Arizona Administrative Code
Title 10 - LAW
Chapter 2 - ATTORNEY GENERAL - FAIR HOUSING
Article 1 - FAIR HOUSING
Section R10-2-101 - Definitions
Universal Citation: AZ Admin Code R 10-2-101
Current through Register Vol. 30, No. 12, March 22, 2024
A. Words and phrases defined in A.R.S. §§ 41-1491.04, 41-1491.19, and 41-1491.20, when used in this Article, have the defined meaning.
B. Other definitions:
1. "Accessible", when used with respect to
the public and common-use areas of a building containing covered multifamily
dwellings, means that the public or common-use areas of the building can be
approached, entered, and used by individuals with physical handicaps. The
phrase "readily accessible to and usable by" is synonymous with
accessible.
2. "Accessible route"
means a continuous unobstructed path connecting accessible elements and spaces
in a building or within a site that can be negotiated by a person with a severe
disability using a wheelchair and that is also safe for and usable by people
with other disabilities. Interior accessible routes include corridors, floors,
ramps, elevators, and lifts. Exterior accessible routes include parking access
aisles, curb ramps, walks, ramps, and lifts. A route that complies with 24 CFR
40(1993), and no further amendments or additions, incorporated herein by
reference and on file with the Office of the Secretary of State and at the
Offices of the Attorney General, Civil Rights Division, or a comparable
standard is an "accessible route".
3. "Act" means the Fair Housing Act or A.R.S.
Title 41, Chapter 9, Article 7.
4.
"Appraisal" means an estimate or opinion of the value of a specified
residential real property made in a business context in connection with the
sale, rental, financing, or refinancing of a dwelling or in connection with any
activity that otherwise affects the availability of a residential real
estate-related transaction, whether the appraisal is oral or written, or
transmitted formally or informally. The appraisal includes all written comments
and other documents submitted as support for the estimate or opinion of
value.
5. "Attorney General" means
the Attorney General of the state of Arizona, the Civil Rights Section or
Division of the Arizona Attorney General's Office, or any person or persons the
Attorney General may delegate to act on his or her behalf.
6. "Broker" or "Agent" means any person
authorized to act on behalf of another person regarding any matter related to
the administration, sale, rental, or lease of dwellings. Acts may include
offers, solicitations, contracts, or any residential real estate-related
transactions.
7. "Building" means a
structure, facility, or portion of a structure or facility that contains or
serves one or more dwelling units.
8. "Building entrance on an accessible route"
means an accessible entrance to a building that is connected by an accessible
route to public transportation stops, to parking and passenger loading zones,
or to public streets or sidewalks, if available.
9. "Civil Rights Section" means the Civil
Rights Section or Division of the Arizona Attorney General's Office.
10. "Common-use areas" means rooms, spaces,
or elements inside or outside a building that are made available for the use of
residents of a building or their guests. These areas include hallways, lounges,
lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas, parking
lots, and passageways among and between buildings.
11. "Drug" means a controlled substance, as
defined in schedules I through V of Section 202 of the Controlled Substances
Act (
21 U.S.C.
812(1994) ), and no further
amendments or additions, incorporated herein by reference and on file with the
Office of the Secretary of State and the Arizona Attorney General, Civil Rights
Division.
12. "Dwelling unit" means
a single unit of residence for a household of one or more persons.
13. "Entrance" means any access point to a
building or portion of a building used by residents for the purpose of
entering.
14. "Exterior" means all
areas of the premises outside of an individual dwelling unit.
15. "First occupancy" means occupancy of a
building that has never before been used for any purpose.
16. "Ground floor" means a floor of a
building with a building entrance on an accessible route. A building may have
more than one ground floor.
17.
"Handicap" means:
a. With respect to an
individual:
i. A physical or mental impairment
that substantially limits one or more of the major life activities of the
individual;
ii. A record of the
impairment; or
iii. Being regarded
as having such an impairment.
b. Nothing in this Article or the Act
excludes from the definition of a "handicap" an individual who:
i. Has successfully completed a supervised
drug rehabilitation program and is no longer engaging in the illegal use of
drugs, or has otherwise been rehabilitated successfully and is no longer
engaging in the illegal use of drugs;
ii. Is participating in a supervised
rehabilitation program and is no longer engaging in the illegal use of drugs;
or
iii. Is erroneously regarded as
engaging in the illegal use of drugs but is not doing so.
c. As used in this definition:
i. "Physical or mental impairment" includes:
(1) Any physiological disorder or condition,
cosmetic disfigurement, or anatomical loss affecting one or more of the
following body systems: neurological, musculoskeletal; special sense organs;
respiratory, including speech organs; cardiovascular; reproductive; digestive;
genito-urinary; hemic and lymphatic; skin; and endocrine; or
(2) Any mental or psychological disorder,
such as mental retardation, organic brain syndrome, emotional or mental
illness, and specific learning disabilities. The term "physical and mental
impairment" includes such diseases and conditions as orthopedic, visual,
speech, and hearing impairments, cerebral palsy, autism, epilepsy, muscular
dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human
Immunodeficiency Virus infection, mental retardation, emotional illness, drug
addiction (other than addiction caused by current, illegal use of a controlled
substance) and alcoholism.
ii. "Major life activities" means functions
such as caring for one's self, performing manual tasks, walking, seeing,
hearing, speaking, breathing, learning, and working.
iii. "Has a record of such an impairment"
means has a history of, or has been misclassified as having, a mental or
physical impairment that substantially limits one or more major life
activities.
iv. "Is regarded as
having an impairment" means:
(1) Has a
physical or mental impairment that does not substantially limit one or more
major life activities but that is treated by another person as constituting
such limitation;
(2) Has a physical
or mental impairment that substantially limits one or more major life
activities only as a result of the attitudes of others toward such an
impairment; or
(3) Has none of the
impairments defined in subsection (c)(i) of this definition but is treated by
another person as having such an
impairment.
18. "Illegal use of drugs" means the use of
drugs, the possession or distribution of which is unlawful under the Controlled
Substances Act (
21 U.S.C.
812 ) (1994) and no further additions or
amendments, incorporated herein by reference and on file with the Office of the
Secretary of State and the Arizona Attorney General, Civil Rights Division.
Such term does not include the use of a drug taken under supervision by a
licensed health care professional, or other uses authorized by the Controlled
Substances Act (
21
U.S.C. 801 et seq.) (1994) and no further
additions or amendments, incorporated herein by reference and on file with the
Office of the Secretary of State and the Arizona Attorney General, Civil Rights
Division.
19. "Interior" means the
spaces, parts, components, or elements of an individual dwelling
unit.
20. "Modifications" means any
change to the public or common-use areas of a building or any change to a
dwelling unit.
21. "Premises" means
the interior or exterior spaces, parts, components, or elements of a building,
including individual dwelling units and the public and common-use areas of a
building.
22. "Public-use Areas"
means interior or exterior rooms or spaces of a building that are made
available to the general public. Public use may be provided at a building that
is privately or publicly owned.
23.
"Receipt of notice" occurs when service of notice is completed.
24. "Service of notice" means service
instituted by the Attorney General in accordance with A.R.S. §
41-1403
or Rule 4 of the Rules of Civil Procedure.
25. "Site" means a parcel of land bounded by
a property line or a designated portion of a public right of
way.
Disclaimer: These regulations may not be the most recent version. Arizona may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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