Senate Engrossed House Bill

 

 

 

State of Arizona

House of Representatives

Forty-ninth Legislature

Second Regular Session

2010

 

 

HOUSE BILL 2255

 

 

 

AN ACT

 

amending sections 33-2107, 33-2143 and 33-2148, Arizona Revised Statutes; relating to recreational vehicle long-term rental agreements.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 33-2107, Arizona Revised Statutes, is amended to read:

START_STATUTE33-2107.  Utility fees; service interruption; waste, garbage and rubbish removal fees; refunds; enforcement

A.  A landlord may charge separately for gas, water or electricity by doing either of the following:

1.  Installing a submetering system.

2.  Allocating the charges separately through a ratio utility billing system.

B.  If a landlord charges separately for gas, water or electricity by installing a submetering system:

1.  The landlord shall provide a separate meter for every user.

2.  For each billing period the cost of the charges for the period shall be separately stated, along with the opening and the closing meter readings and the dates of the meter readings.  Each bill shall show the computation of the charge generally in accordance with the serving utility company billing format for individual service supplied through a single service meter.

3.  The landlord shall not charge more than the prevailing basic service single family residential rate charged by the serving utility or provider and any other fees and taxes imposed on the landlord by the provider relating to this rate.

C.  If a landlord charges separately for gas, water or electricity pursuant to a ratio utility billing system:

1.  The landlord may recover the charges imposed on the landlord by the utility provider, except that a landlord shall not include a charge by the supplying utility for gas, water or electricity used in a common area or office if the common area or office is separately metered.  The landlord shall post in a conspicuous place on the premises the current utility usage rate and other fees imposed on the landlord by the provider. Rate under which the landlord pays for the utility service, as well as the expenses included in the administrative fee and a statement that the total administrative fee charged in the aggregate does not exceed ten per cent of the landlord's total charge during the billing period.  For the purposes of this paragraph, "charges" means the landlord's actual expense of obtaining the utility, including the taxes and fees assessed by or through the utility provider and imposed on the landlord by the utility provider.

2.   The landlord may charge an administrative fee for the landlord's actual administrative costs.  only any monthly administrative fee shall not exceed the greater of the landlord's actual administrative costs or ten per cent of the monthly charges by the utility provider in the aggregate to the landlord.  The landlord shall not impose any other additional charges.  If the landlord arranges for utility billings to be handled by a third party, the utility billings shall instead include the actual and reasonable cost charged by the third party for the service.  those third party charges shall not exceed ten per cent of the monthly charges by the utility provider for that utility in the aggregate to the landlord.  For the purposes of this paragraph, "administrative costs" includes the direct actual costs to the landlord of billing for utilities, including the cost of staff time to calculate and mail the bills, postage and stationery.

3.  The rental agreement shall contain a disclosure that lists the utility services that are charged separately charged to the tenant and shall specify the amount of any administrative fee that is associated with the use of the ratio utility billing system. state that an administrative fee covering the landlord's administrative expenses in making the calculations under the ratio utility billing system will also be assessed.  The rental agreement also shall state that total administrative fees assessed each billing period shall not exceed ten per cent of the landlord's total charges for that utility provider.

4.  Allocation shall be made on the basis of rented spaces.

D.  A landlord that is also a mobile home park as defined in section 33‑1409 shall comply with subsection A, paragraph 1 and subsection B of this section.

E.  The landlord shall provide a statement of proposed interruption of utility service to the tenants within a reasonable time, except in the case of an interruption caused by an emergency.  An emergency does not include any failure or refusal by the landlord to fulfill the duties and obligations to maintain fit premises.  A statement of proposed interruption of utility service may be provided by posting an announcement of the period of the interruption in a conspicuous place on the premises where a recreational vehicle space is located or by individual delivery to each tenant.

F.  For the purpose of regulating recreational vehicle parks as public or consecutive water systems, the state shall not adopt rules pursuant to title 49, chapter 2, article 9 that are more stringent than authorized by the federal government.  Submetering solely to determine the charges for individual water use by park tenants for the purpose of water conservation, without other evidence indicating a transaction subject to regulation under title 49, chapter 2, article 9, shall not be used as a basis for treating any recreational vehicle park as a public or consecutive water system.

G.  A landlord may charge separately for removal of waste, garbage, rubbish, refuse and trash and for sewer services.  Any charges for removal or sewer services shall not exceed the prevailing single family or residential charge, fee or rate for these services levied by the political subdivision or provider.

H.  A landlord who determines, on the landlord's own or as a result of a tenant objection, that the landlord has overcharged tenants shall refund the overcharged amount to the tenants who were overcharged and who reside in the recreational vehicle park at the time the overcharge is determined.  The refund shall be made through a credit toward future utility charges or a refund and shall be provided within sixty days.

