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SB1558 - 572R - I Ver
REFERENCE TITLE:
mobile home parks; utilities; remedies
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1558
Introduced by
Senator
Kavanagh
AN
ACT
amending sections 33-1413.01, 33-1471 and
41-4063, Arizona Revised Statutes; relating to the arizona mobile home park
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;
enforcement; remedies
A. If a landlord charges separately for gas, water
or electricity there shall be a separate meter for every user
.
and
for each billing period
, the following shall
be specified on the bill:
1.
The cost of the charges for
the period
shall be separately stated
, along with the
opening and the closing meter readings
.
and
2.
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.
3. The total quantity of utility
usage measured for the billing period.
4. The total utility charges assessed
to the landlord by the serving utility for the billing period, including the
rate or rates applied and the applicable customer class or tariff under which
the landlord is billed.
5. Any administrative fee that is
charged.
6. The name of the serving utility
and contact information for the landlord or billing agent for billing inquiries
or disputes.
B. If the landlord separately charges for utilities
pursuant to subsection A of this section
, the landlord
shall not charge more than the prevailing basic service single family
residential rate charged by the serving utility or provider
may recover the charges imposed on the landlord by the utility
provider, plus an administrative fee for the landlord for administrative costs
only. The landlord shall not impose any additional
charges. The rental agreement shall contain a disclosure that lists
the utility services that are charged separately and shall specify the amount
of any administrative fee that is associated with submetering, which may not be
more than $8
.
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. 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.
F. 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.
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 provisions of any other title.
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
before
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
the tenant's
family or other person on the premises with
his
the tenant's
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
, section 33-1413.01
or section 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
be more than $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 available in 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