Operative Text
A. Notwithstanding any other statute, a public agency which owns, operates, manages or contracts for rental housing accommodations shall not prohibit elderly tenants or tenants with disabilities from keeping pets in their dwelling units. B. This section does not prevent a public agency which owns, operates, manages or contracts for rental housing accommodations from requiring the removal of any pet which by its conduct or condition constitutes a threat or nuisance to other occupants of the housing project. A person shall not keep a pet in violation of health statutes or under circumstances constituting cruelty to animals pursuant to section 13-2910. C. A public agency which owns, operates, manages or contracts for rental housing accommodations shall not impose any requirement which makes the keeping of a pet by an elderly tenant or tenant with a disability financially prohibitive and shall not in any case require a deposit of more than one month's rent for the keeping of a pet. This section does not relieve an elderly tenant or tenant with a disability from any liability otherwise imposed by law for damages caused by the tenant's pet. D. A public agency which owns, operates, manages or contracts for rental housing accommodations is not liable for personal or property damage caused by a pet kept in the housing project by an elderly tenant or tenant with a disability unless it is proved that its agents or employees had prior actual knowledge of a dangerous propensity of the pet or a dangerous condition created by the pet and did not take timely and reasonable measures to mitigate or protect against the perceived threat. E. A public agency which owns, operates, manages or contracts for rental housing accommodations may adopt reasonable regulations relating to pets including number of pets and neutering when appropriate and may impose conditions for the tenancy of elderly tenants or tenants with disabilities with pets different from those applicable to such tenants without pets, if these conditions are reasonably related to the presence of the pets. F. An elderly tenant or tenant with a disability or an elderly applicant or applicant with a disability for tenancy may appeal from the adoption or application of any regulation or condition adopted pursuant to this section in accordance with grievance procedures of the particular housing authority which owns, operates, manages or contracts for the rental housing accommodations established to resolve tenant disputes. A copy of the grievance procedures shall be provided to an elderly tenant or tenant with a disability or an elderly applicant or applicant with a disability for tenancy who keeps or wishes to keep a pet. G. For the purposes of this section: 1. "Elderly" means a person who is at least sixty years of age or as otherwise defined by a specific program. 2. "Person with a disability" means a person who has a physical impairment which substantially limits one or more of the person's major life activities or has a record of such an impairment or has been regarded as having such an impairment, as verified by a signed statement of a physician licensed pursuant to title 32, chapter 13 or 17. 3. "Pet" means a domesticated dog, cat, bird, fish, mouse, gerbil, hamster, turtle, guinea pig or chinchilla. 4. "Tenant" means a person who rents or resides in a dwelling unit in rental housing accommodations owned, operated, managed or contracted for by a public agency.
Under A.R.S. § 36-1408 et seq. § 36-1409.01, public agencies that own, operate, manage, or contract for rental housing in Arizona may not ban elderly tenants (age 60 or older) or tenants with qualifying disabilities from keeping certain domesticated pets in their units. While agencies can set reasonable pet regulations—such as limits on the number of pets or neutering requirements—they cannot impose conditions that make pet ownership financially prohibitive, and any pet deposit is capped at one month's rent. Agencies retain the authority to require removal of a pet that poses a genuine threat or nuisance, and tenants remain responsible for damages their pets cause.
Plain English — not legal advice.
Public agencies covered by A.R.S. § 36-1408 et seq. § 36-1409.01 generally maintain written pet policies that apply specifically to elderly and disabled tenants, ensuring those policies do not effectively price out pet ownership and that any deposit collected does not exceed one month's rent. Compliant operators adopt reasonable regulations—such as species limits drawn from the statute's defined list and neutering requirements where appropriate—and document those rules clearly in their grievance procedures. Agencies also ensure that copies of grievance procedures are provided to any eligible tenant or applicant who keeps or wishes to keep a pet, and they track any reported dangerous pet behavior so that timely mitigation steps can be taken if needed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
A.R.S. § 36-1408 et seq. § 36-1409.01 gives elderly tenants (60 or older) and tenants with qualifying disabilities living in public-agency housing the right to keep certain domesticated pets, free from blanket prohibitions and financially prohibitive conditions. If a public agency imposes a regulation or condition you believe violates this provision—such as an excessive deposit or an unreasonable restriction—you have the right to appeal through that agency's established grievance procedures, and the agency is required to provide you a copy of those procedures upon request. Tenant-rights organizations and legal aid services familiar with Arizona housing law can help you understand the options available under this statute.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
Rules and statutes that cite this regulation