|
|
ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: RAGE DPA 6-0-1-0 | Third Read 16-11-3-0-0 |
SB 1473: assisted living homes; occupancy; zoning
Sponsor: Senator Kavanagh, LD 3
Committee on Government
Overview
Prevents a county or municipality from creating or enforcing regulations that impose a cap on the number of residents that can live at an assisted living home that is lower than ten residents.
History
An assisted living home is an assisted living facility that provides resident rooms to ten or fewer residents. In the case that a county or municipality has a zoning regulation that restricts the distance between assisted living homes, the county or municipality is required to establish an administrative procedure in which a deviation from the separation requirement can be granted as a reasonable accommodation under the Fair Housing Act (A.R.S. §§ 9-462.09, 11-820.02, 36-401).
Provisions
1. Prohibits a county or municipality from adopting, enforcing or maintaining any law, ordinance or other regulation relating to the operation of an assisted living home that:
a. imposes a cap on the number of residents who can reside at an assisted living home lower than ten residents;
b. restricts an assisted living home from operating on a property zoned for residential use either based on the number of residents at the assisted living home if there are ten or fewer residents or based on the classification of the assisted living home as assisted living use; or
c. requires an assisted living home to obtain a variance, conditional use permit, reasonable accommodation or rezoning based solely on the number of residents who reside at the assisted living home. (Sec. 1, 2)
2. Permits a municipality or county to enforce and maintain zoning, building, fire, safety and health codes and regulations so long as the codes and regulations do not impose an occupancy limit more restrictive than what the assisted living home's license allows. (Sec. 1, 2)
3. Allows an individual to assert a violation of this legislation and bring an action for declaratory or injunctive relief. (Sec. 1, 2)
4. Permits a court to award attorney fees and costs to the prevailing plaintiff in such cases. (Sec. 1, 2)
5. Stipulates that an assisted living home's occupancy limit is a statewide concern and is not subject to further regulations by a municipality or county and that the occupancy limit under this legislation preempts all inconsistent laws, ordinances or other regulations adopted by the municipality or county. (Sec. 1, 2)
6. Asserts that this legislation does not prohibit or restrict a municipality or county from adopting a distance requirement. (Sec. 1, 2)
7. Specifies that this legislation applies to assisted living homes that are licensed as of and after the effective date of this legislation. (Sec. 1, 2)
8. Defines assisted living home. (Sec. 1, 2)
9. Contains a severability clause. (Sec. 3)
10.
11.
12. ---------- DOCUMENT FOOTER ---------
13. Initials ML/MN SB 1473
14. 3/16/2026 Page 0 Government
15.
16. ---------- DOCUMENT FOOTER ---------