I.  If a tenant believes that a landlord is not in compliance with this section, the tenant shall provide written notice to the landlord regarding the alleged violation of this section.  If the dispute is not resolved within thirty days after the notice is received by the landlord, the tenant may file a civil complaint in justice court to enforce this section.  In an action pursuant to this subsection, the court shall award the prevailing party court costs and reasonable attorney fees. END_STATUTE

Sec. 2.  Section 33-2143, Arizona Revised Statutes, is amended to read:

START_STATUTE33-2143.  Termination or nonrenewal of rental agreement by landlord; noncompliance with rental agreement by tenant; failure to pay rent; notice; damages; definition

A.  Except as provided in subsection F of this section, the landlord shall specify the reason or reasons for the termination or nonrenewal of any tenancy subject to this chapter.  The reason or reasons relied on for the termination or nonrenewal shall be stated in writing with specific facts, so that the date, place and circumstances concerning the reason or reasons for termination or nonrenewal can be determined.  Reference to or recital of the language of this chapter, or both, is not sufficient compliance with this subsection.

B.  Except as provided in subsection F of this section, the landlord shall not terminate or refuse to renew a rental agreement without good cause.

C.  The landlord's right to terminate or to refuse to renew a rental agreement pursuant to subsection B of this section does not arise until the landlord has complied with subsection D, E or F of this section.

D.  Except as otherwise prohibited by law:

1.  If there is a material noncompliance by the tenant with the rental agreement, the landlord shall deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days.

2.  If there is a noncompliance by the tenant materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than twenty days after receipt of the notice if the breach is not remedied in ten days.  If the breach is remediable by repair or the payment of damages or otherwise, and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement does not terminate.

3.  If there is a noncompliance by the tenant that is both material and irreparable, including an unlawful discharge of a weapon, prostitution as defined in section 13‑3211, the unlawful manufacture, sale, use, storage, transfer or possession of a controlled substance as defined in section 13‑3451, the infliction of serious bodily harm, assault as prescribed in section 13‑1203 or any other action that involves imminent serious property damage, the landlord may deliver a written notice for immediate termination of the rental agreement and proceed in a special detainer action pursuant to section 33‑1485.

4.  If a tenant engages in repetitive conduct that is the subject of notices under this subsection, after two incidents of the same type documented by the landlord within a twelve month period or after receipt by the landlord of two written complaints from other tenants about the repetitive conduct within a twelve month period, the landlord may deliver a written notice to the tenant specifying the repetitive conduct and the documentation and advising the tenant that on documentation of the next incident of the same type final notice will be given and the rental agreement or tenancy will be terminated thirty days after the date of the notice.

5.  If a tenant has been involved in three or more documented incidents of conduct of any type described in this section within a twelve month period, the landlord may deliver a written notice to the tenant specifying the conduct and the documentation and advising the tenant that on documentation of the next incident final notice will be given and the rental agreement or tenancy will be terminated thirty days after the date of the notice.

E.  If rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement.  Before judgment in an action brought by the landlord under this subsection, the tenant may have the rental agreement reinstated by tendering the past due but unpaid periodic rent, reasonable attorney fees incurred by the landlord and court costs, if any.

F.  Except for those recreational vehicles that are park trailers as prescribed in section 33-2102, a landlord may refuse to renew a rental agreement without good cause by serving written notice to the tenant at least ninety days before the end of the rental agreement.  In that event, the tenant must vacate the premises on or before the end of the rental agreement. For park trailers only, a landlord may refuse to renew or may terminate a rental agreement only with good cause.

G.  For the purposes of this section, "good cause" means:

1.  Noncompliance with any provision of the rental agreement.

2.  Nonpayment of rent.

3.  Clear and convincing evidence that a tenant has repeatedly violated this chapter and established a pattern of noncompliance with this chapter.

4.  Change in use of land. END_STATUTE

Sec. 3.  Section 33-2148, Arizona Revised Statutes, is amended to read:

START_STATUTE33-2148.  Retaliatory conduct prohibited; eviction

A.  Except as provided in this section, a landlord shall not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for eviction after any of the following:

1.  The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation that applies to the premises and that materially affects health and safety.

2.  The tenant has complained to the landlord of a violation under this chapter.

3.  The tenant has organized or become a member of a tenants' union or similar organization.

4.  The tenant has filed an action seeking relief pursuant to section 33-2107 or has filed any other action against the landlord in an appropriate court.

B.  If the landlord acts in violation of subsection A of this section, the tenant is entitled to an amount equal to two months' periodic rent and twice the actual damages sustained by the tenant and has a defense in action against the landlord for eviction, unless the landlord proves good cause for the landlord's action.

C.  Notwithstanding subsections A and B of this section, a landlord may bring an action for eviction if either of the following occurs:

1.  The violation of an applicable building or housing code was caused primarily by lack of reasonable care by the tenant or another person in the tenant's household or who was on the premises with the tenant's consent.

2.  The tenant is in default in rent.  The filing of an action does not release the landlord from liability pursuant to section 33‑2141, subsection B.END_STATUTE