Pima County cannot impose night caps on short-term rentals due to ARS 9-500.39 preemption. No annual rental limits exist. HOA CC&Rs may impose private restrictions.
ARS 9-500.39 prevents Pima County from imposing night caps, annual rental limits, or minimum stay requirements on short-term rental properties in unincorporated areas. Arizona defines a short-term rental as a residential property rented for fewer than 30 consecutive days. The state preemption means the county cannot limit the total number of nights a property may be rented per year, cannot impose blackout dates, and cannot require minimum stays. This is one of the broadest STR preemption laws in the country. Property owners may rent their homes year-round without county-imposed caps. HOA CC&Rs may impose their own rental frequency or duration restrictions, as the state preemption applies only to government regulation, not private covenants. Some HOAs in the Catalina Foothills and Tanque Verde areas have adopted rental restrictions in response to STR activity.
No county enforcement mechanism for night caps (cannot impose them). HOA violations enforced through CC&R provisions. State preemption violations by the county could result in court action.
See how Pima County's night caps rules stack up against other locations.
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