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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
study committee; eviction prevention
Purpose
Establishes the Study Committee on Statewide Eviction Prevention and Housing Affordability (Study Committee).
Background
If there is a material noncompliance by the tenant with the rental agreement, including material falsification of the information provided on the rental application, the landlord may deliver a written notice to the tenant specifying the breach and that the rental agreement will terminate in no less than 10 days after receipt of the notice if the breach is not remedied. If there is noncompliance by the tenant that affects health and safety, the landlord may deliver a written notice to the tenant specifying the breach and that the rental agreement will terminate within 5 days of receipt of the notice if the breach is not remedied. If there is a breach that is both material and irreparable on the premises, the landlord may deliver a written notice for immediate termination of the rental agreement and file a special detainer action (A.R.S. § 33-1368).
Special detainer actions are instituted as a remedy for tenant noncompliance with rental agreements. The summons must be issued on the day the complaint is filed and commands the person against whom the complaint is made to appear and answer the complaint at the time and place named. If the defendant is found guilty, the court must give judgment for the plaintiff for restitution of the premises, late charges stated in the rental agreement, costs and, at the plaintiff's option, all rent found to be due and unpaid through the periodic rental period provided for in the rental agreement. If the defendant is found not guilty, the court must give judgment for the defendant for costs and a writ of restitution for the defendant if it appears that the plaintiff has acquired possession of the premises since commencement of the action (A.R.S. § 33-1377).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes the Study Committee, consisting of the following members:
a) two members of the Senate who are appointed by the President of the Senate from different political parties, with one member being designated as Co-Chairperson;
b) two members of the House of Representatives who are appointed by the Speaker of the House of Representatives from different political parties, with one member being designated as Co-Chairperson;
c) the Director of the Arizona Department of Housing (ADOH) or the Director's designee;
d) the Chief Justice of the Arizona Supreme Court or the Chief Justice's designee;
e) the following members appointed by the President of the Senate:
i. one county constable from a county with a population of 850,000 persons or more;
ii. one representative from a statewide housing advocacy organization;
iii. one representative of a county housing authority from a county with a population of more than 1,500,000 persons;
iv. one representative from a city or county-wide nonprofit organization with experience distributing rental or other assistance to tenants;
v. one representative from a statewide property owners association;
vi. one representative from a state university who researches poverty and income inequality or racial equality issues; and
vii. one representative of a county housing authority from a county with a population of fewer than 850,000 persons; and
f) the following members appointed by the Speaker of the House of Representatives:
i. one county constable from a county with a population of fewer than 850,000 persons;
ii. one representative from a state university who researches statewide housing affordability issues;
iii. one representative of a county housing authority from a county with a population of more than 850,000 persons but fewer than 1,500,000 persons;
iv. one representative of small property landlords of fewer than 25 housing units;
v. one representative from a state university who researches issues of housing affordability, poverty and racial equity; and
vi. a representative from a Tribal, African American, Hispanic, Latino or other historically disadvantaged community.
2. Requires the Study Committee to meet quarterly or more frequently, as the Co-chairpersons deem necessary.
3. Requires the Study Committee to:
a) conduct a comprehensive study to determine how Arizona can reduce eviction filings and mitigate the costs, both financial and personal, to tenants and landlords, attributable to Arizona's current eviction process;
b) review policies, statutes and practices that impact evictions both before court action as well as during the court process;
c) explore opportunities for Arizona to develop a system that ensures tenants understand their rights under the law and have access to equitable support in the justice court system;
d) gather data on rental and home pricing and conduct research on housing affordability issues in Arizona;
e) propose revisions to statutes to reduce eviction filings and that include policy measures to improve housing affordability in Arizona.
f) identify state resources that can be devoted to improving the court process pertaining to evictions and addressing housing affordability needs;
g) propose legislation to address issues identified by the Study Committee; and
h) submit a report, by December 1, 2023, of the Study Committee's activities and recommendations for administrative or legislative action to the Governor, the President of the Senate, the Speaker of the House of Representatives and the Secretary of State.
4. Repeals the Study Committee on November 1, 2024.
Prepared by Senate Research
February 13, 2023
JT/PM/sr