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HB4008 - 572R - I Ver
REFERENCE TITLE:
crime-free lease addendum; renters
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 4008
Introduced by
Representatives
Villegas: Aguilar, Austin, Cavero, Contreras P, Crews, Garcia, Liguori,
M�rquez, Mathis, Peshlakai, Sandoval, Simacek, Stahl Hamilton
AN
ACT
amending sections 33-1260.01, 33-1314 and
33-1806.01, Arizona Revised Statutes; relating to landlords and tenants.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-1260.01, Arizona Revised
Statutes, is amended to read:
START_STATUTE
33-1260.01.
Rental property; unit owner and agent information; fee;
disclosure
A. A unit owner may use the unit owner's unit as a
rental property unless prohibited in the declaration and shall use it in
accordance with the declaration's rental time period restrictions.
B. A unit owner may designate in writing a third
party to act as the unit owner's agent with respect to all association matters
relating to the rental unit, except for voting in association elections and
serving on the board of directors.� The unit owner shall sign the written
designation and shall provide a copy of the written designation to the
association.� On delivery of the written designation, the association is
authorized to conduct all association business relating to the unit owner's
rental unit through the designated agent. Any notice given by the
association to a unit owner's designated agent on any matter relating to the
unit owner's rental unit constitutes notice to the unit owner.
C. Notwithstanding any provision in the condominium
documents, on rental of a unit
,
an association shall not
require a unit owner or a unit owner's agent to disclose any information
regarding a tenant other than the name and contact information for any adults
occupying the unit, the time period of the lease, including the beginning and
ending dates of the tenancy, and a description and the license plate numbers of
the tenants' vehicles. If the condominium is an
age
restricted
age-restricted
condominium, the
unit owner, the unit owner's agent or the tenant shall show a government issued
identification that bears a photograph and that confirms that the tenant meets
the condominium's age restrictions or requirements.
D. On request of an association or its managing
agent for the disclosures prescribed in subsection C of this section, the
managing agent or, if there is no managing agent, the association may charge a
fee of not more than
twenty-five dollars
$25
, which shall be paid within fifteen days after the
postmarked request.� The fee may be charged for each new tenancy for that unit
but may not be charged for a renewal of a lease.� Except for the fee permitted
by this subsection and fees related to the use of recreational facilities, the
association or its managing agent shall not assess, levy or charge a fee or
fine or otherwise impose a requirement on a unit owner's rental unit any
differently than on an owner-occupied unit in the association.
E. Notwithstanding any provision in the condominium
documents, the association is prohibited from doing any of the following:
1. Requiring a unit owner to provide the association
with a copy of the tenant's rental application, credit report, lease agreement
or rental contract or other personal information except as prescribed by this
section. This paragraph does not prohibit the association from acquiring a
credit report on a person in an attempt to collect a debt.
2. Requiring the tenant to sign a waiver or other
document limiting the tenant's due process rights as a condition of the
tenant's occupancy of the rental unit.
3. Prohibiting or otherwise restricting a unit owner
from serving on the board of directors based on the owner's not being an
occupant of the unit.
4. Imposing on a unit owner or managing agent any
fee, assessment, penalty or other charge in an amount greater than
fifteen dollars
$15
for incomplete or late
information regarding the information requested pursuant to subsection C of
this section
.
F. Any attempt by an association to exceed the fee,
assessment, penalty or other charge authorized by subsection D or E of this
section voids the fee, assessment, penalty or other charge authorized by
subsection D or E of this section.� This section does not prevent an association
from complying with the housing for older persons act of 1995 (P.L. 104�76; 109
Stat. 787).
G. An owner may use a
crime free
crime-free
addendum as part of a lease agreement.� This
section does not prohibit the owner's use of a
crime free
crime-free
addendum
except that any provision in
that crime-free addendum that allows for or requires the eviction of a
tenant based on the criminal conviction of a tenant or a tenant's guest is
unenforceable
.
H. This section does not prohibit and an association
may lawfully enforce a provision in the condominium documents that restricts
the residency of persons who are required to be registered pursuant to section
13-3821 and who are classified as level two or level three offenders.
I. An owner of rental property shall abate criminal
activity as authorized in section 12-991.
END_STATUTE
Sec. 2. Section 33-1314, Arizona Revised
Statutes, is amended to read:
START_STATUTE
33-1314.
Terms and conditions of rental agreement; contact information;
property; pets
A. The landlord and tenant may include in a rental
agreement terms and conditions not prohibited by this chapter or any other law,
including rent, term of the agreement and other provisions governing the rights
and obligations of the parties.
B. In the absence of a rental agreement, the tenant
shall pay as rent the fair rental value for using and occupying the dwelling
unit.
C. Rent shall be payable without demand or notice at
the time and place agreed on by the parties. Unless otherwise
agreed, rent is payable at the dwelling unit and periodic rent is payable at
the beginning of any term of one month or less and otherwise in equal monthly
installments at the beginning of each month. Unless otherwise
agreed, rent shall be uniformly apportionable from day-to-day.
D. Unless the rental agreement fixes a definite
term, the tenancy shall be week-to-week in case of a roomer who
pays weekly rent, and in all other cases month-to-month.
