CLARK BAR UPDATES

 CLARK BAR UPDATES



 Clark Bar Updates:

December 7, 2023 : SOURCE OF INCOME ORDINANCES IN TEMPE, PHOENIX AND TUCSON October 12, 2023 : CARES ACT COMPLIANCE May 1, 2023 : SOURCE OF INCOME PROTECTION FACT SHEET March 21, 2023 : ENFORCEMENT OF SOURCE OF INCOME ORDINANCES (TUCSON AND PHOENIX) March 8, 2023 : ATTORNEY GENERAL CLEARS PATH FOR ENFORCEMENT OF SOURCE OF INCOME ORDINANCES (TUCSON AND PHOENIX) April 7, 2022 : JUDY DRICKEY-PROHOW, ESQ February 1, 2022 : UPDATED NOTICE & MANDATORY EVICTION INTAKE FORM October 4th, 2021 : NOTICE & MANDATORY EVICTION INTAKE FORM September 1st, 2021 : COVID-19 - NON-PAYMENT CASES REQUIRE 6 MONTHS OF TENANT LEDGER August 27th, 2021 : COVID-19 - FOLLOW-UP - CDC EVICTION MORATORIUM DECLARED UNCONSTITUTIONAL August 26th, 2021 : COVID-19 - CDC EVICTION MORATORIUM DECLARED UNCONSTITUTIONAL August 19th, 2021 : COVID-19 - CARES ACT COMMUNITIES REMINDER & NOTICE August 6th, 2021 : COVID-19 - POSSIBLE DELAYED COURT HEARINGS August 3rd, 2021 : COVID-19 - *** CDC Issues New Order Temporarily Halting All Financial Evictions in the United States *** July 30th, 2021 : COVID-19 - *** Advisory for Cares Act Covered Communities *** July 22nd, 2021 : COVID-19 - The Return to Normalcy: How to Execute Writs on Cases Delayed by the CDC Moratorium June 30th, 2021 : COVID-19 - UPDATED AO 2021-47 LANDLORD CERTIFICATION 7/1/2021 June 24th, 2021 : COVID-19 - CDC EXTENDED ITS ORDER THROUGH 7/31/2021 June 11th, 2021 : COVID-19 - ** CRITICAL CDC ORDER UPDATE & UPDATED FORM ** June 7th, 2021 : COVID-19 - ** CRITICAL CDC ORDER UPDATE & UPDATED FORM ** May 24th, 2021 : COVID-19 - Expiration of CARES Act - Changes to Non-Payment of Rent Notice April 22, 2021 : COVID-19 - CFPB RULE CHANGE AFFECTION ISSUANCE OF NON-PAYMENT OF RENT NOTICES IN ARIZONA April 14, 2021 : COVID-19 - **UPDATE - CRITICAL CDC ORDER UPDATE & UPDATED FORM** April 5, 2021 : COVID-19 - **CRITICAL CDC ORDER UPDATE & UPDATED FORM** March 30, 2021 : COVID-19 - CDC EXTENDED ITS ORDER THROUGH 6/30/2021 February 26, 2021 : COVID-19 - CDC ORDER TEMPORARILY HALTING CERTAIN RESIDENTIAL EVICTIONS DECLARED UNCONSTITUTIONAL February 23, 2021 : COVID-19 - UPDATED RENTAL ASSISTANCE PROGRAMS BY COUNTY February 19, 2021 : COVID-19 - RENTAL ASSISTANCE PROGRAMS BY COUNTY February 2, 2021 : COVID-19 - PIMA COUNTY - CDC EVICTION MORATORIUM February 1, 2021 : COVID-19 - CDC EXTENDS ORDER TEMPORARILY HALTING ALL FINANCIAL EVICTIONS IN U.S. January 28, 2021 : COVID-19 - ** CRITICAL CDC ORDER UPDATE ** January 4, 2021 : COVID-19 - NEW CDC DECLARATION ATTESTATION FORM - AO 229 LANDLORD CERTIFCATION December 22, 2020 : COVID-19 - EVICTION PROTOCOL UPDATE December 18, 2020 : PIMA COUNTY - NEW MASK RESOLUTION October 22, 2020 : COVID-19 - UPDATED CDC DECLARATION ATTESTATION FORM (V5) October 14, 2020 : COVID-19 - CRITICAL SECOND UPDATE - CDC Order Temporarily Halting Evictions October 12, 2020 : COVID-19 - CRITICAL UPDATE - CDC Order Temporarily Halting Evictions September 23, 2020 : COVID-19 - Thirty (30) day notice (CARES ACT COVERED PROPERTY) September 9, 2020 : COVID-19 - Arizona Non-Payment Evictions During the CDC Order September 2, 2020 : COVID-19 - CDC SEEKS TO TEMPORARILY HALT ALL FINANCIAL EVICTIONS IN THE UNITED STATES August 26, 2020 : COVID-19 - ARIZONA GYM/FITNESS REOPENING August 18, 2020 : COVID-19 - ARIZONA GYM/FITNESS CENTER REOPENING GUIDELINES August 12, 2020 : COVID-19 - WHY FILE NON-PAYMENT EVICTIONS? August 4, 2020 : COVID-19 - GOVERNOR RELEASED RENTAL PROPERTY OWNER PRESERVATION FUND - APPLY TODAY! July 17, 2020 : COVID-19 - EXTENSION OF TEMPORARY POSTPONEMENT OF THE EXECUTION OF THE WRIT OF RESTITUTION July 7, 2020 : COVID-19 - EXPIRATION OF CARES ACT - Changes to Non-Payment of Rent Notice June 29, 2020 : COVID-19 - PAUSING OF ARIZONA'S REOPENING April 3, 2020 : COVID-19: NEW PAID LEAVE AND FMLA RULES April 1, 2020 : COVID-19: Governor Ducey's Stay at Home Order April 1, 2020 : COVID-19: EVICTION PROTOCOL UPDATE March 28, 2020 : COVID-19: SUMMARY March 25, 2020 : COVID-19: PIMA COUNTY JUSTICE COURT CHANGES March 25, 2020 : COVID-19: Compliance with Non-Discrimination Laws March 24, 2020 : **REVISED** COVID-19 Eviction Protocol Update March 23, 2020 : IMPORTANT LEGAL UPDATE - Families First Coronavirus Response Act March 20, 2020 : Arizona Multihousing Association seeks assistance in getting tenants to petition AZ Legislature to Approve Immediate Emergency Funding for Eviction Prevention March 20, 2020 : IMPORTANT LEGAL UPDATE for Coronavirus Disease 2019 (COVID-19) March 20, 2020 : SUMMARY OF AZ TRIAL COURT COVID-19 PROCEDURES March 19, 2020 : IMPORTANT EVICTION UPDATE for Coronavirus Disease 2019 (COVID-19) March 18, 2020 : FAQ for Coronavirus Disease 2019 (COVID-19) March 15, 2020 : Coronavirus ("Covid-19")

