Key Takeaways
- Arizona Fair Housing Act (A.R.S. 41-1491) mirrors federal protections and is enforced by the Arizona Attorney General
- Protected classes include race, color, religion, sex, national origin, disability, and familial status
- Arizona adds protection against discrimination based on Arizona military status
- Complaints can be filed with the Arizona Attorney General Civil Rights Division or HUD
- Violations can result in civil penalties, actual damages, and injunctive relief
Arizona Fair Housing Laws
Important: This content covers Arizona-specific fair housing provisions. You should complete the National Real Estate Exam Prep first, as federal fair housing law is heavily tested on the national portion.
Arizona has its own fair housing law that complements federal protections.
Arizona Civil Rights Act
The Arizona Civil Rights Act (A.R.S. Title 41, Chapter 9) prohibits discrimination in housing.
Protected Classes
Arizona law prohibits discrimination based on:
| Protected Class | Coverage |
|---|---|
| Race | Federal and Arizona |
| Color | Federal and Arizona |
| Religion | Federal and Arizona |
| Sex | Federal and Arizona |
| National Origin | Federal and Arizona |
| Disability | Federal and Arizona |
| Familial Status | Federal and Arizona |
| Arizona Military Status | Arizona specific |
Arizona Addition: Arizona specifically protects against discrimination based on a person's service in the Arizona National Guard or state militia.
Enforcement
Arizona Attorney General
The Arizona Attorney General's Civil Rights Division enforces state fair housing law:
- Investigates complaints
- Mediates disputes
- Takes enforcement action
- Coordinates with HUD
Filing Complaints
| Agency | Timeframe |
|---|---|
| Arizona Attorney General | Within 1 year |
| HUD | Within 1 year |
Either agency can investigate and take action.
Prohibited Acts
Arizona law prohibits:
- Refusing to sell or rent based on protected class
- Discriminating in terms of sale or rental
- Discriminatory advertising or statements
- Representing unavailability when available
- Blockbusting - Inducing panic selling
- Steering - Directing to/from neighborhoods
- Discriminatory lending - Unequal loan terms
Advertising Guidelines
All advertising must:
- Use the Equal Housing Opportunity logo or statement
- Avoid language suggesting preferences for protected classes
- Comply with HUD advertising guidelines
Penalties
Civil Penalties
| Offense | Maximum Penalty |
|---|---|
| First violation | $16,000+ |
| Second within 5 years | $37,500+ |
| Third within 7 years | $65,000+ |
Other Remedies
- Actual damages
- Punitive damages
- Injunctive relief
- Attorney's fees
Exemptions
Limited exemptions exist:
| Exemption | Conditions |
|---|---|
| Owner-occupied (4 or fewer units) | No discriminatory advertising |
| Single-family (FSBO) | No broker, no discriminatory advertising |
| Religious organizations | For members |
| Private clubs | For members |
| Senior housing | Meets age requirements |
Important: Even with exemptions, real estate licensees cannot participate in discrimination.
Reasonable Accommodations
Arizona law requires:
- Reasonable accommodations for disabilities
- Permission for reasonable modifications
- Service animals must be permitted
- Assistance animals accommodated
Which class is specifically protected under Arizona fair housing law but not federal law?
Who enforces fair housing laws in Arizona at the state level?