assisted living homes; occupancy; zoning

Fewer local barriers for assisted living homes

Arizona cities and counties cannot cap an assisted living home's occupancy below 10 residents. They cannot block a home with 10 or fewer residents from residential-zoned property, or require a variance, permit, accommodation, or rezoning solely because of its resident count or assisted-living use. Local zoning, building, fire, safety, and health codes remain allowed, but cannot impose an occupancy limit stricter than the home's license. Existing distance rules remain. The law covers homes licensed on its effective date and homes licensed later. A person may ask a court to clarify the law or stop a violation. A winning plaintiff may receive attorney fees and costs.