Senate Engrossed House Bill landlord tenant; assistance animals (now: assistance animals; landlord tenant) State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HOUSE BILL 2068 AN ACT amending section 41-1491, Arizona Revised Statutes; amending title 41, chapter 9, article 7, Arizona Revised Statutes, by adding section 41-1497.38; relating to landlord liability. (TEXT OF BILL BEGINS ON NEXT PAGE)
Senate Engrossed House Bill landlord tenant; assistance animals
(now: assistance animals; landlord tenant) State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HOUSE BILL 2068
Senate Engrossed House Bill
landlord tenant; assistance animals
(now: assistance animals; landlord tenant)
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HOUSE BILL 2068
AN ACT
amending section 41-1491, Arizona Revised Statutes; amending title 41, chapter 9, article 7, Arizona Revised Statutes, by adding section 41-1497.38; relating to landlord liability.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 41-1491, Arizona Revised Statutes, is amended to read: START_STATUTE41-1491. Definitions In this article, unless the context otherwise requires: 1. "Aggrieved person" includes any person who either: (a) Claims to have been injured by a discriminatory housing practice. (b) Believes that he the person will be injured by a discriminatory housing practice that is about to occur. 2. "Assistance animal" means a trained or untrained animal that works, provides assistance, performs tasks or provides therapeutic or emotional support for the benefit of a person with a disability. 2. 3. "Complainant" means a person, including the attorney general, who files a complaint under section 41-1491.22. 3. 4. "Conciliation" means the attempted resolution of issues raised by a complaint or by the investigation of the complaint through informal negotiations involving the aggrieved person, the respondent and the attorney general. 4. 5. "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation. 5. 6. "Disability" means a mental or physical impairment that substantially limits at least one major life activity, a record of such an impairment or being regarded as having such an impairment. Disability does not include current illegal use of or addiction to any drug or illegal or federally controlled substance. Disability shall be defined and construed as the term is defined and construed by the Americans with disabilities act of 1990 (P.L. 101-336) and the ADA amendments act of 2008 (P.L. 110-325; 122 Stat. 3553). 6. 7. "Discriminatory housing practice" means an act prohibited by sections 41-1491.14 through 41-1491.21. 7. 8. "Dwelling" means either: (a) Any building, structure or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one or more families. (b) Any vacant land that is offered for sale or lease for the construction or location of a building, structure or part of a building or structure described by subdivision (a) of this paragraph. 8. 9. "Family" includes a single individual. 9. 10. "Person" means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, receivers, fiduciaries, banks, credit unions and financial institutions. 10. 11. "Respondent" means either: (a) The person accused of a violation of this article in a complaint of a discriminatory housing practice. (b) Any person identified as an additional or substitute respondent under section 41-1491.25 or an agent of an additional or substitute respondent. 12. "Service animal": (a) MEANS ANY DOG OR MINIATURE HORSE THAT IS INDIVIDUALLY TRAINED OR IN TRAINING TO DO WORK OR PERFORM TASKS FOR THE BENEFIT OF AN INDIVIDUAL WITH A DISABILITY, INCLUDING A PHYSICAL, SENSORY, PSYCHIATRIC, INTELLECTUAL OR OTHER MENTAL DISABILITY. (b) DOES NOT INCLUDE OTHER SPECIES OF ANIMALS, WHETHER WILD OR DOMESTIC, TRAINED OR UNTRAINED. 11. 13. "To rent" includes to lease, to sublease, to let or to otherwise grant for a consideration the right to occupy premises not owned by the occupant. END_STATUTE Sec. 2. Title 41, chapter 9, article 7, Arizona Revised Statutes, is amended by adding section 41-1497.38, to read: START_STATUTE41-1497.38. Assistance animals; reasonable accommodation NOTWITHSTANDING ANY OTHER LAW, A LANDLORD IS NOT LIABLE FOR INJURIES or damages CAUSED BY A purported ASSISTANCE ANIMAL OR purportED SERVICE ANIMAL THAT IS ALLOWED AS A REASONABLE ACCOMMODATION OR a REASONABLE MODIFICATION ON THE LANDLORD'S PROPERTY OR WITHIN PROPERTY CONTROLLED BY THE LANDLORD. This section does not limit or abridge the rights of a person with a disability as otherwise prescribed in this chapter.END_STATUTE
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-1491, Arizona Revised Statutes, is amended to read:
START_STATUTE41-1491. Definitions
In this article, unless the context otherwise requires:
1. "Aggrieved person" includes any person who either:
(a) Claims to have been injured by a discriminatory housing practice.
