Ariz. Rev. Stat. § 36-1409
Rentals and tenant selection
Operative Text
A. In the operation or management of housing projects a public housing authority, city, town or county shall at all times observe the following duties with respect to rentals and tenant selection: 1. Unless the commissioners have determined that a mixed income project is in the community's best interests, the public housing authority, city, town or county may rent or lease the dwelling accommodations only to persons of low income and at rentals within the financial reach of such persons. 2. It may rent or lease to a tenant dwelling accommodations consisting of the number of rooms, but no greater number, which it deems necessary to provide safe and sanitary accommodations to the proposed occupants, without overcrowding. 3. It shall fix income limits for occupancy and rents after taking into consideration the family size, composition, age, disability and other factors which might affect the rent-paying ability of the person and the economic factors which affect the financial stability and solvency of the project. B. This section and section 36-1408 do not limit the power of a public housing authority, city, town or county to vest in an obligee the right, in the event of a default by the city, town or county, to take possession of and operate a housing project or to cause the appointment of a receiver, free from all the restrictions imposed by this section or section 36-1408.
Arizona Revised Statutes § 36-1409 governs how public housing authorities, cities, towns, and counties must handle rentals and tenant selection in housing projects. Unless a mixed-income project has been approved as being in the community's best interest, dwelling units may only be rented to low-income persons at rents they can afford. Operators must also size units appropriately to avoid overcrowding and must set income limits and rents by weighing factors such as family size, age, disability, and the project's financial stability. A separate subsection clarifies that these restrictions do not prevent a lender or obligee from taking over project operations in the event of a default.
Plain English — not legal advice.
Public housing authorities and government entities operating housing projects under A.R.S. § 36-1409 are generally expected to maintain documented processes for verifying tenant income eligibility, sizing units to household need without overcrowding, and setting rents based on a defined set of household and financial factors. Operators typically establish written income limits and rent schedules that reflect family composition, age, disability status, and the project's fiscal health. When a mixed-income project is contemplated, a formal determination by the commissioners that such an arrangement serves the community's best interests is generally part of the compliance record.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
A.R.S. § 36-1409 establishes that tenants in qualifying public housing projects have a right to be considered for units sized to their household's actual needs and to pay rents set within their financial reach, with income limits determined by factors including family size, age, and disability. If a tenant believes a housing authority or local government has not followed these selection or rent-setting requirements, options may include filing a complaint with the relevant housing authority's administrative office or contacting a local tenant-rights organization for guidance. Tenants may also wish to consult with a housing attorney or legal aid organization familiar with Arizona public housing law to understand how § 36-1409 applies to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation