Ariz. Rev. Stat. § 41-1491.04
Housing for older persons exempted; rules; liability; definition
Operative Text
A. The provisions of this article relating to familial status do not apply to housing for older persons. B. The attorney general may adopt rules setting forth criteria for housing for older persons. The rules adopted for subsection D, paragraph 3 shall require the following factors: 1. That at least eighty per cent of the units are occupied by at least one person fifty-five years of age or older per unit. Rules adopted for verification of occupancy shall provide for the use of reliable surveys and affidavits. These surveys and affidavits are admissible in administrative and judicial proceedings. Rules adopted establishing compliance with this paragraph shall be consistent with federal fair housing regulations. 2. The publication of, and adherence to, policies and procedures that demonstrate an intent by the owner or manager to provide housing for persons fifty-five years of age or older. Rules adopted establishing compliance with this paragraph shall be consistent with federal fair housing regulations. C. A person shall not be held personally liable for monetary damages under section 41-1491.31 if the person relied in good faith that the housing was exempt from this article because it was housing for older persons as defined under subsection D, paragraph 3 of this section. For the purposes of this subsection a person may only demonstrate good faith reliance on the exemption from the provisions of this article if both: 1. The person has no actual knowledge that the facility or community does not, or will not qualify as housing for older persons as defined under subsection D, paragraph 3 of this section. 2. The facility or community has formally stated in writing that the facility or community is housing for older persons as defined under subsection D, paragraph 3 of this section. D. In this section, "housing for older persons" means housing that meets any of the following conditions: 1. Is specifically designed and operated to assist elderly persons under a federal or state program. 2. Is intended for, and solely occupied by, persons sixty-two years of age or older. 3. Is intended and operated for occupancy by at least one person fifty-five years of age or older per unit.
Under A.R.S. § 41-1491 et seq. § 41-1491.04, Arizona's fair housing rules that protect families with children do not apply to communities that qualify as "housing for older persons." A community can qualify under one of three definitions: it is federally or state-assisted housing designed for elderly persons, it is solely occupied by persons 62 or older, or it is intended and operated so that at least one person 55 or older occupies at least 80% of its units. The Arizona Attorney General is authorized to adopt rules—consistent with federal fair housing regulations—governing how communities verify and demonstrate compliance with these criteria.
Plain English — not legal advice.
Operators of age-restricted communities in Arizona should be familiar with A.R.S. § 41-1491 et seq. § 41-1491.04, which sets out the conditions under which a property may be exempt from familial-status fair housing requirements. Compliant operators of 55-and-older communities generally maintain reliable surveys and affidavits confirming occupancy levels, publish written policies demonstrating their intent to serve older persons, and ensure at least 80% of units are occupied by at least one person aged 55 or older. Operators who wish to rely on a good-faith defense against monetary damages should ensure the community has issued a formal written statement of its exempt status and that they have no actual knowledge that the community fails to qualify.
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 et seq. § 41-1491.04 establishes that families with children may lawfully be excluded from housing communities that genuinely qualify as housing for older persons under one of the statute's three definitions. Tenants or applicants who believe a community is improperly claiming this exemption—for example, if occupancy data does not support the 55-and-older threshold—may have grounds to raise that issue in an administrative or judicial proceeding, where surveys and affidavits are expressly admissible as evidence. Tenant-rights organizations and the Arizona Attorney General's office can be resources for understanding whether a particular community's claimed exemption appears consistent with the rules adopted under this provision.
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.
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