Assigned to FICO                                                                                                                    FOR COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Sixth Legislature, Second Regular Session

 

FACT SHEET FOR S.B. 1439

 

rental property; dog breeds

Purpose

Precludes a landlord from prohibiting specific breeds or types of dogs, if the landlord allows a tenant to house a dog in or on the tenant's premises.

Background

The Arizona Residential Landlord and Tenant Act (Landlord/Tenant Act) governs the rental of dwelling units and the rights and obligations of landlord and tenant. A landlord may adopt rules and regulations intended to promote the safety or welfare of the tenants. Adopted rules and regulations must apply to all tenants in a fair manner. The Landlord/Tenant Act prohibits certain provisions from being included in a rental agreement, including an agreement that the tenant must: 1) waive or forgo rights established by the Landlord/Tenant Act; 2) pay a landlord's attorney fees, except as specified; and 3) pay or be penalized for summoning emergency assistance. A prohibited provision that is included in a rental agreement is unenforceable. If a landlord includes a prohibited provision in a rental agreement, a tenant may recover damages of up to two months' rent (A.R.S. §§ 33-1302; 33-1315 and 33-1342).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Precludes a landlord, if the landlord allows a tenant to house a dog in or on the tenant's premises, from prohibiting specific breeds or types of dogs.

2.   Makes technical and conforming changes.

3.   Becomes effective on the general effective date.

Prepared by Senate Research

February 7, 2024

MG/JC/cs