The information in this brochure was compiled by the Arizona Association Manufactured Home Owners, Inc. (AAMHO) in an effort to educate its members about the Arizona Mobile Home Parks Residential Landlord and Tenant Act, the state law defining the relationship between mobile home parks landlords and tenants. This brochure is not meant to replace the services of an attorney. If you have a question regarding the legality of a certain action, you should contact an attorney.

The Arizona Association Manufactured Home Owners, Inc. (AAMHO) is a non-profit organization representing thousands of mobile home owners throughout the state. It was formed in 1987 as the result of a merger of two mobile home groups located in Tucson and Phoenix.

AAMHO\'s main purpose is to improve the manufactured housing lifestyle. It\'s activities include legislative lobbying; assisting residents with their concerns; educating residents through a newsletter and various meetings; and representing manufactured home owners at the city, state and national levels.

If you are not a member of AAMHO, please contact us today. It is only by working together that Arizona\'s manufactured home owners have come so far! If you do not have a copy of the Arizona Mobile Home Parks Landlord and Tenant Act, ask your landlord for one. By law, he or she must give you a current copy.

On September 13, 1988 the U.S. Congress enacted the Fair Housing Amendments Act of 1988 (referred to hereafter as the "Act"); it became effective on March 12, 1989. The Act is an amendment to Title VIII of the Civil Rights Act of 1968, which prohibits housing discrimination based upon race, color, religion, national origin or sex. The Act adds two new protected classes to the above five: familial status (i.e., people with children under 18, etc.) and handicap. Effective March 12, 1989 it is illegal to refuse to rent, sell, deal, or to provide differential treatment to people because they have children (except for housing for older persons as described below) or a physical / mental handicap. All housing communities (including manufactured housing communities) are subject to the Act.

There are three exempt categories for housing for older persons in the Act (these communities do not have to allow children in):

1. State and federal elderly housing programs
2. 62 or Over Housing: Communities which are intended for, and solely occupied by, persons 62 years or older are allowed to discriminate based on familial status. The Act contains a transition period clause which states that anyone living in the community prior to September 13, 1988 (the enactment date of the Act) who does not meet the age 62 or older requirement is allowed to stay in the community, but anyone moving in after September 13, 1988 must be age 62 or older. The Act does provide that a community will still meet the requirements of this exemption if there are units occupied by employees of the housing (and their families residing in the same unit) which are under age 62 provided they perform substantial duties directly related to the management or maintenance of the housing.
3. 55 or Over Housing: This is the most confusing of the exempt categories for housing for older persons in the Act. It exempts housing intended for (emphasis added) and operated for occupancy by at least one person 55 years or older per unit; in addition, the community must meet certain other criteria:
   1. In at least 80% of the homes in the community, there must be at least one person age 55 or older. This 80% rule was enacted to allow for situations where a person dies and leaves the home to their spouse who is not yet 55 years of age. Again, the Act contains the transitional period clause described above under Age 62 or Over Housing and the clause exempting housing occupied by managers or maintenance persons.
   2. The housing complex must adhere to policies demonstrating an intent to provide housing to persons of the age 55 or over group. In the Federal Register (January 23, 1989 edition), the Department of Housing and Urban Development (HUD) wrote that "the Department does not believe it would be consistent with the intent of the statute to permit an owner or manager seeking to qualify for the \'55 or Over\' exemption to sell or rent the first 20 percent of the units to persons all of whom are under age 55 years of age. Filling so many units with non-qualifying persons might create an impression that the housing is not intended for older persons..."

   A park\'s rules may be stricter than the law, but not less strict. For example, it would be legal for an Age 55 community to state that a prospective resident would not be approved unless there is at least one person age 55 or older who will be living in the home. The owner of an Age 55 or Over Housing development is responsible for verifying the ages of people in the community. If you live in such a community, please be willing to give the landlord a copy of your driver\'s license, birthday certificate, passport, etc. to prove your age. The owner must keep these on file in case HUD comes in to do an investigation. HUD will not go door-to-door to seek ages of residents; the landlord or park manager must have the documentation available to prove compliance. Communities are also required to do periodic surveys to determine ages of residents.

1. First, remember that the Act is a set of minimum standards; a person can always enact rules which are more strict. Read your park rules and Statements of Policy. What do they say about the age requirements? If your landlord is violating the rules or Policy, you can file a complaint with the mobile home parks hearing officer or in the appropriate court.

   The U.S. Department of Housing and Urban Development (HUD) is ultimately responsible for enforcing the Act. In Arizona, the legislature has adopted a Fair Housing Law, which conforms to the Federal Law, so the Arizona Attorney General has been given the authority to enforce the Act by HUD. You can file a complaint with:

   Arizona Attorney General
   Civil Rights Division
   1275 W. Washington Street
   Phoenix, AZ 85007
   
   (602) 542-5263

   Remember, if you file a complaint with the Attorney General and they determine that your community does not meet the requirements to be an exempt community, your community will become a family community.