NEW ARIZONA LAW PERMITS COUNTIES TO ENACT INSPECTION PROGRAMS FOR RESIDENTIAL RENTAL PROPERTIES

September 12, 2012 Comments Off on NEW ARIZONA LAW PERMITS COUNTIES TO ENACT INSPECTION PROGRAMS FOR RESIDENTIAL RENTAL PROPERTIES

A recent change to the Arizona Landlord-Tenant Act permits counties to adopt “county-wide” residential rental property inspection programs. Before an inspection program can be adopted, however, the county must notify all owners of residential rental property and hold a public hearing.

Under Arizona Revised Statutes §§ 11-1701 to 1705 (added in 2012), a county may now create an inspection program that allows interior inspection of residential rental properties if an exterior inspection (from a public street or an adjacent property after a complaint) reveals certain problems. The problems that can support an interior inspection include conditions affecting health and safety of occupants, crime associated with the property, a history of building code violations, a reasonable probability of a building code violation, and a complaint regarding the property.

Before adopting an inspection program, however, a county must hold a public hearing. All owners of residential rental properties registered with the county assessor must be notified of the public hearing by mail. Counties must rely on the county assessor’s office for the names and addresses of the owners of registered rental properties in the county and cannot adopt a separate licensing or registration system. Use of the assessor’s office avoids unnecessary duplication because (under Arizona Revised Statutes § 33-1901) owners of residential rental properties must register with the county assessor. Click here for more information on registration with the Maricopa County Assessor’s Office.

As of this posting, I have NOT found any information suggesting that Maricopa County will seek to adopt a residential rental property inspection program. If anyone has learned otherwise, please post a comment. In the event Maricopa County does seek to enact an inspection program, registered owners of rental properties can expect to receive a notice in the mail.

To contact the author of this post and for East Valley business law services, please visit the website for the Law Office of James D. Griffith, P.L.L.C. and use one of the contact options provided.

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