TUCSON, Ariz. (KGUN) — A new ordinance the Tucson Mayor and Council adopted this year was designed to protect renters who use section 8 housing vouchers. Arizona Attorney General Mark Brnovich is now calling it 'unlawful.'
"Tucson’s ordinance restricting home sellers and renters from considering the source of income of interested individuals violates state law,” said Brnovich in a press statement. “It must therefore be repealed in 30 days.”
Brnovich's office launched an investigation to determine the legality of Tucson's 'Source of Income' ordinance, passed unanimously by Mayor and Council in September.
Tucson City Attorney Mike Rankin's office sent a response to Brnovich that said no part of the amendment conflicts with state law and asked that Brnovich take no further action on the complaint.
“We will evaluate the Attorney General’s finding over the next few days and then discuss the next steps with the Mayor and Council at the next available meeting," City Attorney Mike Rankin said in a statement to KGUN 9. "The City’s earlier opinion on the legal issues can be found in the attached response that we provided to the Attorney General’s Office.”
According city officials, the ordinance was created in response to a rise in rents and homelessness across Tucson, plus an increasing trend in which landlords were choosing not to accept housing choice vouchers.
"We’re saying you need to have another reason for not extending somebody’s lease other than ‘I don’t want to participate in your housing choice voucher program, I don’t want to take someone on social security,” Steve Kozachik, Ward 6 City Council member told KGUN 9 in August, prior to adoption of the ordinance.
But according to Brnovich, the ordinance violates a state statute that does allow local housing ordinances—as long as those ordinances were passed prior to a deadline of Jan. 1, 1995.
The Office concludes that the Ordinance is inconsistent with the requirements for local fair housing ordinances set forth in A.R.S. §§ 9-500.09 and 41-194.06(C). Tucson clearly meets the first requirement of those statutes—Tucson had “a population of three hundred fifty thousand or more persons according to the 1990 United States decennial census[.]” A.R.S. § 9-500.09; see also A.R.S. § 41-1491.06(C).
The Ordinance does not, however, meet the second requirement for local fair housing ordinances because the Ordinance was enacted later than January 1, 1995.
The Ordinance is, therefore, contrary to state law. The Office also concludes that providing equal opportunity and avoiding discrimination in housing is both a matter of statewide interest and local concern. Because of the overlap in statewide and local interests, contrary state law takes precedence over the Ordinance.
The city has a 'Source of Income' Ordinance website with additional information for the public. The city has additional plans to re-open itssection 8 housing waitlist by Tuesday, Jan. 3.
A spokesperson from the Tucson City Manager's office told KGUN 9 the item is expected to go before council at the next Mayor and Council meeting scheduled for Tuesday, Jan. 10.
This is a developing story. We will update this article as new information becomes available.
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Anne Simmons is the digital executive producer for KGUN 9. Anne got her start in television while still a student at the University of Arizona. Before joining KGUN, she managed multiple public access television stations in the Bay Area and has worked as a video producer in the non-profit sector. Share your story ideas and important issues with Anne by emailing anne.simmons@kgun9.com or by connecting on Instagram, Twitter or LinkedIn.
