Arizonaโs lame duck Republican attorney general is taking aim at the city of Tucson over a new ordinance that bans local landlords from rejecting would-be tenants solely because they receive government help to pay the rent.
In one of his last acts of office, Mark Brnovich ruled the cityโs new anti-discrimination measure violates a state law that preempts municipalities from regulating the rental housing industry.
โArizona law does not include any right to be free from discrimination in the provision of housing based on โsource of income,โโ said a report released in a Dec. 22 news release from the attorney generalโs office.
Brnovich, whose term expires Dec. 31, gave the city 30 days to repeal the ordinance but by that time heโll be gone, replaced by Democrat Kris Mayes. It isnโt clear if the incoming attorney general would press ahead with the action.
The city could face a lawsuit from the state and a loss of state funds. Brnovich became involved late last month in response to a complaint from GOP Speaker-elect Rep. Ben Toma of Peoria, who is also a broker/owner of a Century 21 real estate firm, who said Tucson is trying to combat its housing shortage by illegally impinging on private property rights.
Toma welcomed Brnovichโs announcement with his own news release, which suggested the state should cut off funding to the city unless Tucson lawmakers reverse course.
โPrivate property is a fundamental right in this country, yet I continue to see government actors slowly chip away at it. This decision by our attorney general represents an important check on these perverse government takings,โ Tomaโs news release said.
The city legal department, in a recent written response to Tomaโs complaint, said the new ordinance is a legally permissible measure to combat housing discrimination. The city added source of income to the list of other forms of forbidden housing discrimination based on factors such as race, religion, gender or sexual orientation.
The city said the change is already helping Tucsonans who use various types of government benefits, including Section 8 vouchers, veterans benefits or Social Security payments to cover the rent.
For example, before the change, the city housing department received an average of 14 requests a day from landlords seeking approval for a tenant to use Section 8 housing vouchers. Now the city receives an average of 40 requests a day, the response letter said.
Ward 6 City Councilman Steve Kozachik, who said he worked โhand in gloveโ with city attorneys who drafted the new measure, said in an interview he is confident the change would survive a court challenge if it came to that.
โItโs sad that on his way out the door, (Brnovich) is advocating for housing discrimination against people living on fixed incomes,โ Kozachik said.
