Action Alert
F3 encourages you to submit written or verbal comments to City Council by 3:00 pm this Tuesday, June 23 in support of the adoption of a proposal (Agenda Item #7) to make it illegal for landlords to reject prospective tenants based on how they legally pay their rent.
Email written comments to: publiccomment@flagstaffaz.gov. Verbal comments may be made in person or online at the City Hall Council Chambers during discussion of Agenda Item #7. Comments are limited to a maximum length of 3 minutes.
F3’s Letter to Council: Prohibiting Discrimination in Housing Based on Source of Income
Friends of Flagstaff’s Future (F3) supports the citizen proposal to amend Flagstaff’s 2013 Civil Rights ordinance to include protections for sources of income. We urge adoption of this proposal to make it illegal for landlords to reject prospective tenants or alter lease terms based on how they legally pay their rent.
Phoenix, Tucson, and importantly, the city of Tempe have passed Source of Income (SOI) ordinances that prevent this type of discrimination in housing. More than 100 cities and 16 states have also passed such laws to date. These ordinances ensure that lawful, verifiable income, must be treated equally to traditional wage income.
The proposal in front of you today provides a legal means for Flagstaff to address discrimination in housing based on a person’s income. Adoption of an amendment to the city’s Civil Rights ordinance to include SOI would prohibit housing discrimination based on how individuals receive their income, whether through government assistance, such as housing vouchers, child support, alimony, social security, disability benefits, or any other lawful means.
As you are no doubt aware, Arizona cities are limited by state statutes regarding Fair Housing, but Tempe legally bypassed these statutes regarding SOI discrimination by incorporating source of income protection as a recognized protected class under the city’s broader Non-Discrimination and Human Relations ordinance.
A previous state Attorney General challenged similar city ordinances as violating state law; current Attorney General Kris Mayes officially reversed that opinion, clearing the legal way for cities like Tempe, Phoenix, and Tucson to enforce these rules. Mayes’ opinion indicates that local fair housing protections can differ and expand upon those in the Arizona Fair Housing Act. Nothing in the Arizona Fair Housing Act or related statutes prohibit cities from adding protected classes.
F3 urges the City Council to direct staff to draft a SOI/supplementary housing discrimination ordinance and provide an estimate of anticipated cost of implementation.
As outlined in the staff presentation today, an educational campaign and outreach to landlords, tenants, real estate professionals, and the general public will be needed to ensure all parties are aware of new requirements and expectations. Education should include clarification that with SOI protections in place, property owners can still require standard background, credit, income, and rental history checks.
Thank you,
Michele James
Executive Director
