Arizona’s fair housing laws are designed to ensure that everyone has equal access to housing and is protected from discrimination. Here’s what tenants should know about their rights and protections under these laws:
Who Is Protected?
Arizona follows the federal Fair Housing Act (FHA), which prohibits discrimination based on:
Race
Color
National Origin
Religion
Sex
Disability
Familial Status (families with children under 18 or pregnant women)
Additionally, some local jurisdictions in Arizona may offer protections for other classes, such as sexual orientation, gender identity, age, or marital status.
What Actions Are Prohibited?
Under Arizona’s fair housing laws, it is illegal for landlords, property managers, or real estate professionals to:
Refuse to rent, sell, or negotiate housing based on protected characteristics.
Set different terms, conditions, or privileges for housing based on protected characteristics.
Advertise or make statements indicating a preference or limitation based on protected classes.
Deny access to or use of facilities or services normally available to tenants.
Refuse to make reasonable accommodations for tenants with disabilities (such as allowing service animals or modifications to the unit).
Retaliate or harass tenants who exercise their fair housing rights or file complaints.
Reasonable Accommodations and Modifications
Reasonable Accommodations: Landlords must allow changes to rules, policies, or practices to give tenants with disabilities equal opportunity to use and enjoy the property (e.g., allowing a service animal in a no-pet building).
Reasonable Modifications: Tenants with disabilities may request physical changes to their unit or common areas (such as installing grab bars or ramps). The tenant usually pays for these modifications but may be required to restore the property when they move out, if reasonable.
How Are Fair Housing Laws Enforced?
Arizona Attorney General’s Office: This office investigates and resolves housing discrimination complaints. Tenants who believe they have been discriminated against can file a complaint within one year of the incident.
U.S. Department of Housing and Urban Development (HUD): HUD also investigates complaints and works with state agencies to enforce fair housing laws.
Local Agencies: Some counties and cities have their own fair housing enforcement or education programs.
What Should Tenants Do If They Experience Discrimination?
Document the Incident: Keep records of any discriminatory actions or statements.
File a Complaint: Contact the Arizona Attorney General’s Civil Rights Division or HUD to file a complaint.
Seek Legal Advice: Consider consulting with a legal aid organization or attorney for guidance.
Summary Table
Right/Protection | Tenant Action/Note |
---|---|
Equal access to housing | Cannot be denied based on protected characteristics |
Reasonable accommodations/modifications | Request from landlord; service animals must be allowed |
Filing a complaint | Contact AG’s office or HUD within one year |
Protection from retaliation/harassment | Landlords cannot retaliate for exercising fair housing rights |
Key Takeaways
Arizona’s fair housing laws protect tenants from discrimination based on race, color, national origin, religion, sex, disability, and familial status.
Landlords must provide reasonable accommodations and modifications for tenants with disabilities.
Tenants can file complaints with the Arizona Attorney General or HUD if they experience discrimination.
Retaliation or harassment for exercising fair housing rights is illegal.
By understanding these protections, tenants can ensure they are treated fairly and have recourse if their rights are violated.
Sources:
- https://www.tucsonfoothills.com/blog/arizona-fair-housing-act
- https://markrent.com/arizona-fair-housing-act/
- https://propertyplususa.com/2022/04/arizona-fair-housing-act/
- https://housing.az.gov/general-public/fair-housing
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