Arizona Fair Housing Act Q & A

Arizona Fair Housing Act Q & A

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Purpose of the Arizona Fair Housing Act
1. What is the purpose of the Act?
The purpose of the Act is to take those steps necessary to eliminate discrimination in housing because of an individual’s race, color, religion, sex, national origin, handicap or familial status. The Act identifies unlawful housing related practices and establishes a statutory scheme to resolve housing discrimination complaints as the local level in a timely, cost efficient and effective manner.

2. Does the Arizona Fair Housing Act provide the same protection as the Federal Fair Housing Act of 1988?
The Arizona Fair Housing Act provides substantially the same substantive protections as the federal act. It provides different procedures for the administrative complaint processing than the federal act provides.

Relationship to the Arizona Residential Landlord and Tenant Act
3. How does the Arizona Fair Housing Act affect the Arizona Residential Landlord and Tenant Act?
In addition to providing new protections under the Arizona Civil Rights Act, the Arizona Fair Housing Act also amends the Arizona Residential Landlord and Tenant Act to bring that Act into compliance with the new Arizona housing law.

4. In what way does the Arizona Fair Housing Act amend the Arizona Residential Landlord and Tenant Act?
The amendment does two things:

- It permits enforcement of restrictive covenants against the sale of property to persons who have a child or children living with them to ONLY those dwellings which are occupied or intended to be occupied by no more than four families AND in which the owner maintains and occupies one of the living quarters as the owner’s residence; and

- It limits the restriction for rentals to families with children to those situations where the rental meets the definition of housing for older persons established at A.R.S. § 41-1491.04.

Coverage of the Arizona Fair Housing Act
5. What else does the Arizona Fair Housing Act do?
Except in specific situations, it prohibits discrimination in the sale or rental of a dwelling because of an individual’s race, color, religion, sex, national origin, handicap, or familial status.

6. What does the Act refer to when it makes it unlawful to discriminate in the sale or rental of a dwelling?
Several specific kinds of actions are prohibited by this Section. If the seller or renter is motivated by a handicap or familial status, the Act makes it unlawful:

a. to refuse to sell or rent a dwelling after a bona fide offer has been made; or

b. to refuse to negotiate for the sale or rental of a dwelling; or

c. to otherwise make unavailable or deny a dwelling to any person; or

d. to discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling; or

e. to discriminate against any person in providing services or facilities in connection with the sale or rental of a dwelling.

7. How does the Act define a “dwelling”?
A dwelling includes:

a. any building, structure or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one or more families; or

b. any vacant land that is offered for sale or lease for the construction or location of a building, structure or part of a building or structure described above.

8. Is it lawful to advertise a preference based on an individual’s race, color, religion, sex, national origin, handicap, or familial status?
No. The Fair Housing Act makes it unlawful to make, print or publish or cause to be made, printed or published any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention to make such a preference, limitation or discrimination.

9. Is the seller or lessor entitled to limit who may inspect a dwelling?
The Act says that a person may not represent to any person because of race, color, religion, sex, handicap, familial status or national origin that a dwelling is not available for inspection for sale or rental if the dwelling is in fact available for inspection.

10. Is it lawful to encourage persons to sell or rent dwellings based on the changing nature of a neighborhood?
The Act says that it is unlawful, FOR PROFIT, for a person to induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry into a neighborhood of a person or a particular race, color, religion, sex, handicap, familial status or national origin.

11. Is there a term describing the practice described above?
Yes. It is called blockbusting.

12. What other practices are prohibited by the Arizona Fair Housing Act?
Several. These include:

a. intimidation, coercion, threats or interference with persons in the exercise or enjoyment of any right granted or protected under this Act; and

b. intimidation, coercion, threats or interference with persons because they have aided or encouraged any other person in the exercise or enjoyment of any right granted or protected under this Act; and

c. discrimination in any real estate related transaction; and

d. discrimination in the provision in multiple listing services, real estate brokers’ organization or other service or in any organization or facility relating to the business of selling or renting dwellings; and

e. discrimination against any person in the terms or conditions or access, membership or participation in any such organization, service or facility because of race, color, religion, sex, national origin, handicap or familial status; and

f. discrimination due to handicap.

13. What does the Act mean when it prohibits discrimination in any real estate related transaction?
The Act says that a person whose business includes engaging in residential real estate related transactions may not discriminate against a person in making a real estate related transaction available or in the terms or conditions of a real estate related transaction because of race, color, religion, sex, national origin, handicap or familial status. For purposes of the Act it defines a ‘residential real estate related transaction’ as:

a. making or purchasing loans or providing other financial assistance either to purchase, construct, improve, repair or maintain a dwelling; or to secure residential real estate

b. selling, brokering or appraising residential real property.

14. How does the Act define ‘handicap’?
‘Handicap’ means a mental or physical impairment that substantially limits at least one major life activity, a record of such impairment, or being regarded as having such an impairment. ‘Handicap’ does not include current illegal use of or addiction to any drug or illegal or federally controlled substance. It is defined as that term is defined in the Americans with Disabilities Act of 1990.

15. How does the Americans with Disabilities Act define handicap?
Under the Americans with Disabilities Act of 1990, a disability is:

a. a physical or mental impairment that substantially limits one or more of the major life activities of such individual; or

b. a record of such an impairment; or

c. being regarded as having such an impairment.

