On Wednesday, House Speaker-elect Ben Toma filed a complaint with the Arizona Attorney General Office to investigate the City of Tucson’s action to forbid the consideration of source of income on rental housing applications. Toma filed what is known as a 1487 Complaint, asking whether Tucson’s policy violates Arizona’s Constitution and state law.
By law, a 1487 complaint prompts the AGO to investigate alleged violations of the Arizona Constitution or state law.
Toma says he filed the complaint with the Arizona Attorney General’s Office to begin an investigation as to whether Tucson’s amendment to its local Fair Housing code that establishes a new protected class for some (not all) renters within the city.
“The adopted ordinance violates state law and our Constitution,” said Toma. “To put it plainly, no matter the reason, Arizona’s ninety-one cities and towns are bound by the laws of this state. We hold this expectation for our citizens, and we will do the same for our local governments.”
“As to the merits of the ordinance, it is nothing but smoke and mirrors that cloud the real issue at hand: years of poor growth management, zoning and land use policies that have limited new housing development, and local decisions that have pushed away job and economic opportunities and kept wages considerably lower than other comparable metropolitan areas,” alleged Toma.
“These decisions, and these decisions alone, are the reasons why citizens in Tucson cannot find safe and affordable housing options,” argued Toma. “Blaming those who construct new housing or those who provide housing is misguided at best.”
Toma says that the fact that the “city is attempting to conscript private property and convert those units into public housing, even if such a burden adds significant costs to the private owner, and even if the city is unable to make timely payments to the owners who themselves have mortgages, taxes, and many other expenses,” is just as concerning.
As noted by Toma, when discussing this ordinance, one Tucson City Council member candidly acknowledged that the City’s Section 8 program has been plagued by a “history” of property owners being consigned to “long waiting times to get payment” and “stuck” with apartments that were “trashed” by irresponsible tenants.
Just this year, a Pima County constable was killed while attempting to serve an eviction notice.
Pima County Constable, Landlord, Neighbor Shot And Killed By Man Facing Eviction
Toma accused Tucson’s leadership of not respecting private property and private contracts, but said the Legislature does. He pointed to Tucson’s severe housing shortage.
“This year, under the leadership of Representative Steve Kaiser, an eleven-member Housing Supply Study Committee was formed to examine the root causes for our state’s (and Tucson’s) housing shortage. In the seven hearings held to date, it has become more apparent than ever that local red tape, antiquated zoning laws, and a lack of political will has created this shortage,” said Toma. “In a hearing held in Tucson in September, coincidently, the committee heard directly from members of the public, academics, and builders about these onerous barriers.”
Toma called on “Tucson’s leadership to look inward and find ways to remove the barriers that have stymied wages, increased taxes, and created an unprecedented housing shortage in the Tucson-metro area,” rather than burdening private citizens.”