Arizona 2022 Regular Session

Arizona House Bill HB2755 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	REFERENCE TITLE: landlord tenant; evictions; assistance State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022 HB 2755 Introduced by Representative Abraham An Act amending section 12-1178, Arizona Revised Statutes; appropriating monies; relating to evictions. (TEXT OF BILL BEGINS ON NEXT PAGE)
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9	9	REFERENCE TITLE: landlord tenant; evictions; assistance
10	10	State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
11	11	HB 2755
12	12	Introduced by Representative Abraham
13	13
14	14	REFERENCE TITLE: landlord tenant; evictions; assistance
15	15
16	16
17	17
18	18
19	19
20	20
21	21
22	22
23	23
24	24	State of Arizona
25	25
26	26	House of Representatives
27	27
28	28	Fifty-fifth Legislature
29	29
30	30	Second Regular Session
31	31
32	32	2022
33	33
34	34
35	35
36	36
37	37
38	38
39	39
40	40	HB 2755
41	41
42	42
43	43
44	44	Introduced by
45	45
46	46	Representative Abraham
47	47
48	48
49	49
50	50
51	51
52	52	An Act
53	53
54	54
55	55
56	56	amending section 12-1178, Arizona Revised Statutes; appropriating monies; relating to evictions.
57	57
58	58
59	59
60	60
61	61
62	62	(TEXT OF BILL BEGINS ON NEXT PAGE)
63	63
64	64
65	65
66	66	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 12-1178, Arizona Revised Statutes, is amended to read: START_STATUTE12-1178. Judgment; writ of restitution; limitation on issuance and enforcement; criminal violation; notice A. If the defendant is found guilty of forcible entry and detainer or forcible detainer, the court shall give judgment for the plaintiff for restitution of the premises, for all charges stated in the rental agreement and for damages, attorney fees, court and other costs and, at the plaintiff's option, all rent found to be due and unpaid through the periodic rental period, as described in section 33-1314, subsection C, as provided for in the rental agreement, and shall grant a writ of restitution. The person designated by the judge to prepare the judgment shall ensure that the defendant's social security number is not contained on the judgment. B. If the defendant is found not guilty of forcible entry and detainer or forcible detainer, judgment shall be given for the defendant against the plaintiff for damages, attorney fees and court and other costs, and if it appears that the plaintiff has acquired possession of the premises since commencement of the action, a writ of restitution shall issue in favor of the defendant. C. No writ of restitution shall issue until the expiration of five calendar days after the rendition of judgment. The writ of restitution shall not be enforced as promptly and expeditiously as possible until at least seven calendar days after the date that the writ of restitution is issued. The issuance or enforcement of a writ of restitution shall not be suspended, delayed or otherwise affected by the filing of a motion to set aside or vacate the judgment or similar motion unless a judge finds good cause. D. A defendant who is lawfully served with a writ of restitution and who remains in or returns to the dwelling unit, as defined in section 33-1310, or remains on or returns to the mobile home space, as defined in section 33-1409, or the recreational vehicle space, as defined in section 33-2102, without the express permission of the owner of the property or the person with lawful control of the property commits criminal trespass in the third degree pursuant to section 13-1502. E. If the defendant is found guilty of forcible entry and detainer or forcible detainer, the court shall give the defendant notice that a defendant who is lawfully served with a writ of restitution and who remains in or returns to the dwelling unit or remains on or returns to the mobile home space or the recreational vehicle space without the express permission of the owner of the property or the person with lawful control of the property commits criminal trespass in the third degree pursuant to section 13-1502. END_STATUTE Sec. 2. Appropriation; department of economic security; rental assistance; exemption A. The sum of $290,000,000 is appropriated from the state general fund in fiscal year 2022-2023 to the department of economic security to distribute for rental assistance. The department shall allocate at least $10,000,000 of the amount appropriated pursuant to this section to distribute for rental assistance to persons who are at least sixty-five years of age. B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
67	67
68	68	Be it enacted by the Legislature of the State of Arizona:
69	69
70	70	Section 1. Section 12-1178, Arizona Revised Statutes, is amended to read:
71	71
72	72	START_STATUTE12-1178. Judgment; writ of restitution; limitation on issuance and enforcement; criminal violation; notice
73	73
74	74	A. If the defendant is found guilty of forcible entry and detainer or forcible detainer, the court shall give judgment for the plaintiff for restitution of the premises, for all charges stated in the rental agreement and for damages, attorney fees, court and other costs and, at the plaintiff's option, all rent found to be due and unpaid through the periodic rental period, as described in section 33-1314, subsection C, as provided for in the rental agreement, and shall grant a writ of restitution. The person designated by the judge to prepare the judgment shall ensure that the defendant's social security number is not contained on the judgment.
75	75
76	76	B. If the defendant is found not guilty of forcible entry and detainer or forcible detainer, judgment shall be given for the defendant against the plaintiff for damages, attorney fees and court and other costs, and if it appears that the plaintiff has acquired possession of the premises since commencement of the action, a writ of restitution shall issue in favor of the defendant.
77	77
78	78	C. No writ of restitution shall issue until the expiration of five calendar days after the rendition of judgment. The writ of restitution shall not be enforced as promptly and expeditiously as possible until at least seven calendar days after the date that the writ of restitution is issued. The issuance or enforcement of a writ of restitution shall not be suspended, delayed or otherwise affected by the filing of a motion to set aside or vacate the judgment or similar motion unless a judge finds good cause.
79	79
80	80	D. A defendant who is lawfully served with a writ of restitution and who remains in or returns to the dwelling unit, as defined in section 33-1310, or remains on or returns to the mobile home space, as defined in section 33-1409, or the recreational vehicle space, as defined in section 33-2102, without the express permission of the owner of the property or the person with lawful control of the property commits criminal trespass in the third degree pursuant to section 13-1502.
81	81
82	82	E. If the defendant is found guilty of forcible entry and detainer or forcible detainer, the court shall give the defendant notice that a defendant who is lawfully served with a writ of restitution and who remains in or returns to the dwelling unit or remains on or returns to the mobile home space or the recreational vehicle space without the express permission of the owner of the property or the person with lawful control of the property commits criminal trespass in the third degree pursuant to section 13-1502. END_STATUTE
83	83
84	84	Sec. 2. Appropriation; department of economic security; rental assistance; exemption
85	85
86	86	A. The sum of $290,000,000 is appropriated from the state general fund in fiscal year 2022-2023 to the department of economic security to distribute for rental assistance. The department shall allocate at least $10,000,000 of the amount appropriated pursuant to this section to distribute for rental assistance to persons who are at least sixty-five years of age.
87	87
88	88	B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.