Ariz. Rev. Stat. § 41-1491.06
Effect on other law
Operative Text
A. This article does not affect a reasonable local or state restriction on the maximum number of occupants permitted to occupy a dwelling or a restriction relating to health or safety standards. B. This article does not affect a requirement of nondiscrimination in any other state or federal law. C. Nothing in this article prohibits cities or towns with a population of three hundred fifty thousand or more persons according to the 1990 United States decennial census from enacting ordinances, not later than January 1, 1995, that are substantially equivalent to the provisions of federal law and this article.
A.R.S. § 41-1491.06 clarifies that Arizona's fair housing article does not override or weaken reasonable local or state rules that cap the number of occupants in a dwelling for health or safety reasons. It also preserves any other state or federal nondiscrimination requirements that may apply alongside this article. Additionally, larger Arizona cities—those with populations of 350,000 or more as measured by the 1990 census—were permitted to adopt their own ordinances by January 1, 1995, provided those ordinances were substantially equivalent to federal fair housing law and this article.
Plain English — not legal advice.
Under A.R.S. § 41-1491.06, property owners and managers should understand that occupancy limits grounded in legitimate health or safety standards—such as building codes or fire safety regulations—remain enforceable even under Arizona's fair housing article. Compliant operators typically document the objective basis for any occupancy restrictions they apply, ensuring those limits reflect recognized health or safety standards rather than characteristics protected under fair housing law. Operators should also be aware that other state and federal nondiscrimination obligations continue to apply independently of this article.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
A.R.S. § 41-1491.06 makes clear that tenants retain all protections provided by other state and federal nondiscrimination laws, which are not diminished by this article. If a tenant believes an occupancy restriction is being applied in a way that goes beyond legitimate health or safety justifications—or is being used to discriminate—they may have grounds to raise that concern as a potential fair housing violation. Tenants can explore options such as contacting a local tenant-rights organization, filing a complaint with a relevant housing agency, or consulting an attorney familiar with fair housing law.
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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