-0-0
(S.B. 1259 was substituted for H.B. 2382 on
3rd Read)
Signed by the Governor 2/18/21
Chapter 31
Prepared by Senate Research
March 12, 2021
LB/kja