Tucson Landlord-Tenant Rules
Tucson adds local rules on top of Arizona landlord-tenant law. Here is what is different, with the city code or agency page behind each rule.
| Fair housing (local protected classes) | Tucson's Human Relations Ordinance protects race, color, national origin, ancestry, disability, age, sexual orientation, gender identity, religion, sex, familial status and marital status. For housing, it also protects source of income. Under the source-of-income amendment, a landlord, property manager or seller may not reject a housing application solely because the applicant's lawful income includes Housing Choice (Section 8) vouchers, Rapid Rehousing or other federal, state or local assistance. Complaints must be filed within 180 calendar days for housing. Source-of-income concerns start with a pre-complaint form to the Office of Equal Opportunity Programs, (520) 791-4593. Other housing discrimination is referred to the Southwest Fair Housing Council. Source-of-income details: https://www.tucsonaz.gov/Departments/Office-of-Equal-Opportunity-Programs/Housing-Discrimination. A search-result FAQ suggested a small-landlord exemption and cited Secs. 17-51 and 17-53, but the FAQ page would not render, so this was not verified. |
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| State preemption / Attorney General review | Arizona preempts local rent control (A.R.S. 33-1329). Legislators can also ask the Attorney General to investigate city ordinances, and a city that refuses to fix a violation loses state-shared revenue (A.R.S. 41-194.01). The previous Attorney General moved to block Tucson's source-of-income ordinance. Attorney General Kristin Mayes reversed that decision and concluded the ordinance does not violate state law or the Arizona Constitution, so the ordinance is in effect. Statutes: https://www.azleg.gov/ars/33/01329.htm and https://www.azleg.gov/ars/41/00194-01.htm. |
| Habitability/code enforcement & complaint line | Report unsafe living conditions to Planning & Development Services Code Enforcement under the Neighborhood Preservation Ordinance. This covers unsafe conditions, no utilities, heating or cooling, unsanitary conditions, and cockroaches or rodents. Use the online complaint form, call (520) 791-5843 (Mon-Fri, 8-4:30), or email codeenforcement@tucsonaz.gov. Code Enforcement does not investigate open cases for mold, bed bugs or termites. No City rental registration or proactive rental inspection program was found. |
| Tenant right to counsel | Pima County's Emergency Eviction Legal Services (EELS) gives a free attorney in eviction cases to tenants with income at or below 80% AMI (for example, $53,850 for a 1-person household). Navigators help all tenants and landlords in Pima County eviction cases with the process and with resources such as rent help. Call 520-724-3357 (520-724-EELS). This is a county program, not a guaranteed right created by ordinance. Source: Official source |
| Local rental assistance | The City's Landlord-Tenant Resources page refers tenants to the Pima County Community Assistance Division (2797 E Ajo Way, 520-724-7700) and the Arizona Rental Assistance Program hotline (833-912-0878). It also lists legal aid from Southern Arizona Legal Aid (520-623-9461) and Step Up to Justice. The page does not say whether state rental assistance applications are currently open. Source: Official source |
Eviction cases in Tucson are heard in: Pima County Consolidated Justice Court - Evictions Specialty Court, 240 N. Stone Ave., Tucson (Ajo and Green Valley precincts hear their own)
Eviction court, fees and help
Right to a lawyer in eviction cases
No guaranteed right. Pima County funds free eviction attorneys for tenants at or below 80% AMI through Emergency Eviction Legal Services. Official source
Local agencies
- Tucson Office of Equal Opportunity Programs (OEOP) — Enforces Chapter 17, including the source-of-income housing protection. (520) 791-4593.
- Tucson Planning & Development Services - Code Enforcement — Enforces the Neighborhood Preservation Ordinance for unsafe or unsanitary housing. (520) 791-5843.
- Tucson Housing and Community Development — Landlord-tenant resources and referrals. (520) 791-4171.
- Pima County Emergency Eviction Legal Services — Free eviction attorney for tenants at or below 80% AMI, plus eviction navigation. 520-724-3357.
- Southwest Fair Housing Council — Investigates housing discrimination (non-source-of-income). 1-888-624-4611.
Frequently asked questions
What landlord-tenant rules does Tucson add on top of Arizona law?
Fair housing (local protected classes): Tucson's Human Relations Ordinance protects race, color, national origin, ancestry, disability, age, sexual orientation, gender identity, religion, sex, familial status and marital status. For housing, it also protects source of income. Under the source-of-income amendment, a landlord, property manager or seller may not reject a housing application solely because the applicant's lawful income includes Housing Choice (Section 8) vouchers, Rapid Rehousing or other federal, state or local assistance. Complaints must be filed within 180 calendar days for housing. Source-of-income concerns start with a pre-complaint form to the Office of Equal Opportunity Programs, (520) 791-4593. Other housing discrimination is referred to the Southwest Fair Housing Council.; State preemption / Attorney General review: Arizona preempts local rent control (A.R.S. 33-1329). Legislators can also ask the Attorney General to investigate city ordinances, and a city that refuses to fix a violation loses state-shared revenue (A.R.S. 41-194.01). The previous Attorney General moved to block Tucson's source-of-income ordinance. Attorney General Kristin Mayes reversed that decision and concluded the ordinance does not violate state law or the Arizona Constitution, so the ordinance is in effect.; Habitability/code enforcement & complaint line: Report unsafe living conditions to Planning & Development Services Code Enforcement under the Neighborhood Preservation Ordinance. This covers unsafe conditions, no utilities, heating or cooling, unsanitary conditions, and cockroaches or rodents. Use the online complaint form, call (520) 791-5843 (Mon-Fri, 8-4:30), or email codeenforcement@tucsonaz.gov. Code Enforcement does not investigate open cases for mold, bed bugs or termites.; Tenant right to counsel: Pima County's Emergency Eviction Legal Services (EELS) gives a free attorney in eviction cases to tenants with income at or below 80% AMI (for example, $53,850 for a 1-person household). Navigators help all tenants and landlords in Pima County eviction cases with the process and with resources such as rent help. Call 520-724-3357 (520-724-EELS).
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.