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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
assisted living; distance requirements; prohibition
Purpose
Requires counties and municipalities with a zoning regulation that restricts the distance between assisted living homes to establish an administrative procedure to grant reasonable accommodation exceptions.
Background
Current statute authorizes counties and municipalities to adopt zoning ordinances to conserve and promote the public health, safety, convenience and general welfare and outlines zoning guidelines and requirements (A.R.S. §§ 9-462.01 and 11-811).
Assisted living facilities are residential care institutions, including adult foster care homes, that provide or contract to provide supervisory care services, personal care services or directed care services on a continuous basis. Assisted living homes are assisted living facilities that provide rooms to no more than 10 residents (A.R.S. § 36-401).
The federal Fair Housing Act protects people from discrimination when renting or buying a home, getting a mortgage, seeking housing assistance or engaging in other housing-related activities. This protection covers most types of housing and applies to discrimination on the basis of race, color, national origin, religion, sex, familial status or disability (U.S. HUD).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires counties and municipalities with a zoning regulation or ordinance that restricts the distance between assisted living homes to establish an administrative procedure to grant reasonable accommodation exceptions under the federal Fair Housing Act.
2. Directs counties and municipalities to provide written notice of the administrative procedure to request a reasonable accommodation exception when registration or land use applications for assisted living homes are filed.
3. Requires zoning regulations or ordinances that restrict distance between assisted living homes to measure distance on a linear foot basis from lot line to lot line.
4. Defines assisted living home.
5. Becomes effective on the general effective date.
House Action
COM 2/15/22 DP 9-1-0-0
3rd Read 2/24/22 58-1-1
Prepared by Senate Research
March 14, 2022
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