Arizona Revised Statutes

Ariz. Rev. Stat. § 41-1491 (2026)

Definitions

✓ current as of May 2026

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41-1491. Definitions

In this article, unless the context otherwise requires:

1. "Aggrieved person" includes any person who either:

(a) Claims to have been injured by a discriminatory housing practice.

(b) Believes that the person will be injured by a discriminatory housing practice that is about to occur.

2. "Assistance animal" means a trained or untrained animal that works, provides assistance, performs tasks or provides therapeutic or emotional support for the benefit of a person with a disability.

3. "Complainant" means a person, including the attorney general, who files a complaint under section 41-1491.22.

4. "Conciliation" means the attempted resolution of issues raised by a complaint or by the investigation of the complaint through informal negotiations involving the aggrieved person, the respondent and the attorney general.

5. "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation.

6. "Disability" means a mental or physical impairment that substantially limits at least one major life activity, a record of such an impairment or being regarded as having such an impairment. Disability does not include current illegal use of or addiction to any drug or illegal or federally controlled substance. Disability shall be defined and construed as the term is defined and construed by the Americans with disabilities act of 1990 (P.L. 101-336) and the ADA amendments act of 2008 (P.L. 110-325; 122 Stat. 3553).

7. "Discriminatory housing practice" means an act prohibited by sections 41-1491.14 through 41-1491.21.

8. "Dwelling" means either:

(a) Any building, structure or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one or more families.

(b) Any vacant land that is offered for sale or lease for the construction or location of a building, structure or part of a building or structure described by subdivision (a) of this paragraph.

9. "Family" includes a single individual.

10. "Person" means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, receivers, fiduciaries, banks, credit unions and financial institutions.

11. "Respondent" means either:

(a) The person accused of a violation of this article in a complaint of a discriminatory housing practice.

(b) Any person identified as an additional or substitute respondent under section 41-1491.25 or an agent of an additional or substitute respondent.

12. "Service animal":

(a) Means any dog or miniature horse that is individually trained or in training to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability.

(b) Does not include other species of animals, whether wild or domestic, trained or untrained.

13. "To rent" includes to lease, to sublease, to let or to otherwise grant for a consideration the right to occupy premises not owned by the occupant.

Notes of Decisions

Cited in 9 cases (3 in the last 5 years), 2005–2023 · leading case: City of Tempe v. State, 351 P.3d 367 (Ariz. Ct. App. 2015).

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City of Tempe v. State, 351 P.3d 367 (Ariz. Ct. App. 2015). · cites it 17× “) §§ 41-1491 2 to -1491.37, the AAG can investigate a complaint against Tempe alleging housing discrimination.”

Wilson v. Playa De Serrano, 123 P.3d 1148 (Ariz. Ct. App. 2005). · cites it 2× “See A.R.S. §§ 41-1491 through 41-1491.35. 2 .”

Cooke v. Town of Colorado City, 934 F. Supp. 2d 1097 (D. Ariz. 2013). “Pursuant to Arizona Revised Statutes section 41-1491,14(A), A. A person may not refuse to sell or rent after a bona fide offer has been made or refuse to negotiate for the sale or rental of or otherwise make unavailable or deny a dwelling to any person *1112 because of race,…”

tempe/chavez v. state/brnovich (Ariz. Ct. App. 2015). · cites it 14× “5 ¶6 The parties filed cross-motions for summary judgment, disputing three issues: (1) whether Tempe and Chavez are “persons” within the meaning of A.R.S. § 41-1491(9); (2) whether Tempe engages in conduct that could constitute a discriminatory housing practice under the AFHA;…”

Sussex v. Tempe (Ariz. Ct. App. 2017). · cites it 2× “2015) (holding that the City is a “person” within the meaning of A.R.S. § 41-1491(9)). 2 SUSSEX et al. v. TEMPE Decision of the Court ¶5 The City filed a motion to dismiss pursuant to Arizona Rule of Civil Procedure 12(b)(6).”

Sw. Fair Hous. Council v. WG Chandler Villas SH LLC (D. Ariz. 2023). · cites it 2× “§ 18116 ; and the Arizona Fair Housing Act (“AZFHA”), A.R.S. § 41-1491, et 1 seq. (Doc. 2.) The Court severed the action on March 27, 2019, and Plaintiff’s claims 2 against Defendant proceeded in the above-entitled case.”

Wilson v. Playa De Serrano (Ariz. Ct. App. 2006). · cites it 2× “See A.R.S. §§ 41-1491 through 41-1491.35. 2 of fifty-five.”

McCoy v. Hassen (Ariz. Ct. App. 2022). “”) §§ 41-1491 to -1491.37. 2 MCCOY, et al. v.”

McCoy v. Johnson (Ariz. Ct. App. 2022). “”) §§ 41-1491 to -1491.37, but later conceded the court could dismiss that claim, which is not at issue here.”

— Ariz. Rev. Stat. § 41-1491(9) — 3 cases

City of Tempe v. State, 351 P.3d 367 (Ariz. Ct. App. 2015). “) §§ 41-1491 2 to -1491.37, the AAG can investigate a complaint against Tempe alleging housing discrimination.”

tempe/chavez v. state/brnovich (Ariz. Ct. App. 2015). “5 ¶6 The parties filed cross-motions for summary judgment, disputing three issues: (1) whether Tempe and Chavez are “persons” within the meaning of A.R.S. § 41-1491(9); (2) whether Tempe engages in conduct that could constitute a discriminatory housing practice under the AFHA;…”

Sussex v. Tempe (Ariz. Ct. App. 2017). “2015) (holding that the City is a “person” within the meaning of A.R.S. § 41-1491(9)). 2 SUSSEX et al. v. TEMPE Decision of the Court ¶5 The City filed a motion to dismiss pursuant to Arizona Rule of Civil Procedure 12(b)(6).”

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