ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
hotel; motel; vouchers; homeless; prohibition
Purpose
Prohibits a city, town, county or the Arizona Department of Housing (ADOH) from requiring a hotel or motel to participate in a program that houses homeless individuals or families in an unoccupied guest room through the use of a housing voucher.
Background
ADOH is responsible for establishing policies, procedures and programs to address affordable housing issues confronting Arizona, including housing issues of: 1) low income families; 2) moderate income families; 3) housing affordability; 4) special needs populations; and 5) decaying housing stock. ADOH must provide to qualified housing participants and political subdivisions financial, advisory, consultative, planning, training and educational assistance for the development of safe, decent and affordable housing, including housing for low and moderate income households. Statute outlines the duties of ADOH, including: 1) establishing guidelines for programs and activities of ADOH for the construction and financing of affordable housing and housing for low and moderate income households; 2) accepting and allocating monies appropriated by the Legislature; 3) conducting research on its own initiative or at the request of the Governor, the Legislature, state or local agencies pertaining to ADOH objectives; 4) consulting with and making recommendations to the Governor and the Legislature on all matters concerning ADOH objectives; and 5) making annual reports to the Governor and the Legislature on its activities, including the location of its activities, its finances and the scope of its operations. ADOH must implement all existing laws and regulations established by the federal government, its agencies and the State of Arizona (A.R.S. § 41-3953).
The federal Housing
Choice Voucher Program (Program) assists
low-income families, the elderly and persons with disabilities to afford safe
and sanitary housing in the private market. Program participants are able to
find their own housing because housing assistance is provided on behalf of the
family or individual. A family that is issued a housing choice voucher is
responsible for finding housing of the family's choice where the owner agrees
to rent under the Program. Rental units must meet minimum standards of health
and safety as determined by ADOH. A rental subsidy is paid to the owner by ADOH
on behalf of the family. The family must pay approximately 30 percent of the
household income as the difference between the contract rent approved for the
owner and the amount subsidized by the program (HUD).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a city, town, county or ADOH from requiring a hotel or motel to participate in any program that houses homeless individuals or families in an unoccupied guest room through the use of a housing voucher.
2. Defines homeless individuals or families as individuals or families who lack a fixed, regular and adequate nighttime residence or who have a primary nighttime residence in a shelter, on the street, in a park, in a vehicle or in an enclosure that is not authorized for human habitation.
3. Defines hotel or motel as an establishment that provides for payment temporary lodging in the form of overnight accommodations in guest rooms to transient patrons.
4. Makes technical changes.
5. Becomes effective on the general effective date.
House Action
GOV 2/1/23 DP 5-4-0-0
3rd Read 2/21/23 31-29-0
Prepared by Senate Research
March 24, 2023
AN/slp