Single-Family Residential Construction Licensing Delays

Arizona law prohibits cities, towns, and counties from “maliciously delay[ing] adopted licensing time frames . . . for single-family residential construction or a response to an application for single-family residential construction. See A.R.S. § 9-500.54 (cities and towns); § 11-269.31 (counties).

In this context, “malicious” means “acting with specific intent to obstruct approval of an application by imposing requirements not specifically authorized by code, ordinance, standard or other legal requirements, repeated unexplained delays of more than twice the [licensing entity’s] adopted licensing time frame . . . or delays resulting from other pending applications by the same applicant.” See A.R.S. § 9-500.54(F)(2)(a); § 11-269.31(F)(2)(a).

Delays that are “due to resources constraints” or “caused by [1] the applicant or a third party, [2] good faith errors or [3] enforcement of adopted technical codes” are not “malicious.” See A.R.S. § 9-500.54(F)(2)(b); § 11-269.31(F)(2)(b).

The Arizona Attorney General’s Office is authorized to investigate and enforce these laws. A.R.S. § 9-500.54(B); § 11-269.31(B).

If you are a property owner with a pending single-family residential construction application that you believe has been maliciously delayed, please complete the form below.

Please note:

Only a property owner with a pending “application” for a single-family residential construction project is entitled to submit a complaint. An application is “a site plan, development plan, land division, lot line adjustment, lot tie, preliminary plat, final play, plat amendment or building permit.” See A.R.S. § 9-500.54(F)(1); § 11-269.31(F)(1).
You must submit all of the requested materials. Incomplete complaints will not be investigated.
Complaints and supporting materials are considered public records and may be disclosed pursuant to applicable laws.

Property Owner Information

Name of Person Submitting Complaint

Relationship to Property Owner

Name of Property Owner

Email

Phone

Address

Address 2

City/Town

State

ZIP/Postal Code

Parcel Number(s) of the Subject Property

Alleged Violator

Name of City/Town/County

Required Documents

Copy of all Applications at issue.

One file only.
100 MB limit.
Allowed types: txt, pdf, doc, docx, xls, xlsx, jpg.

Copies of any written communications with any official, employee, or representative of the Alleged Violator regarding your Application(s).

One file only.
100 MB limit.
Allowed types: txt, pdf, doc, docx, xls, xlsx, jpg.

A written narrative describing in detail (1) the status of the pending Application(s) and length of the delay, (2) all relevant dates and deadlines imposed by code, ordinance, standard, or other legal requirement, (3) your communications with the Alleged Violator regarding the Application(s) and (4) all of the reasons why you believe that the delay is “malicious.”

One file only.
100 MB limit.
Allowed types: txt, pdf, doc, docx, xls, xlsx, jpg.

I declare under penalty of perjury that the facts and statements contained in this declaration, including any attached materials, are true, correct, and based upon my personal knowledge. I understand that this declaration and any supporting materials are public records and may be disclosed as required by law. I understand that, depending on the nature of the allegation, my complaint may be referred to another state or local agency for enforcement.

Signature

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