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HB2852 - 572R - I Ver
REFERENCE TITLE:
mobile homes; utilities; fraud; hearings
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 2852
Introduced by
Representative
Liguori: Senator Ortiz
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:
START_STATUTE
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.
END_STATUTE
Sec. 2. Section 33-1471, Arizona Revised
Statutes, is amended to read:
START_STATUTE
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.
END_STATUTE
Sec. 3. Section 41-4063, Arizona Revised
Statutes, is amended to read:
START_STATUTE
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.
END_STATUTE