Ariz. Rev. Stat. § 41-1491.02
Exempt sales and rentals
Operative Text
A. Except as provided in subsection B of this section, sections 41-1491.14 through 41-1491.21 do not apply to: 1. The sale or rental of a single family house sold or rented by an owner if: (a) The owner does not: (i) Own more than three single family houses at any one time. (ii) Own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to any part of the proceeds from the sale or rental of more than three single family houses at any one time. (b) The house was sold or rented without either: (i) The use of the sales or rental facilities or services of a real estate broker, agent or salesman licensed under title 32, chapter 20 or the use of an employee or agent of a licensed broker, agent or salesman or the facilities or services of the owner of a dwelling designed or intended for occupancy by five or more families. (ii) The publication, posting or mailing of a notice, statement or advertisement prohibited by section 41-1491.15. 2. The sale or rental of rooms or units in a dwelling containing living quarters occupied or intended to be occupied by no more than four families living independently of each other if the owner maintains and occupies one of the living quarters as the owner's residence. B. The exemption in subsection A, paragraph 1 of this section applies to only one sale or rental in a twenty-four month period if the owner was not the most recent resident of the house at the time of the sale or rental.
A.R.S. § 41-1491.02 carves out two categories of housing transactions from Arizona's fair-housing requirements found in §§ 41-1491.14 through 41-1491.21. The first exemption covers small-scale private owners selling or renting a single-family home without using a licensed real estate broker or publishing discriminatory advertising, provided the owner holds no more than three single-family houses at once. The second exemption covers owner-occupied buildings with four or fewer units, where the owner lives in one of the units. A limiting rule in subsection B narrows the first exemption to one transaction every 24 months when the owner was not the most recent occupant of the home being sold or rented.
Plain English — not legal advice.
Property owners who believe they qualify under A.R.S. § 41-1491.02 generally ensure they meet every element of the applicable exemption before relying on it — for example, confirming they hold no more than three single-family houses simultaneously and that no licensed broker or prohibited advertisement is involved in the transaction. Owners of small multi-family buildings who live on-site and have four or fewer units may also qualify under the owner-occupied exemption in subsection A, paragraph 2. Operators should be aware that the subsection B limitation restricts the single-family exemption to one qualifying transaction per 24-month period when the owner did not personally occupy the property most recently, which can affect how the exemption applies across multiple properties.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
A.R.S. § 41-1491.02 defines the boundaries of when Arizona's fair-housing protections under §§ 41-1491.14 through 41-1491.21 do and do not apply to a rental or sale. Tenants who believe a landlord is improperly claiming this exemption — for instance, by owning more than three single-family homes or using a licensed broker while asserting the private-owner exception — may have grounds to challenge that claim and assert their fair-housing rights. Tenant-rights organizations and the Arizona Attorney General's Civil Rights Division are among the resources available to people who want to understand whether an exemption was validly invoked in their situation.
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.
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