PHOENIX – Attorney General Kris Mayes announced today a housing public enforcement lawsuit against Frame Properties Limited Partnership (“Frame”). The lawsuit alleges that Frame violated the Arizona Fair Housing Act (“AFHA”) when it denied a reasonable accommodation to a tenant with a disability who relies on Social Security Disability Insurance (“Social Security”) income assistance to pay her rent.
"Housing providers in Arizona have a legal obligation to make reasonable accommodations for tenants with disabilities, without charging them discriminatory fees. Compliance is not optional and I will not hesitate to hold housing managers and landlords accountable under the law," said Attorney General Mayes. "As our states' top lawyer and chief law enforcement officer, it's my job to protect Arizona renters and uphold Arizona housing law."
Social Security is often received after the first of the month. As alleged in the Complaint, to account for the delay in her Social Security payments, the tenant requested that Frame modify its rent payment policy to allow her to pay rent on the third of the month without penalty. Frame denied the requested accommodation unless the tenant paid an additional fee. The State alleges that the tenant’s request was reasonable on its face and should have been granted.
It is unlawful to discriminate against a tenant because of the tenant’s disability. Discrimination under the AFHA includes a housing provider refusing to make reasonable accommodations in rules, policies, or practices that may be necessary to afford the tenant with a disability an equal opportunity to use and enjoy a dwelling. Adjusting a rental due date to accommodate a disabled tenant’s income assistance is a standard reasonable accommodation:
- In 2004, the U.S. Department of Housing and Urban Development (“HUD”) and Department of Justice issued technical assistance which includes the following question and answer, “May a housing provider charge an extra fee or require an additional deposit from applicants or residents with disabilities as a condition of granting a reasonable accommodation? No. Housing providers may not require persons with disabilities to pay extra fees or deposits as a condition of receiving a reasonable accommodation.”
- In 2022, HUD added examples of fair housing reasonable accommodations to its website, including the example, “Adjusting a rent payment schedule to accommodate when an individual receives income assistance.”
Housing providers in Arizona must know their obligations under the Arizona Fair Housing Act. Compliance with the law is not discretionary.
The mission of the Civil Rights Division of the Arizona Attorney General’s Office is to enforce civil rights laws, increase public awareness of civil rights, provide dispute resolution services, and offer community services throughout the State. If you believe you’ve been a victim of unlawful discrimination in housing, employment, public accommodations, or voting, please contact our office at (602) 542-5263 or submit an intake questionnaire at www.azag.gov/complaints/civil-rights.
A copy of the complaint is available below.