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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
REVISED
long-term recreational vehicle parks; caregivers
Purpose
Authorizes a resident of a recreational vehicle (RV) rental space with a disability to have one or more persons occupy the RV to provide live-in health care, personal care or supportive services, if necessary and subject to conditions.
Background
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). A resident of an RV rental space may have one person who is at least 18 years old occupy the RV to provide necessary live-in health care to the resident pursuant to a written treatment plan prepared by the resident's physician. The landlord may not charge a fee for the person rendering 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 make and allow reasonable accommodations to rules, policies, practices or services that make common areas of the dwellings readily accessible to and usable by persons with a disability (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 resident of an RV rental space with a disability to have one or more persons occupy the RV to provide live-in health care, personal care or supportive services, if necessary to provide equal opportunity for the resident to use and enjoy the dwelling.
2. Removes the specification that a resident is allowed one person who is at least 18 years old to occupy the residence on a temporary basis to provide live-in health care.
3. Removes the requirement of a resident to retain a written treatment plan prepared by a physician.
4. Prohibits a landlord from charging a fee for persons rendering personal care or supportive services.
5. Excludes persons rendering personal care and supportive services from rights of tenancy.
6. Specifies that any agreement between the resident and persons rendering personal care and supportive services does not modify the rental agreement between the landlord and tenant.
7. Requires persons rendering personal care and supportive services to comply with rules of the RV or mobile home park.
8. 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.
9. Makes technical changes.
10. Becomes effective on the general effective date.
Revision
· Adds a fiscal impact statement.
Prepared by Senate Research
February 1, 2022
JT/CY /sr