Bill > A2983

Introduced Session

The federal "Fair Housing Act" and the State "Law Against Discrimination" prohibit discrimination against disabled individuals, among others, in the sale or rental of housing units. Discrimination includes a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a disabled person an equal opportunity to use and enjoy a dwelling unit. "Housing for older persons" is exempt from the "familial status" anti-discrimination provisions under both federal and State law. Housing for older persons can legally discriminate on the basis of age as long as at least 80 percent of the housing units are intended for occupancy by at least one person 55 years of age or older. However, federal and State law do not exempt these age-restricted communities from the provisions prohibiting discrimination against disabled persons. A homeowners association's refusal to waive its age restriction for prospective purchasers that had a disabled son living with them was found to constitute unlawful discrimination in Canady v. Prescott Canyon Estates Homeowners Ass'n, 204 Ariz. 91 (Ariz. 2002). This bill is necessary to clarify the law because some age-restricted communities have attempted to over-extend their exemption from anti-discrimination laws, with regard to familial status, by discriminating against people with disabilities. Some persons and community associations refuse to sell or rent dwelling units to individuals who are 55 years of age or older because a younger person will be residing in the unit with the person who is 55 years of age or older. Most troubling is the refusal to rent or sell units in age-restricted communities to older persons who care for disabled children. This bill will require communities to accommodate families caring for disabled children or face the prospect of anti-discrimination lawsuits under the State "Law Against Discrimination." The bill provides that it is unlawful discrimination under the "Law Against Discrimination," to refuse to sell or lease a unit in housing for older persons to a person who is 55 years of age or older based upon the age of a dependent child or other person who may reside in the unit, or upon familial status, if the dependent child or other person who may reside in the unit has a disability. The bill requires a person having the right control over a unit of housing in an age-restricted community to make reasonable accommodations in rules, policies, practices, or services in order to afford a disabled person an equal opportunity to use and enjoy a dwelling unit. The bill provides that nothing in the "Law Against Discrimination" shall be construed as authorizing a person to discriminate against a person with a disability, or excusing a person from failing to make a reasonable accommodation in rules, policies, practices, or services in order to afford a disabled person an equal opportunity to use and enjoy a dwelling unit in housing for older persons. The bill also provides that, notwithstanding any law or community association governing document to the contrary, no one may refuse to rent, lease, or sell a unit in an age-restricted community to another person on the basis of familial status or the age of a dependent child or other person who may reside in the unit if the dependent child or other person is disabled. The bill requires a person having control of a unit in an age-restricted community to make reasonable accommodations in their rules, policies, practices, or services to provide people with disabilities an equal opportunity to a dwelling unit in the age-restricted community. The bill also requires the Attorney General and the Department of Community Affairs to post on the Internet information regarding disability accommodation rights for owners and occupants of common interest communities, specifically, that owners and occupants have the right to receive reasonable accommodations in community association rules and policies so disabled persons have an equal opportunity to use and enjoy dwelling units in age-restricted communities.

Committee Categories

Ronald Dancer (R)*, 

Introduced, Referred to Assembly Housing Committee (on 02/28/2022)

Official Document