The city pulled back on an ordinance it passed in September banning housing discrimination based on a person’s source of income, like child support, rental assistance or other forms of governmental assistance.
Jamie Donnelly Arizona Attorney General Kristin Mayes has reversed her predecessor’s decision to block an ordinance that bans landlords in Tucson from rejecting tenants based on their source of income.
People are also reading… On Sept. 27, Romero and other members of city council approved the Source of Income Ordinance. It banned housing discrimination based on a person’s source of income, which include child support, spousal support, rental assistance, social security or disability insurance, veteran’s benefits and any other form of governmental assistance.
In December, Brnovich ruled the city’s new measure violated a state law that preempts municipalities from regulating the rental housing industry, the Star reported. As a result, Tucson had until Jan. 21 to resolve the violation or have its state shared money withheld. Mayes’ argued that the statue does not apply to subsequent amendments to a city or town’s duly enacted fair housing ordinance.
“Among other things, these legal errors would discourage cities and towns from amending their fair housing ordinances to reflect changes in state and federal fair housing laws, and would undermine all post-1995 amendments made to those ordinances even if the amendments brought the local ordinances into compliance with federal and state law,” the report said. “These legal errors and their concerning consequences necessitated reconsideration of Investigative Report No. 22-002.
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