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: DECEMBER 7TH 2023

By: Christopher R Walker, Esq
Date: December 7, 2023

SOURCE OF INCOME ORDINANCES IN TEMPE, PHOENIX AND TUCSON

As of December 1, 2023, the City of Tempe joined the City of Phoenix and the City of Tucson in adopting an ordinance which seeks to prohibit discrimination in housing on the basis of the source of a tenant or prospective tenant’s income. Through a unanimous council vote, the City of Tempe’s council voted to expand their fair housing rules to include a new protected class, source of income.

Much like the ordinances in Phoenix and Tucson, Tempe has defined source of income as

ANY LAWFUL SOURCE OF INCOME OR SUPPORT THAT PROVIDES FUNDS TO OR ON BEHALF OF A RENTER OR BUYER OF HOUSING AND IS VERIFIABLE AS TO AMOUNT, REGULARITY, RECEIPT, AND LENGTH OF TIME RECEIVED OR TO BE RECEIVED, INCLUDING, BUT NOT LIMITED TO, WAGES, SALARIES, GRANT, GIFT, LOAN, INHERITANCE, PENSION, ANNUITY, CHILD SUPPORT, SPOUSAL SUPPORT, FOSTER CARE SUBSIDIES, RENTAL ASSISTANCE, SECURITY DEPOSIT OR DOWN PAYMENT ASSISTANCE, INCOME DERIVED FROM SOCIAL SECURITY OR DISABILITY INSURANCE, VETERANS’ BENEFITS, SECTION 8 HOUSING CHOICE VOUCHERS, OR ANY OTHER FORM OF GOVERNMENTAL ASSISTANCE, BENEFIT, OR SUBSIDY. SOURCE OF INCOME INCLUDES ANY REQUIREMENT OF ANY SUCH PROGRAM, ASSISTANCE, BENEFIT, OR SUBSIDY.

The primary focus of the ordinance is to address an issue that some municipalities believe exists, i.e. landlord’s refusing to participate in Section 8 programs. Unfortunately, landlords that have assets physically within the boundaries of the cities of Tucson, Phoenix, and now Tempe will be subject to these rules and will not be able to tell prospective tenants or current tenants that it will not participate in the Section 8 program. All other rules will remain enforceable.

IMPORTANT FACTS ABOUT THESE ORDINANCES:

· The Ordinances in Tempe, Phoenix, and Tucson 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.

· Does not require you to delay eviction cases to allow for rental assistance applications to process.
ENFORCEMENT

It is likely that Tempe will not immediately begin to enforce this amendment to their fair housing ordinance. Tempe will likely be working to educate landlords before engaging in enforcement measures. As Tempe expands this protection in the coming weeks we expect there to be more literature from the City which we will include in subsequent articles for your review.
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 ARIZONA UPDATES: https://www.clarkwalker.com/COVID-19.asp
COVID-19 NEVADA UPDATES: https://www.clarkwalker.com/COVID-19N.asp



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