ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session
	Senate: COM DP 9-0-0-0 | 3^rd Read DP 28-0-2-0 House: COM DP 10-0-0-0 | 3^rd Read DP 57-0-3-0

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SB 1257: long-term recreational vehicle parks; caregivers

Sponsor: Senator Mesnard, LD 17

Transmitted to the Governor

Overview

Modifies the authorization for residents of an RV rental space allowing occupancy of caregivers.

History

The Arizona Recreational Vehicle Long-Term Rental Space Act regulates and determines rights, obligations and remedies for an RV space that is rented under a rental agreement in an RV or mobile home park by the same tenant for more than 180 consecutive days (A.R.S. § 33-2101).

Current statute directs a landlord to adopt written rules concerning the use and occupancy of the RV park premises by tenants.  Further, statute permits a resident of an RV rental space to have an adult occupy an RV on a temporary basis to provide live-in health care to the resident in accordance with a physician's written treatment plan.  The landlord may not charge a fee to the person providing care, but may require the resident to provide a written renewal of the physician's treatment plan every six months (A.R.S. § 33-2132).

Federal and state fair housing laws prohibit discrimination in rental agreements on the basis of disability of the resident or anyone associated with the resident. Housing discrimination includes refusal to permit reasonable accommodations of existing premises occupied by the person if the modifications are necessary to afford the person full enjoyment of the premises (A.R.S. § 41-1491.19; 42 U.S.C. § 3604).

Disability means 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 (A.R.S. § 41-1491).

Provisions

1. Amends the caregiver occupancy permissions for an RV rental space to allow a disabled resident to have one or more persons occupy the RV to provide live-in health care if the care is necessary to afford the resident an equal opportunity to use and enjoy the dwelling. (Sec. 1)

2. Broadens the care provided to include personal care and supportive services. (Sec. 1)

3. Removes the restrictions that the person providing the care be at least 18 years of age and occupy the RV on a temporary basis. (Sec. 1)

4. Removes language relating to a physician's written treatment plan. (Sec. 1)

5. Clarifies a person providing personal care or supportive services:

a) May not be charged a fee by the landlord for providing care;

b) Has no rights of tenancy; and

c) Must comply with the rules of the park. (Sec. 1)

6. Makes technical changes. (Sec. 1)

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10.                   SB 1257

11. Initials PRB/JL      Page 0 Transmitted

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