E. Notwithstanding section 14-3911, the
landlord may request and the tenant may provide and routinely update the name
and contact information of a person who is authorized by the tenant to enter
the tenant's dwelling unit to retrieve and store the tenant's property,
including the tenant's animal, if the tenant dies or is otherwise
incapacitated. If the landlord is unable to contact the authorized
person at the address and telephone number provided to the landlord by the
tenant or the authorized person fails to respond to the landlord's request
within one day for the animal or ten days for all other property after initial
written contact, the landlord may dispose of the property as prescribed in
section 33-1370 or may deem the animal abandoned, and if deemed
abandoned, shall remove and release the animal to an animal shelter or boarding
facility as prescribed in section 33-1370, subsection E. The
landlord may release the animal to a relative of the deceased or incapacitated
tenant if any of the following applies:
1. The landlord was not provided the contact
information of a person who is authorized by the tenant to retrieve the
tenant's animal.
2. The contact information is no longer valid.
3. The landlord is unable to contact the authorized
person after one calendar day.
F. Before removing any of the tenant's personal
property or the tenant's animal, the authorized person shall present to the
landlord a valid government issued identification that confirms the identity of
the authorized person. The authorized person shall have twenty days
after the date of initial written contact by the landlord or the last date for
which rent is paid, whichever is longer, to remove items from the rental
property and return keys to the landlord during regular business hours.� If the
landlord allows an authorized person to enter the property to remove the
tenant's personal possessions as prescribed by this subsection, the landlord
has no further liability to the tenant, the tenant's estate or the tenant's
heirs for lost, damaged or stolen items. If the tenant's personal
property is not entirely removed from the rental unit by an authorized person,
the landlord may dispose of the property as prescribed in section 33-1370.
G. Subsections E and F of this section apply only as
follows:
1. To the tenant's personal property if the periodic
rent is unpaid and outstanding for at least five days.
2. To the tenant's animal if the tenant is deceased
or is otherwise incapacitated.
H. If a landlord uses a CRIME-free
addendum as part of a lease agreement, any provision in that crime-free
addendum that allows for or requires the eviction of a tenant based on the
criminal conviction of a tenant or a tenant's guest is unenforceable.
END_STATUTE
Sec. 3. Section 33-1806.01, Arizona Revised
Statutes, is amended to read:
START_STATUTE
33-1806.01.
Rental property; member and agent information; fee; disclosure
A. A member may use the member's property as a
rental property unless prohibited in the declaration and shall use it in
accordance with the declaration's rental time period restrictions.
B. A member may designate in writing a third party
to act as the member's agent with respect to all association matters relating
to the rental property, except for voting in association elections and serving
on the board of directors. The member shall sign the written
designation and shall provide a copy of the written designation to the
association. On delivery of the written designation, the association
is authorized to conduct all association business relating to the member's
rental property through the designated agent. Any notice given by
the association to a member's designated agent on any matter relating to the
member's rental property constitutes notice to the member.
C. Notwithstanding any provision in the community
documents, on rental of a member's property
,
an
association shall not require a member or a member's agent to disclose any
information regarding a tenant other than the name and contact information for
any adults occupying the property, the time period of the lease, including the
beginning and ending dates of the tenancy, and a description and the license
plate numbers of the tenants' vehicles. If the planned community is
an
age restricted
age-restricted
community, the member, the member's agent or the tenant shall show a government
issued identification that bears a photograph and that confirms that the tenant
meets the community's age restrictions or requirements.
D. On request of an association or its managing
agent for the disclosures prescribed in subsection C of this section, the
managing agent or, if there is no managing agent, the association may charge a
fee of not more than
twenty-five dollars
$25
, which shall be paid within fifteen days after the
postmarked request.� The fee may be charged for each new tenancy for that
property but may not be charged for a renewal of a lease. Except for
the fee permitted by this subsection and fees related to the use of recreational
facilities, the association or its managing agent shall not assess, levy or
charge a fee or fine or otherwise impose a requirement on a member's rental
property any differently than on an owner-occupied property in the
association.
E. Notwithstanding
any provision in the community documents, the association is prohibited from
doing any of the following:
1. Requiring a member
to provide the association with a copy of the tenant's rental application,
credit report, lease agreement or rental contract or other personal information
except as prescribed by this section. This paragraph does not
prohibit the association from acquiring a credit report on a person in an
attempt to collect a debt.
2. Requiring the tenant to sign a waiver or other
document limiting the tenant's due process rights as a condition of the
tenant's occupancy of the rental property.
3. Prohibiting or otherwise restricting a member
from serving on the board of directors based on the member's not being an
occupant of the property.
4. Imposing on a member or managing agent any fee,
assessment, penalty or other charge in an amount greater than
fifteen
dollars
$15
for incomplete or late information
regarding the information requested pursuant to subsection C of this section.�
F. Any attempt by an association to exceed the fee,
assessment, penalty or other charge authorized by subsection D or E of this
section voids the fee, assessment, penalty or other charge authorized by
subsection D or E of this section. This section does not prevent an
association from complying with the housing for older persons act of 1995 (P.L.
104�76; 109 Stat. 787).
G. An owner may use a
crime free
crime-free
addendum as part of a lease
agreement. This section does not prohibit the owner's use of a
crime free
crime-free
addendum
except that any provision in a crime-free
addendum that allows for or requires the eviction of a tenant based on the
criminal conviction of a tenant or a tenant's guest is unenforceable
.
H. This section does not prohibit and an association
may lawfully enforce a provision in the community documents that restricts the
residency of persons who are required to be registered pursuant to section 13-3821
and who are classified as level two or level three offenders.
I. An owner of rental property shall abate criminal
activity as authorized in section 12-991.
END_STATUTE