2 AZ Lawmakers Say Pima County Eviction Ban Is Illegal

TUCSON, AZ — Two Republican lawmakers have asked Arizona attorney general to block an eviction moratorium approved by Pima County supervisors earlier this month.

Sen. Vince Leach and Rep. Bret Roberts, who both represent Maricopa, allege that the ban violates state law and the state constitution because it blocks evictions that aren’t covered under a federal eviction moratorium.

Leach and Roberts requested that Arizona Attorney General Mark Brnovich investigate the ban under a 2016 law that allows a lawmaker to trigger an investigation if they believe a city or town is violating a state law.

“A prerogative to dictate the permissible parameters of eviction proceedings or nullify the terms of private lease agreements is nowhere found in the functions assigned to county governments,” the two lawmakers said in the official complaint. “In essence, the moratorium converts private property into public housing, with lessors shouldering the substantial costs of sheltering defaulted tenants,."

A spokesperson for Brnovich did not immediately respond to Patch's request for comment.

Supervisor Matt Heinz said at the Feb. 2 meeting that some landlords are getting around a federal eviction moratorium by finding loopholes to evict tenants who should be covered.

County spokesman Mark Evans told the Associated Press that the county has not seen the complaint and could not immediately comment.

The county ban is an emergency public health regulation and would be broader than the CDC moratorium, which only applies to evictions due to non-payment of rent. Both the federal and county bans expire on March 31.

If the attorney general finds that the policy conflicts with state law, the municipality has 30 days to eliminate it or face loss of state tax revenue. If he decides it may be breaking the law, the attorney general can ask the state Supreme Court to decide the matter.

Attorney General Mark Brnovich’s office has 30 days to investigate the complaint.

The Associated Press contributed to this reporting.