General Brnovich Announces Tucson's "Source of Income" Ordinance Violates State Law

PHOENIX –  Arizona Attorney General Mark Brnovich determined the City of Tucson’s "source of income" ordinance violates state law for purposes of S.B. 1487. The Attorney General's Office (AGO) officially notified the City of Tucson that the ordinance must be rescinded.

"Tucson’s ordinance restricting home sellers and renters from considering the source of income of interested individuals violates state law,” said Attorney General Mark Brnovich. “It must therefore be repealed in 30 days.”

The ordinance makes it unlawful for a landlord or property manager to deny an application just because of how an applicant makes their money. The AGO's “S.B. 1487” investigation determined Tucson's ordinance defines “source of income” broadly as “wages, salaries, child support, spousal support, foster care subsidies, rental assistance, security deposit or downpayment assistance, income derived from social security or disability insurance, veterans’ benefits, or any other form of governmental assistance, benefit, or subsidy.” 

In 1992, the Arizona legislature passed A.R.S. § 9-500.09, giving certain large cities and towns the power to enact local fair housing ordinances.  However, that statute and several others said local fair housing ordinances had to be passed “no later than January 1, 1995.”  The AGO determined that Tucson’s ordinance passed 27 years after January 1, 1995, violating the deadline.

Copy of AGO report of Tucson Ordinance here.