CLARK BAR UPDATE: MARCH 8TH 2023

Clark & Walker, P.C. - Attorneys at Law
Date: March 8, 2023
By: Christopher R. Walker, Esq.

ATTORNEY GENERAL CLEARS PATH FOR ENFORCEMENT OF SOURCE OF INCOME ORDINANCES (TUCSON AND PHOENIX)

On March 8, 2023, Attorney General Kris Mayes issued a ruling which has overturned a prior ruling made by her predecessor that decreed the Tucson Source of Income Ordinance violative of state law. In her opinion, Attorney General Mayes reverses all points of law that the prior attorney general relied on in rendering the decision that the Tucson ordinance violated state law, paving the way for Tucson to start enforcing its ordinance.

As of the date of this publication, there has been no official comments from the City of Tucson but we expect that the city will quickly respond and release a statement concerning the effective date of the SOI ordinance. Unfortunately, this has a domino effect as earlier this month the City of Phoenix adopted its own ordinance concerning source of income, substantially similar to Tucson’s. It is highly probable that both localities will make announcements in the coming days as to the effective date of their respective SOI ordinances.

IMPORTANT FACTS ABOUT THESE ORDINANCES:

• The Ordinances in Tucson and Phoenix prohibit discrimination based solely on Source of Income.
• Prospective tenants must still qualify under all other legal screening criteria so long as those requirements are evenly applied to all tenants.
• The Ordinances will require you to determine financial qualification based on the tenant’s share of the rent, not including the voucher value.
(EXAMPLE: Monthly rent of $1,000.00 with a voucher for $700.00. If the property has an income requirement of three times the monthly rent the tenant would need to make $900.00 per month ($300 X 3) as opposed to $3,000.00 per month ($1,000 X 3).
• If a prospective tenant qualifies under all rental criteria you may not deny them because they hold a Section 8 or public housing voucher.
• Landlords are not able to advertise or make the following statements: “No Section 8 accepted” or “There is a wait list for people with vouchers.”

WHAT THE ORDINANCES DO NOT DO:
Does not require landlords to lower rent but may not charge a higher rent based solely on the applicant holding a public housing voucher.
Does not prohibit landlords from enforcing all provisions of the lease up to and including eviction.

ENFORCEMENT

It is likely that enforcement with penalties will not begin immediately. We suspect there will be some level of a grace period before the penalties authorized in the ordinances take effect. If Phoenix follows the same model as Tucson, the agencies enforcing the ordinance will be seeking compliance and education more than they will seek to enforce through penalties. However, you should be aware that there are potential fines for violating this ordinance and they are set forth below:

• FIRST VIOLATION = A fine of no less than $300.00 and no more than $2,500.00
• SECOND VIOLATION = A fine of no less than $600.00 and no more than $2,500.00
• THIRD VIOALTION = A fine of less than $900.00 and no more than $2,500.00.

If you have questions about this information, please consult with an attorney.
Clark & Walker, P.C. - Attorneys at Law
www.clarkwalker.com

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COVID-19 NEVADA UPDATES: https://www.clarkwalker.com/COVID-19N.asp



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