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REFERENCE TITLE: mobile homes; utilities; fraud; hearings |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2852 |
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Introduced by Representative Liguori: Senator Ortiz
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AN ACT
amending sections 33-1413.01; 33-1471 and 41-4063, Arizona Revised Statutes; relating to the Arizona mobile home parks residential landlord and tenant act.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-1413.01, Arizona Revised Statutes, is amended to read:
33-1413.01. Utility charges; waste, garbage and rubbish removal charges; violation; remedies
A. If a landlord charges separately for gas, water or electricity there shall be a separate meter for every user. For each billing period the cost of the charges for the period shall be separately stated, along with the opening and the closing meter readings and the dates of the meter readings. Each bill shall show the computation of the charge generally in accordance with the serving utility company billing format for individual service supplied through a single service meter.
B. If the landlord separately charges for utilities, the landlord shall not charge more than the prevailing basic service single family single-family residential rate charged by the serving utility or provider.
C. For the purpose of regulating mobile home parks as public or consecutive water systems, the state shall not adopt rules pursuant to title 49, chapter 2, article 9, that are more stringent than authorized by the federal government. Submetering solely to determine the charges for individual water use by park tenants for the purpose of water conservation, without other evidence indicating a transaction subject to regulation under title 49, chapter 2, article 9, shall not be used as a basis for treating any mobile home park as a public or consecutive water system.
D. A landlord may charge separately for removal of waste, garbage, rubbish, refuse and trash and for sewer services. Any charges for removal or sewer services may not exceed the prevailing single family single-family residential charge, fee or rate for these services levied by the political subdivision or provider.
E. If a tenant believes that a landlord is not in compliance with this section, the tenant shall provide written notice to the landlord regarding the alleged violation of this section. If the dispute is not resolved within thirty days after the notice is received by the landlord, the tenant may file a civil complaint in justice court to enforce this section and to obtain relief available under section 33-1471, subsection B. If the tenant prevails in an action pursuant to this subsection, the court shall award the tenant court costs and reasonable attorney fees.
F. A violation of subsection A, B or D of this section constitutes an unlawful practice under section 44-1522. The attorney general may investigate, take appropriate action and seek remedies pursuant to title 44, chapter 10, article 7.
G. The remedies in this section are in addition to all other causes of action, remedies and relief available to tenants.
H. This section does not bar any claim against any person who has violated any other provision of law.
Sec. 2. Section 33-1471, Arizona Revised Statutes, is amended to read:
33-1471. Noncompliance by the landlord
A. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement, the rules and regulations or statements of policy, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon on a date not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days. If there is a noncompliance by the landlord with section 33-1434 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon on a date not less than twenty days after receipt of the notice if the breach is not remedied in ten days. The rental agreement shall terminate and the mobile home space shall be vacated as provided in the notice subject to the following:
1. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate.
2. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his family or other person on the premises with his consent.
B. Except as provided in this chapter, the tenant may recover damages, and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or section 33-1413.01 or 33-1434.
C. The remedy provided in subsection B of this section is in addition to any right of the tenant arising under subsection A of this section.
D. If the rental agreement is terminated, the landlord shall return all deposits less reasonable damages.
Sec. 3. Section 41-4063, Arizona Revised Statutes, is amended to read:
41-4063. Orders; penalties; disposition
A. The administrative law judge may order any party to abide by the statute or contract provision at issue and may levy a civil penalty on the basis of each violation. For the purposes of actions brought under the Arizona mobile home parks residential landlord and tenant act, the civil penalty may not exceed five hundred dollars $500. All monies collected pursuant to this article shall be deposited in the state general fund to be used to offset the cost of administering the administrative law judge function. If the petitioner prevails, the administrative law judge shall order the respondent to pay to the petitioner the filing fee required by section 41-4062.
B. The order issued by the administrative law judge is binding on the parties unless a rehearing is granted pursuant to section 41-4065 based on a petition setting forth the reasons for the request for rehearing, in which case the order issued at the conclusion of the rehearing is binding on the parties. The order issued by the administrative law judge is enforceable through contempt of court proceedings and is subject to judicial review as prescribed by section 41-1092.08.
C. In addition to the remedies prescribed by subsection a of this section, the administrative law judge may award damages to a petitioning tenant and order injunctive relief for a landlord's noncompliance with section 33-1413.01. If the petitioning tenant prevails, the administrative law judge shall order the respondent to pay to the petitioner the filing fee required by section 41-4062 and award reasonable attorney fees and costs.