(b) Believes that he the person will be injured by a discriminatory housing practice that is about to occur.
2. "Assistance animal" means a trained or untrained animal that works, provides assistance, performs tasks or provides therapeutic or emotional support for the benefit of a person with a disability.
2. 3. "Complainant" means a person, including the attorney general, who files a complaint under section 41-1491.22.
3. 4. "Conciliation" means the attempted resolution of issues raised by a complaint or by the investigation of the complaint through informal negotiations involving the aggrieved person, the respondent and the attorney general.
4. 5. "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation.
5. 6. "Disability" means a mental or physical impairment that substantially limits at least one major life activity, a record of such an impairment or being regarded as having such an impairment. Disability does not include current illegal use of or addiction to any drug or illegal or federally controlled substance. Disability shall be defined and construed as the term is defined and construed by the Americans with disabilities act of 1990 (P.L. 101-336) and the ADA amendments act of 2008 (P.L. 110-325; 122 Stat. 3553).
6. 7. "Discriminatory housing practice" means an act prohibited by sections 41-1491.14 through 41-1491.21.
7. 8. "Dwelling" means either:
(a) Any building, structure or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one or more families.
(b) Any vacant land that is offered for sale or lease for the construction or location of a building, structure or part of a building or structure described by subdivision (a) of this paragraph.
8. 9. "Family" includes a single individual.
9. 10. "Person" means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, receivers, fiduciaries, banks, credit unions and financial institutions.
10. 11. "Respondent" means either:
(a) The person accused of a violation of this article in a complaint of a discriminatory housing practice.
(b) Any person identified as an additional or substitute respondent under section 41-1491.25 or an agent of an additional or substitute respondent.
12. "Service animal":
(a) MEANS ANY DOG OR MINIATURE HORSE THAT IS INDIVIDUALLY TRAINED OR IN TRAINING TO DO WORK OR PERFORM TASKS FOR THE BENEFIT OF AN INDIVIDUAL WITH A DISABILITY, INCLUDING A PHYSICAL, SENSORY, PSYCHIATRIC, INTELLECTUAL OR OTHER MENTAL DISABILITY.
(b) DOES NOT INCLUDE OTHER SPECIES OF ANIMALS, WHETHER WILD OR DOMESTIC, TRAINED OR UNTRAINED.
11. 13. "To rent" includes to lease, to sublease, to let or to otherwise grant for a consideration the right to occupy premises not owned by the occupant. END_STATUTE
Sec. 2. Title 41, chapter 9, article 7, Arizona Revised Statutes, is amended by adding section 41-1497.38, to read:
START_STATUTE41-1497.38. Assistance animals; reasonable accommodation
NOTWITHSTANDING ANY OTHER LAW, A LANDLORD IS NOT LIABLE FOR INJURIES or damages CAUSED BY A purported ASSISTANCE ANIMAL OR purportED SERVICE ANIMAL THAT IS ALLOWED AS A REASONABLE ACCOMMODATION OR a REASONABLE MODIFICATION ON THE LANDLORD'S PROPERTY OR WITHIN PROPERTY CONTROLLED BY THE LANDLORD. This section does not limit or abridge the rights of a person with a disability as otherwise prescribed in this chapter.END_STATUTE