Title 41 — State Government

In this article, unless the context otherwise requires: 1. "Department" means the Arizona department of housing. 2. "Director" means the director of the Arizona department of housing. 3. "Low and moderate income" means household income that is insufficient to secure decent, safe …

A. The Arizona department of housing is established. B. The governor shall appoint the director pursuant to section 38-211. The director serves at the pleasure of the governor. C. The director shall administer the department. D. The director and such other employees as the direct…

A. The department is responsible for establishing policies, procedures and programs that the department is authorized to conduct to address the affordable housing issues confronting this state, including housing issues of low-income families, moderate-income families, housing aff…

A. The housing trust fund is established, and the director shall administer the fund. The fund consists of monies from unclaimed property deposited in the fund pursuant to section 44-313, monies transferred pursuant to section 35-751 and investment earnings. B. On notice from the…

A. The seriously mentally ill housing trust fund is established. The director of the Arizona health care cost containment system administration shall administer the fund. The fund consists of monies received pursuant to section 44-313 and investment earnings. B. On notice from th…

A. The military transitional housing fund is established consisting of legislative appropriations and monies allocated from any federal sources, including monies provided by affordable housing legislation and unused or undesignated donations and undesignated federal monies for wh…

1. Establish and implement a comprehensive performance measurement system that requires all of the following: (a) Annual goals with measurable benchmarks for each housing program in this state. (b) Mechanisms for data collection and review to assess the effectiveness of the housi…

A. The Arizona department of housing program fund is established, and the department shall administer the fund. The fund consists of monies deposited pursuant to sections 35-726, 35-728 and 41-3953, other monies directed to be deposited in the fund and investment earnings on moni…

In this chapter, unless the context otherwise requires: 1. "Accessory structure" means the installation, assembly, connection or construction of any one-story habitable room, storage room, patio, porch, garage, carport, awning, skirting, retaining wall, evaporative cooler, refrig…

[Repealed or reserved.]

A. The department shall: 1. Establish a state inspection and design approval bureau within the department. 2. Enter into reciprocity agreements and compacts with other states or private organizations that adopt and maintain standards of construction reasonably consistent with tho…

A. Before the construction of any new model of factory-built building, each manufacturer who intends to manufacture for delivery or sell such unit in this state shall submit to the director for approval detailed plans of each model and shall have obtained such approval. B. Before…

A. No building code or local enforcement agency or its adopted building codes may require, as a condition of entry into or sale in any county or municipality, that any unit that has been certified pursuant to this chapter be subjected to any local enforcement inspection to determ…

A. Every manufacturer of units shall furnish notification of any defect in any unit produced by such manufacturer which he determines, in good faith, relates to a construction or safety standard adopted pursuant to this chapter or contains a defect which constitutes an imminent s…

A. The costs of bringing a mobile home into compliance with the requirements of this article may be reimbursed to the owner from the mobile home relocation fund established by section 33-1476.02 if all of the following are true: 1. The mobile home is moved from one mobile home pa…

A. The board of manufactured housing is established. The board consists of the following nine members who are appointed by the governor pursuant to section 38-211: 1. One member who represents the manufacturers of manufactured homes. 2. One member who represents the installer ind…

A. The board shall: 1. Adopt rules imposing minimum construction requirements for factory-built buildings and components thereof that are reasonably consistent with nationally recognized and accepted publications or generally accepted manufacturing practices pertinent to the cons…

The director shall appoint the deputy director who shall, under the authority and direction of the director: 1. Establish licensing and regulation procedures in accordance with this article and issue certification documents for compliance with the licensing and bonding requiremen…

A. A manufacturer, dealer, broker, salesperson or installer license shall be issued by the director. B. The director shall: 1. Qualify applicants for a license. 2. Conduct investigations as the director deems necessary. 3. Establish and administer written examinations for the app…

A. On receipt by the director of the nonrefundable fee required by this article and an application furnishing complete information as required by the director and on the applicant taking and passing the applicable examination required by section 41-4025, the director shall issue …

A. Licenses issued under this article shall expire one year after the date of issuance. An application for renewal of any current license with evidence of a valid bond or cash deposit when accompanied by the required fee and received by the director before the expiration date sha…

A. Any person who is engaged in installing manufactured homes, mobile homes or accessory structures and who is licensed in an appropriate category by the registrar of contractors pursuant to title 32, chapter 10, article 2 is exempt only from the licensing requirements of this ar…

A. Before granting an original license, the director shall require of the applicant, except an applicant for salesperson or broker of manufactured homes or mobile homes, a surety bond in a form acceptable to the director or a cash deposit pursuant to this section. A separate bond…

1. A new manufactured home. 2. A new factory-built building designed for use as a residential dwelling. 3. A manufactured home, mobile home or factory-built building designed for use as a residential dwelling that is previously owned and that has a purchase price of $50,000 or mo…

1. The home will be sited in a mobile home park that is owned by the park owner. 2. At the time of the sale, the park owner has on file at the department the name and address of all mobile home parks owned by the park owner, the name, address and license number of the licensed de…

B. Failure of the licensee to answer shall be deemed an admission by the licensee of the cited complaint or failure to respond as charged in the citation, and the department may suspend or revoke such license without a hearing.

