10 Ariz. Admin. Code § R10-2-101

A. Words and phrases defined in A.R.S. §§ 41-1491.04, 411491.19, and 41-1491.20, when used in this Article, have the
defined meaning.
B. Other definitions:
1. “Accessible”, when used with respect to the public and
common-use areas of a building containing covered multifamily dwellings, means that the public or common-use
areas of the building can be approached, entered, and
used by individuals with physical handicaps. The phrase
“readily accessible to and usable by” is synonymous with
accessible.
2. “Accessible route” means a continuous unobstructed path
connecting accessible elements and spaces in a building
or within a site that can be negotiated by a person with a
severe disability using a wheelchair and that is also safe
for and usable by people with other disabilities. Interior
accessible routes include corridors, floors, ramps, elevators, and lifts. Exterior accessible routes include parking
access aisles, curb ramps, walks, ramps, and lifts. A route
that complies with 24 CFR 40 (1993), and no further
amendments or additions, incorporated herein by reference and on file with the Office of the Secretary of State
and at the Offices of the Attorney General, Civil Rights

5.

11.

12.
13.
14.
15.
16.
17.

Division, or a comparable standard is an “accessible
route”.
“Act” means the Fair Housing Act or A.R.S. Title 41,
Chapter 9, Article 7.
“Appraisal” means an estimate or opinion of the value of
a specified residential real property made in a business
context in connection with the sale, rental, financing, or
refinancing of a dwelling or in connection with any activity that otherwise affects the availability of a residential
real estate-related transaction, whether the appraisal is
oral or written, or transmitted formally or informally. The
appraisal includes all written comments and other documents submitted as support for the estimate or opinion of
value.
“Attorney General” means the Attorney General of the
state of Arizona, the Civil Rights Section or Division of
the Arizona Attorney General’s Office, or any person or
persons the Attorney General may delegate to act on his
or her behalf.
“Broker” or “Agent” means any person authorized to act
on behalf of another person regarding any matter related
to the administration, sale, rental, or lease of dwellings.
Acts may include offers, solicitations, contracts, or any
residential real estate-related transactions.
“Building” means a structure, facility, or portion of a
structure or facility that contains or serves one or more
dwelling units.
“Building entrance on an accessible route” means an
accessible entrance to a building that is connected by an
accessible route to public transportation stops, to parking
and passenger loading zones, or to public streets or sidewalks, if available.
“Civil Rights Section” means the Civil Rights Section or
Division of the Arizona Attorney General’s Office.
“Common-use areas” means rooms, spaces, or elements
inside or outside a building that are made available for the
use of residents of a building or their guests. These areas
include hallways, lounges, lobbies, laundry rooms, refuse
rooms, mail rooms, recreational areas, parking lots, and
passageways among and between buildings.
“Drug” means a controlled substance, as defined in
schedules I through V of Section 202 of the Controlled
Substances Act (21 U.S.C. 812 (1994)), and no further
amendments or additions, incorporated herein by reference and on file with the Office of the Secretary of State
and the Arizona Attorney General, Civil Rights Division.
“Dwelling unit” means a single unit of residence for a
household of one or more persons.
“Entrance” means any access point to a building or portion of a building used by residents for the purpose of
entering.
“Exterior” means all areas of the premises outside of an
individual dwelling unit.
“First occupancy” means occupancy of a building that
has never before been used for any purpose.
“Ground floor” means a floor of a building with a building entrance on an accessible route. A building may have
more than one ground floor.
“Handicap” means:
a. With respect to an individual:

i.

b.

c.

A physical or mental impairment that substantially limits one or more of the major life activities of the individual;
ii. A record of the impairment; or
iii. Being regarded as having such an impairment.
Nothing in this Article or the Act excludes from the
definition of a “handicap” an individual who:
i. Has successfully completed a supervised drug
rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise
been rehabilitated successfully and is no longer
engaging in the illegal use of drugs;
ii. Is participating in a supervised rehabilitation
program and is no longer engaging in the illegal
use of drugs; or
iii. Is erroneously regarded as engaging in the illegal use of drugs but is not doing so.
As used in this definition:
i. “Physical or mental impairment” includes:
(1) Any physiological disorder or condition,
cosmetic disfigurement, or anatomical
loss affecting one or more of the following
body systems: neurological, musculoskeletal; special sense organs; respiratory,
including speech organs; cardiovascular;
reproductive; digestive; genito-urinary;
hemic and lymphatic; skin; and endocrine;
or
(2) Any mental or psychological disorder,
such as mental retardation, organic brain
syndrome, emotional or mental illness,
and specific learning disabilities. The term
“physical and mental impairment”
includes such diseases and conditions as
orthopedic, visual, speech, and hearing
impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes,
Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction (other than addiction
caused by current, illegal use of a controlled substance) and alcoholism.
ii. “Major life activities” means functions such as
caring for one’s self, performing manual tasks,
walking, seeing, hearing, speaking, breathing,
learning, and working.
iii. “Has a record of such an impairment” means
has a history of, or has been misclassified as
having, a mental or physical impairment that
substantially limits one or more major life
activities.
iv. “Is regarded as having an impairment” means:
(1) Has a physical or mental impairment that
does not substantially limit one or more
major life activities but that is treated by
another person as constituting such limitation;
(2) Has a physical or mental impairment that
substantially limits one or more major life
activities only as a result of the attitudes of
others toward such an impairment; or
(3) Has none of the impairments defined in
subsection (c)(i) of this definition but is
treated by another person as having such
an impairment.

18. “Illegal use of drugs” means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act (21 U.S.C. 812) (1994) and no
further additions or amendments, incorporated herein by
reference and on file with the Office of the Secretary of
State and the Arizona Attorney General, Civil Rights
Division. Such term does not include the use of a drug
taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act (21 U.S.C. 801 et seq.) (1994) and no further
additions or amendments, incorporated herein by reference and on file with the Office of the Secretary of State
and the Arizona Attorney General, Civil Rights Division.
19. “Interior” means the spaces, parts, components, or elements of an individual dwelling unit.
20. “Modifications” means any change to the public or common-use areas of a building or any change to a dwelling
unit.
21. “Premises” means the interior or exterior spaces, parts,
components, or elements of a building, including individual dwelling units and the public and common-use areas
of a building.
22. “Public-use Areas” means interior or exterior rooms or
spaces of a building that are made available to the general
public. Public use may be provided at a building that is
privately or publicly owned.
23. “Receipt of notice” occurs when service of notice is completed.
24. “Service of notice” means service instituted by the Attorney General in accordance with A.R.S. § 41-1403 or Rule
4 of the Rules of Civil Procedure.
25. “Site” means a parcel of land bounded by a property line
or a designated portion of a public right of way.