Senate Engrossed House Bill

 

 

 

 

State of Arizona

House of Representatives

Fiftieth Legislature

First Regular Session

2011

 

 

HOUSE BILL 2558

 

 

 

AN ACT

 

amending section 9‑1304, Arizona Revised Statutes; amending title 33, chapter 9, article 3, Arizona Revised Statutes, by adding section 33‑1262; amending title 33, chapter 16, article 1, Arizona Revised Statutes, by adding section 33‑1817; relating to rental property.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



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

Section 1.  Section 9-1304, Arizona Revised Statutes, is amended to read:

START_STATUTE9-1304.  Adoption of citywide residential rental property licensing, registration or inspection program; requirements

A.  A city or town may adopt a citywide residential rental property inspection program only if the following occurs:

1.  The city or town conducts a public hearing and adopts the rental property inspection program ordinance or resolution at a regularly held city or town council meeting that occurs at least thirty days after the public hearing.

2.  The ordinance or resolution is adopted by at least a three-fourths vote of the entire council.

3.  The city or town notifies all owners of residential rental properties who are then currently registered with the county assessor of the county in which the property is located.

4.  The notice to owners is mailed by first class mail at least twenty days in advance of the required public hearing.

5.  A notice of the public hearing is published in a local newspaper of general circulation and any official municipal web site not less than two weeks before the required public hearing.

B.  A city or town shall not adopt is prohibited from requiring a residential rental licensing requirement license or business license for residential rental properties or property owners.  This subsection does not prohibit a city or town that imposes a sales tax on rent from requiring a transaction privilege tax license for residential rental property owners.  A city or town that utilizes the services of the department of revenue to collect the transaction privilege tax for residential rental property is prohibited from requiring a residential rental property or property owner to also be licensed with the city or town.  A city or town is prohibited from requiring a fingerprint clearance card from a residential rental property owner or manager.

C.  A city or town shall not adopt is prohibited from requiring a residential rental registration requirement owner or property manager to register the residential rental property with the city or town.  A city or town shall obtain rental registration information only from the county assessor's office for the county in which the residential rental property is located. END_STATUTE

Sec. 2.  Title 33, chapter 9, article 3, Arizona Revised Statutes, is amended by adding section 33-1262, to read:

START_STATUTE33-1262.  Rental restrictions prohibited

Notwithstanding any provision in the condominium documents, an association shall not prohibit the leasing or rental of units in the condominium unless the prohibition was in place prior to purchase of the unit.  An association shall not require the unit owner to provide the association a copy of the lease agreement.  The association may request the unit owner to register the tenant with the association but shall not charge a fee for the registration. END_STATUTE

Sec. 3.  Title 33, chapter 16, article 1, Arizona Revised Statutes, is amended by adding section 33-1817, to read:

START_STATUTE33-1817.  Rental restrictions prohibited

Notwithstanding any provision in the community documents, an association shall not prohibit the leasing or rental of members' properties in the planned community unless the prohibition was in place prior to the purchase of the member's property.  An association shall not require the member to provide the association a copy of the lease agreement.  The association may request the member to register the tenant with the association but shall not charge a fee for the registration. END_STATUTE