A. Notwithstanding sections 41-4004 and 41-4031, a purchaser of a new manufactured home shall file a complaint concerning cosmetic, superficial or minor matters relating to the manufactured home no more than one hundred twenty days after the date of installation or the designated…

A. At the time of execution of the purchase contract a purchaser of a new manufactured home may designate the beginning date for the one hundred twenty day cosmetic complaint period. B. The purchaser may not take possession of the home or move into the home before the designated …

A. Drywall cracks that are a result of structural problems are not cosmetic, superficial or minor matters as defined in section 41-4032. Drywall cracks may be addressed in conjunction with the correction of the structural problem. B. Drywall cracks that are not the result of stru…

A. The purchaser and the dealer or manufacturer of the manufactured home shall schedule the walk-through pursuant to section 41-4032 by mutual agreement to the greatest extent possible. If the parties do not agree, the dealer or manufacturer may schedule the walk-through between …

A. Within ninety days after the end of the cosmetic complaint period the dealer or manufacturer shall repair or replace cosmetic, superficial or minor matters discovered on the walk-through unless an item necessary for the repair or replacement is unavailable and written notice o…

In a hearing conducted pursuant to this article, a corporation may be represented by a corporate officer or employee who is not a member of the state bar if: 1. The corporation has specifically authorized the officer or employee to represent it. 2. The representation is not the o…

A. Any party may apply for a rehearing by filing with the director a motion pursuant to chapter 6, article 10 of this title. B. The filing of a motion for rehearing shall suspend the operation of the administrative law judge's action, except for an action which upholds a cease an…

The director may, on the director's own motion, and shall, on the complaint in writing of any person, cause to be investigated by the department the acts of any manufacturer, dealer, broker, salesperson or installer licensed with the department and may temporarily suspend or perm…

A. Every dealer who acquires or sells a previously titled manufactured home or mobile home, as defined in section 42-19151, shall submit a written report of all such acquisitions and sales to the department of revenue and to the county assessor of the county where such dealer is …

A. The consumer recovery fund is established. The director shall administer the fund. B. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. C. …

A. A dealer of manufactured homes, mobile homes or factory-built buildings designed for use as residential dwellings shall pay, in addition to the license or renewal fee, a fee established by the director of not to exceed $50 for each unit that is sold and that is subject to sect…

A. If any consumer who is buying or selling the consumer's home uses the services of a licensed dealer of manufactured homes, mobile homes or factory-built buildings designed for use as residential buildings and is damaged as a result of an act or omission by a licensed dealer of…

A person or the person's agent who knowingly files with the director any notice, statement or other document required under section 41-4042 or 41-4043 that is false or untrue or contains any material misstatement of fact is guilty of a class 2 misdemeanor.

The failure of an aggrieved person to comply with section 41-4042 or 41-4043 constitutes a waiver of any rights under such sections.

A. The director, personnel of the department and personnel under contract to the department, on presentation of credentials, shall be allowed to enter and inspect premises where units regulated by this chapter are manufactured, sold or installed as the director may deem appropria…

It is unlawful for any person to: 1. Manufacture manufactured homes or factory-built buildings in this state or for delivery or sale in this state unless such person is licensed as a manufacturer by the department. 2. Engage in the business of installing manufactured homes, mobil…

A. A person required to be licensed pursuant to this article may not sell or offer to sell in this state any manufactured home or factory-built building unless the proper state certificate or HUD label is affixed to such unit. B. A person required to be licensed pursuant to this …

Pursuant to chapter 6, article 10 of this title, an administrative law judge shall adjudicate complaints regarding and ensure compliance with the Arizona mobile home parks residential landlord and tenant act.

A. A person that is subject to title 33, chapter 11 or a party to a rental agreement entered into pursuant to title 33, chapter 11 may petition the department for a hearing concerning violations of the Arizona mobile home parks residential landlord and tenant act by filing a peti…

A. The administrative law judge may order any party to abide by the statute or contract provision at issue and may levy a civil penalty on the basis of each violation. For the purposes of actions brought under the Arizona mobile home parks residential landlord and tenant act, the…

A. The administrative law judge may hear and adjudicate all matters relating to the Arizona mobile home parks residential landlord and tenant act and rules adopted pursuant to this article, except that the administrative law judge shall not hear matters pertaining to rental incre…

A. A person aggrieved by a decision of the administrative law judge may apply for a rehearing by filing with the director a petition in writing pursuant to section 41-1092.09. Within ten days after filing such petition, the director shall serve notice of the request on the other …