Arizona Statewide Rule
Arizona Bans Local Rent Control (A.R.S. § 33-1329)
Key Facts
- Local rent control
- Banned (state-preempted)
- Statewide rent cap
- None
- Preemption statute
- Ariz. Rev. Stat. § 33-1329
- Cities with rent control
- None
Summary
Arizona prohibits local rent control. State law makes rent regulation on private residential property a matter of statewide concern and preempts the field, so cities, charter cities, towns, and counties cannot cap or freeze rents on private housing. There is no statewide rent cap, leaving private rents to the market.
33-1329 - Regulation of rents; authority 33-1329 . Regulation of rents; authority A. Notwithstanding any other provisions of law to the contrary the state legislature determines that the imposition of rent control on private residential housing units by cities, including charter cities, and towns is of statewide concern. Therefore, the power to control rents on private residential property is preempted by the state. Cities, including charter cities, or towns shall not have the power to control rents. B. The provisions of subsection A shall not apply to residential property which is owned, financed, insured or subsidized by any state agency, or by any city, including charter city, or town.
Full Breakdown
Ariz. Rev. Stat. § 33-1329 declares that "the imposition of rent control on private residential housing units by cities, including charter cities, and towns is of statewide concern," and that "the power to control rents on private residential property is preempted by the state." It expressly states that cities, including charter cities, and towns "shall not have the power to control rents on private residential property." The preemption does not reach property owned, financed, insured, or subsidized by a state agency, city, or town. No Arizona statute imposes a statewide cap or percentage limit on rent increases for private housing, and no Arizona municipality operates a rent-control program. Landlords must still honor notice requirements and the terms of an existing lease before raising rent.
Violations & Penalties
A local rent-control ordinance on private residential property would be void as preempted by A.R.S. § 33-1329 and unenforceable if challenged. There is no statutory penalty on landlords for raising rent, since no rent cap exists; the only limits are contractual lease terms and required advance notice.
Frequently Asked Questions
Is rent control legal in Arizona?
Can a city in Arizona pass its own rent control?
Is there a limit on how much rent can increase in Arizona?
Sources
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