Arizona's Disabled Tenant Rights
The Arizona Fair Housing Act prohibits rental practices that discriminate against tenants and prospective tenants on the basis of race, religion, gender, family status, ancestry or disability. For those with disabilities, the act specifically prohibits housing discrimination in advertising and during tenancy. Specifically prohibited acts include limiting rentals to tenants without disabilities, providing tenants without disabilities special accommodations, reduced rent or preferential treatment.
Arizona Fair Housing Act
The Civil Rights Division of the Arizona Attorney General's Office is responsible for enforcing the Arizona Fair Housing Act. Tenants can file disability discrimination complaints against housing providers within the state's one-year statute of limitations period beginning from the time the alleged discrimination occurred. Arizona law requires landlords to provide their disabled tenants with reasonable accommodations, and they must provide accessible rental housing if they are renting apartments in newly constructed buildings or are modifying buildings constructed after 1991.
The Arizona law protects those with serious medical illnesses, mental impairments or physical impairments. The Arizona Department of Housing is a government agency that helps Arizona residents understand their rights and duties under the Arizona Fair Housing Act and the federal Fair Housing Act and can help disabled tenants file complaints with the Attorney General's Office.
Federal Law
The Fair Housing Act is the federal anti-discrimination housing law governing landlords who rent four or more apartments. Under the federal law, landlords cannot discriminate against tenants on the basis of race, family status, religion, disability or color. According to the federal housing act, disability discrimination laws protect tenants with actual or perceived disabilities, and prohibits landlords from discriminating against prospective tenants during the application process. The Fair Housing Act covers disabilities caused by substance abuse, and mental and physical disabilities. Arizona landlords must comply with both sets of laws, and may have to pay penalties under both state and federal housing regulations.
Accessible Housing
The Fair Housing Act requires landlords to provide specific design modifications, if necessary, that will allow disabled tenants to access and enjoy common areas. Additionally, the U.S. Department of Housing and Urban Development requires landlords to comply with the Americans With Disabilities Act. The Americans With Disabilities Act requires them to adopt specific design standards if they rent four apartments in a building with an elevator built after March 13, 1991. In addition to providing accessible common areas, landlords must provide wheelchair accessible apartments on their ground floors and provide accessible hallways, electrical appliances and reinforced bathroom equipment.
Modification and Reasonable Accommodation Rights
Under both Arizona law and federal law, disabled tenants have a legal right to modify their homes at their own costs if they return the property to the landlord in its original condition after their tenancies end. Generally, disabled tenants have a right to request reasonable accommodations from their landlords to modify their existing policies or property if doing so would allow disabled tenants to access common areas.
A landlord who refuses to modify his existing policies to accommodate her tenants can be held guilty of housing discrimination if doing so would not cause a financial hardship. An example of a reasonable accommodation is a tenant's request to have a guide dog in a building with a "no pet" policy.
Considerations
Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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