It specifically excludes the following categories of individuals:

a. Individuals who are currently engaging in the illegal use of drugs, as defined in schedules I through V of the Controlled Substances Act (21 U.S.C. § 812). An individual is not considered to be currently engaging in the illegal use of drugs when any of the following occur:
- the individual has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of drugs;

- the individual is participating in a supervised rehabilitation program and is no longer engaging in such use; or

- the individual is erroneously regarded as engaging in such use, but is not engaged in such use;
b. transvestitism, transexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; or

c. compulsive gambling, kleptomania, or pyromania, or

d. psychoactive substance use disorders resulting from current illegal use of drugs; or

e. homosexuality and bisexuality.

16. What is unlawful handicap discrimination under the Arizona Fair Housing Act?
In addition to the other things listed above, it is unlawful handicap discrimination:

a. to discriminate in the sale or rental or otherwise to make unavailable or deny a dwelling to any buyer or renter because of a handicap of:
- that buyer or renter; or

- a person residing in or intending to reside in that dwelling after it is sold, rented or made available; or

- a person associated with that buyer or renter.
b. to discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling because of a handicap of:
- that buyer or renter; or

- a person residing in or intending to reside in that dwelling after it is sold, rented or made available; or

- a person associated with that buyer or renter.

c. to refuse to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises, PROVIDED THAT, in the case of a renter, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;

d. to refuse to make reasonable accommodations in rules, policies, practices or services if the accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling;

e. in connection with the design and construction of covered multi-family dwellings for first occupancy after the date that is 30 months after the enactment of the Federal Fair Housing Act, a failure to design and construct those dwellings in a manner that includes all of the following:
- the public use and common use portions of the dwellings are readily accessible to and usable by handicapped persons;

- all the doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs;

- all premises within the dwellings contain the following features of adaptive design;

. an accessible route into and through the dwelling;

. light switches, electrical outlets, thermostats and other environmental controls in accessible locations.

. reinforcements in bathroom walls to allow later installation of grab bars;

. usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the place.

17. How can a landlord or seller know whether he or she is in compliance with the Federal Fair Housing Act accessibility requirements for new dwellings?
Compliance with the appropriate requirements of the Fair Housing Accessibility Guidelines established by the United States Department of Housing and urban Development satisfies these standards.

18. Do the prohibitions of handicap mean that a landlord or seller must sell or lease property to an individual whose tenancy would be dangerous to others?
The Act provides that no dwelling must be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial damage to the property of others.

Discrimination because of Familial Status
19. What is unlawful discrimination on the basis of familial status?
The Arizona Fair Housing Act makes it unlawful to discriminate against any person because the person who is the subject of discrimination is:

a. pregnant;

b. domiciled with an individual younger than 18 years of age in regard to whom that person is either;
- the parent or legal custodian; or

- has the written permission of the parent or legal custodian for domicile with that person;
c. in the process of obtaining legal custody of an individual younger than 18 years of age.

20. Are there exceptions to the provisions making it unlawful to discriminate against a person because of familial status?
Yes. There is both a general exception and a specific exception in the Act.

21. What is the specific exception?
The Act says that the provisions relating to familial status do not apply to housing for older persons.

Housing for Older Persons
22. What is housing for older persons?

a. Housing which is specifically designed and operated to assist elderly persons under a federal or state program; or

b. Housing which is intended for, and solely occupied by persons 62 years of age or older; or

c. Housing which is intended for and operated for occupancy by at least one person 55 years of age or older per unit. To meet these requirements the respondent must demonstrate three factors:

- the existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or, if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and

- that at least 80% of the units are occupied by at least one person 55 years of age or older per unit; and
- the publication of and adherence to policies and procedures that demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.

General Exemptions in the Arizona Fair Housing Act
23. What is the general exemption?
None of the provisions of the Arizona Fair Housing Act apply if the respondent is exempt form its coverage. To demonstrate an exemption, a party must show one of the following:

a. The sale or rental involved a single family house sold or rented by an owner; and
- the owner does not own more than three single family houses at any one time; and

- the owner does not own any interest in a title or any right to any part of the proceeds from the sale or rental of more than three single family homes at any one time; and

- the house was sold or rented without EITHER the use of the sales or rental facilities of a real estate broker, agent or salesperson OR the facilities or services of the owner of a dwelling designed or intended for occupancy by five or more families; and

- the house was sold or rented without the publication, posting or mailing of a notice, statement or advertisement; and

- the owner made only one sale or rental in a 24-month period unless the owner was the most recent resident of the house at the time of the sale or rental.
b. The sale or rental involved units or rooms in a dwelling containing living quarters occup0ied or intended to be occupied by no more than four families living independently of each other AND the owner maintains and occupies one of the living quarters as the owner’s residence.

c. The owner or lessor is a religious organization, association or society or a nonprofit institution or organization operated, supervised or controlled by a religious organization, association or society which

- limits the sale, rental or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion; or

- gives preference to persons of the same religion, EXCEPT when membership in that religion is restricted because of race, color or national origin.

d. The owner or lessor is a private club that is not open to the public and that, incident to its primary purpose, provides lodging that it owns or operates for other than a commercial purpose when it:

- limits the rental or occupancy of that lodging to its members; or

- gives preference to its members with respect to that rental or occupancy.

Prepared by:
State of Arizona
Assistant Attorney General
Judy Drickey-Prohow



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