PHOENIX, AZ – Arizona State Sen. Vince Leach (R-11) and Rep. Bret Roberts (R-11) have filed a SB 1487 complaint with the Arizona Attorney General’s Office. Their complaint asks Attorney General Mark Brnovich to immediately investigate a February 2nd vote by the Pima County Board of Supervisors to pass a resolution radically expanding the ongoing federal moratorium against evictions from rental residences.
Leach’s and Roberts’ complaint notes that the Supervisors’ motion – which was not even committed to writing at the time of passage – represents an overstep of the county’s authority under Arizona law and the state Constitution. The complaint further argues that the underlying eviction moratorium “effectuates a regulatory taking of private property without just compensation,” in violation of Article II of the Arizona Constitution.
“What we have here is a massive overreach by the Pima County Board of Supervisors, who decided with no stakeholder input to expand the already overbroad Centers For Disease Control eviction moratorium that has been in effect since last year,” said Leach. “Pima County’s Supervisors have infringed on the freedom of property owners and made it virtually impossible for landlords to prevent nuisance behaviors. In turn, that makes it impossible to protect the peace and safety of neighbors and other residents.”
Among the issues with the Order:
- Property managers will not be able to remove residents who play loud music at all hours of the night, who have perpetually barking dogs in their homes, or who continually host loud parties.
- Property managers will be unable to remove residents who put the health and safety of the entire communities at risk by creating bedbug or roach infestations in their units.
- Property owners will have no recourse if renters move in additional residents, which contradicts CDC recommendations for social and physical distancing. Nor will property owners be able to remove dangerous people who move into a rental home without authorization, and who represent a danger to other residents.
As established by SB 1487 in 2016, under a request by a member of the Legislature, the Attorney General must investigate official orders or actions taken by the governing body of a city, town or county that a legislator alleges violate state law or the Arizona Constitution. If the Attorney General finds a violation, he must order the Treasurer to withhold the offending locality’s allocation of state-shared revenues.