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REFERENCE TITLE: landlord tenant; evictions; assistance. |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SB 1574 |
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Introduced by Senators Terán: Alston, Gabaldón, Mendez, Sundareshan; Representative Salman
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An Act
amending section 12-1178, Arizona Revised Statutes; appropriating monies; relating to evictions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-1178, Arizona Revised Statutes, is amended to read:
12-1178. Judgment; writ of restitution; limitation on issuance and enforcement; criminal violation; notice
A. If the defendant is found guilty of forcible entry and detainer or forcible detainer, the court shall give judgment for the plaintiff for restitution of the premises, for all charges stated in the rental agreement and for damages, attorney fees, court and other costs and, at the plaintiff's option, all rent found to be due and unpaid through the periodic rental period, as described in section 33-1314, subsection C, as provided for in the rental agreement, and shall grant a writ of restitution. The person designated by the judge to prepare the judgment shall ensure that the defendant's social security number is not contained on the judgment.
B. If the defendant is found not guilty of forcible entry and detainer or forcible detainer, judgment shall be given for the defendant against the plaintiff for damages, attorney fees and court and other costs, and if it appears that the plaintiff has acquired possession of the premises since commencement of the action, a writ of restitution shall issue in favor of the defendant.
C. No A writ of restitution shall not issue until the expiration of five calendar days after the rendition of judgment. The writ of restitution shall not be enforced as promptly and expeditiously as possible until at least seven calendar days after the date that the writ of restitution is issued. The issuance or enforcement of a writ of restitution shall not be suspended, delayed or otherwise affected by the filing of a motion to set aside or vacate the judgment or similar motion unless a judge finds good cause.
D. A defendant who is lawfully served with a writ of restitution and who remains in or returns to the dwelling unit, as defined in section 33-1310, or remains on or returns to the mobile home space, as defined in section 33-1409, or the recreational vehicle space, as defined in section 33-2102, without the express permission of the owner of the property or the person with lawful control of the property commits criminal trespass in the third degree pursuant to section 13-1502.
E. If the defendant is found guilty of forcible entry and detainer or forcible detainer, the court shall give the defendant notice that a defendant who is lawfully served with a writ of restitution and who remains in or returns to the dwelling unit or remains on or returns to the mobile home space or the recreational vehicle space without the express permission of the owner of the property or the person with lawful control of the property commits criminal trespass in the third degree pursuant to section 13-1502.
Sec. 2. Appropriation; department of economic security; rental assistance; exemption
A. The sum of $290,000,000 is appropriated from the state general fund in fiscal year 2023-2024 to the department of economic security to distribute for rental assistance. The department shall allocate at least $10,000,000 of the amount appropriated pursuant to this section to distribute for rental assistance to persons who are at least sixty-five years of age.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.