HB2518 - 452R - House Bill Summary

House of Representatives

HB 2518

slum property; abatement

Sponsors: Representatives Cheuvront, Giffords, Pickens, Senator Cummiskey et al.

dp	Committee on Judiciary
W/D	Committee on Retirement & Government Operations
DP	Caucus and COW
DP	Third Read
X	As Passed the House

HB 2518 makes substantive and clarifying changes to Arizona law regarding residential slum property.

History

Arizona Revised Statutes (A.R.S.) §§ 12-991 and 12-992 authorize residential property that is regularly used in the commission of a crime to be declared a nuisance and provides a mechanism to enjoin such a nuisance. The nuisance designation can result in inspections, fines, liens and, ultimately, receivership or forfeiture of the property. Under A.R.S. § 33-1903(A) the State, a city, town or county may apply to the superior court for the appointment of a temporary receiver to manage a residential rental property if two conditions are met:

1. The property is not in compliance with A.R.S. § 33-1902, meaning that the owner of the property has not registered the property with the county assessor.

2. The property is designated as a slum property.

A recent Attorney General opinion addressed the question of whether a city, town or county may apply for the appointment of a temporary receiver to manage residential rental property if the owner of the property has complied with § 33-1902 but the property has been designated a slum property. The Attorney General found that a temporary receiver may be appointed only if both of these conditions are satisfied.

Provisions

· Defines the term owner for purposes of a residential property that is declared a nuisance.

· Specifies that the court may issue a temporary restraining order if the existence of a nuisance on residential property is shown and the court finds that the owner knew or had reason to know of the criminal activity and failed to take reasonable actions to abate the nuisance.

· Removes the requirement that, in order for a court to issue a restraining order, a property must be out of compliance with A.R.S. § 33-1902. Retains the requirement that the property be designated a slum property.

· Removes the requirement that the court determine that the appointment of a temporary receiver is necessary to remedy the condition for which the property is registered or to cause the owner to register the property.

· Removes the condition that A.R.S. § 33-1902 be complied with in order to terminate the temporary receivership. Retains the provision that the temporary receivership terminates after all violations have been cured.

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· 45th Legislature