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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
rental housing; income source discrimination.
Purpose
Prohibits a landlord from using the source of income of a prospective or current tenant to make unavailable or deny a rental unit to the prospective or current tenant who is otherwise eligible to rent the property.
Background
The Arizona Residential Landlord and Tenant Act is established to: 1) simplify, clarify, modernize and revise the law governing the rental of dwelling units and the rights and obligations of landlord and tenant; and 2) encourage landlord and tenant to maintain and improve the quality of housing (A.R.S. §§ 33-1301 and 33-1302). A landlord and tenant may include any terms and conditions in a rental agreement, except those that are prohibited by law (A.R.S. § 33-1314). A person is deemed guilty of a petty offense if the person knowingly refuses to rent a dwelling unit to another person for the reason that the other person has a child or children, or advertises a restriction against children in connection with the rental, either by the display of a sign, placard or written or printed notice, or by publication in a newspaper (A.R.S. § 33-1317).
Under the Arizona Fair Housing Act, a person may not, because of race, color, religion, sex, familial status or national origin: 1) refuse to sell or rent after a bona fide offer has been made or refuse to negotiate for the sale or rental of or otherwise make unavailable or deny a dwelling to a person; or 2) discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental. The Civil Rights Division of the Arizona Attorney General's Office investigates and resolves housing discrimination complaints under the Arizona Fair Housing Act (A.R.S. Title 41, Ch. 9, Art. 7).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a landlord from using the source of income of an otherwise eligible prospective or current tenant to do the following:
a) refuse to rent a rental property to a prospective or current tenant;
b) evict or otherwise terminate the rental agreement of a prospective or current tenant;
c) make any distinction or restriction or otherwise discriminate against a prospective or current tenant in the price, terms, conditions, fees or privileges relating to the rental or occupancy of the rental premises or in the furnishing of any facilities or services in connection with the rental of the premises;
d) attempt to discourage renting the property to a prospective or current tenant;
e) represent to any person that the rental premises are not available for inspection or rental when the rental premises are available;
f) coerce, intimidate, threaten or interfere with any person exercising or enjoying any right granted or protected by source of income requirements or as a result of the person having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected;
g) assist, induce, incite or coerce another person to commit an act or engage in a practice that violates source of income requirements; and
h) in any other manner make unavailable or deny a rental unit to a prospective or current tenant who is otherwise eligible to rent the property, except for the person's source of income.
2. Prohibits a landlord from making, printing or publishing or causing to be made, printed or published any notice, statement or advertisement with respect to renting a dwelling unit that indicates any preference, limitation or discrimination because a person relies on rental payments derived from any government or private assistance, grant or loan program or income derived from any lawful profession or occupation.
3. Directs a landlord who requires that a prospective or current tenant meet a certain threshold level of income to subtract any source of income in the form of a rent voucher or subsidy from the total of the monthly rent before calculating whether the income criteria have been met.
4. Deems a violation of the source of income requirements as an unlawful practice under consumer fraud statute.
5. Allows the Attorney General to investigate any violations of the source of income requirements on a landlord and take appropriate action as prescribed under fair housing statutes or consumer fraud statutes.
6. Defines source of income as benefits or subsidy programs, including section 8 housing choice voucher assistance, housing assistance, public assistance, emergency rental assistance, veterans' benefits, social security or supplemental security income or benefits or other retirement programs, and other programs administered by any federal, state, local, private or nonprofit entity.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 13, 2023
JT/FB/sr