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CITY GOVERNMENT

AG opens door for Phoenix housing anti-discrimination enforcement

Posted 3/9/23

Arizona’s attorney general has reversed her predecessor’s decision in a Tucson case that will open the door for Phoenix to begin enforcing an amendment to prohibit housing discrimination …

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CITY GOVERNMENT

AG opens door for Phoenix housing anti-discrimination enforcement

Posted

Arizona’s attorney general has reversed her predecessor’s decision in a Tucson case that will open the door for Phoenix to begin enforcing an amendment to prohibit housing discrimination based on a renter’s or buyer’s source of income.

The Phoenix City Council earlier this month took a step to prohibit housing discrimination based on income sources.

An amendment approved by the city council would prohibit discrimination against those who use housing vouchers, Social Security disability, benefits from the Department of Veterans Affairs, foster family credits and other sources of income, according to a release.

However, the enforcement of the change remained on hold pending a decision by the Arizona Attorney General’s Office on a Tucson ordinance.

Phoenix had asked Attorney General Kris Mayes to reconsider the conclusion reached by her predecessor, Mark Brnovich, against Tucson, which last year amended its housing code to prohibit source-of-income discrimination.

Mayes this week reversed Brnovich’s decision, saying the Tucson law does not violate state law or the Arizona Constitution, according to a release from the city of Tucson.

In a statement Thursday afternoon, Phoenix Mayor Kate Galleo said “discrimination has no place in Phoenix, especially as we continue taking on the challenge of creating affordable housing options for our residents.

"The source-of-income ordinance we passed will help us move closer to our goal of housing more residents with an eye towards equity. I want to thank Attorney General Mayes for her thoughtful and quick work to correct the course on this issue, and I look forward to the positive impact it will have on thousands of Phoenicians.” 

In its earlier letter to Mayes, the Phoenix City Council said: “Allowing the denial of tenants based on their source of income goes against the fundamental civil right to fair housing.

“The City of Tucson is well within their rights to pass a statute prohibiting this practice.”

The Phoenix council’s decision is an amendment to Chapter 18 of the city code.

“Chapter 18 outlines the city’s commitment to undertake vigorous steps to provide equal opportunity and protect people from discrimination based on a variety of factors, now including source of income,” a city release stated.

A person who discriminates against a buyer or renter based on the buyer or renter's source of income may be subject to civil penalties of up to $2,500 and daily penalties up to $2,500, according to the amendment.

We’d like to invite our readers to submit their civil comments, pro or con, on this issue. Email AZOpinions@iniusa.org.