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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
assisted living homes; occupancy; zoning
Purpose
Prohibits a municipality or county from adopting, enforcing or maintaining any ordinance or other regulation regarding occupancy caps for assisted living homes.
Background
Statute authorizes municipalities and counties to adopt zoning ordinances
and building codes to conserve and promote the public health, safety,
convenience and general welfare regarding the regulation of buildings,
structures and land (A.R.S. §§ 9-462.01;
11-811;
and
11-861).
Health care institutions in Arizona, including assisted living homes, are licensed and overseen by the Department of Health Services (DHS), including enforcement of health care institution statutes, rules and regulations. DHS must: 1) review and approve plans and specifications for institution construction or modification; 2) have access to books, records, accounts and any other necessary health care institution information; and 3) require nursing care institutions and assisted living facilities to provide annual influenza and pneumonia vaccines to residents. Additionally, DHS may: 1) inspect every part of a health care institution to ensure compliance with standard medical practice; 2) conduct investigations of health care institution conditions and problems with noncompliance; and 3) develop facility manuals and guides to health care institutions and the general public. A person must not establish, conduct or maintain a health care institution or any subclass of a health care institution in Arizona unless that person holds a current and valid license issued by DHS (A.R.S. §§ 36-406 and 36-407).
Assisted living homes are an assisted living facility that provides resident rooms to 10 or fewer residents (A.R.S. § 36-401).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a municipality or county from adopting, enforcing or maintain any law, ordinance or other regulation relating to the operation of an assisted living home that does any of the following:
a) imposes a cap on the number of residents who may reside at an assisted living home that is lower than ten residents;
b) restricts an assisted living home from operating on a property that is zoned for residential use based on either:
i. the number of residents who reside at the assisted living home if the number of residents is 10 or fewer; or
ii. 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.
2. Allows a municipality or county to enforce and maintain zoning, building, fire, safety and health codes and regulations that are related to an assisted living home if the codes and regulations do not have the effect of imposing an occupancy limit that is more restrictive than what is allowed by the assisted living home's license.
3. Allows a person to assert a violation of the assisted living occupancy regulations and bring an action for declaratory or injunctive relief in a court of competent jurisdiction.
4. Allows the court to award attorney fees and costs to a prevailing plaintiff.
5. States that the occupancy limit of an assisted living home:
a) is of statewide concern and not subject to further regulations by a municipality or county; and
b) preempts all inconsistent laws, ordinances or other regulations that are adopted by the municipality or county.
6. States that the assisted living occupancy regulations do not prohibit or restrict a municipality or county from adopting a distance requirement in accordance with statute.
7. Applies the assisted living occupancy regulations to an assisted living home that is licensed after the effective date.
8. Defines assisted living home as an assisted living facility that provides resident rooms to 10 or fewer residents.
9. Contains a severability clause.
10. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Specifies that a municipality or county may adopt, enforce or maintain, rather than only enforce, any building, fire, safety or health codes and regulations that are related to an assisted living facility or home.
2. Removes the condition that building, fire, safety and health codes and regulations be applied uniformly to all similar residential dwellings for a municipality or county to enforce the codes and regulations.
3. Narrows the state preemption on the regulation of assisted living facilities or homes to only occupancy regulations.
4. Makes conforming changes.
Amendments Adopted by Committee of the Whole
1. The committee amendment was withdrawn.
2. Removes assisted living facilities from the prescribed municipal and county occupancy limit regulations.
3. Prohibits a municipality or county from imposing a cap on the number of residents who may reside at an assisted living home that is lower than 10 residents, rather than lower than the number of residents allowed by statute, rule or an issued license.
4. Prohibits a municipality or county from restricting an assisted living home from operating on a property that is zoned for residential use based on the number of residents who reside at the home if the number is 10 or fewer, rather than in compliance with statute, rule or an issued license.
5. Removes the prohibition on a municipality or county from restricting an assisted living home from operating on a property that is zoned for residential use based on its classification as a health care institution.
6. Allows a municipality or county to enforce and maintain zoning, building, fire, safety and health codes and regulations, rather than only enforce applicable codes and regulations.
7. Removes the requirement for the codes and regulations to be applied uniformly to all similar residential dwellings.
8. Allows the codes and regulations to be enforced and maintained if the effect is not imposing an occupancy limit on an assisted living home that is more restrictive than allowed by an issued license, rather than by statute, rule or an issued license.
9. States that the occupancy limit, rather than the occupancy and zoning regulation, of an assisted living home is of statewide concern and not subject to further regulation by a municipality or county.
11. Applies the assisted living occupancy regulations to an assisted living home that is licensed after the effective date.
12. Makes conforming changes.
Senate Action
RAGE 2/11/26 DPA 6-0-1
Prepared by Senate Research
February 25, 2026
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