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AG Mayes to Tucson: Source of Income ordinance not illegal

Tucson City Council
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TUCSON, Ariz. (KGUN) — Arizona Attorney General Kris Mayes reversed a decision Wednesday by her predecessor Mark Brnovich that called into question the legality of Tucson's 'Source of Income' protection ordinance—saying the ordinance does not violate state law or the state constitution.

The ordinance, passed by the Tucson Mayor and Council in September of 2022, was designed to prevent landlord or property manager discrimination against renters applying for housing using Section 8 vouchers or other government assistance.

In late December 2022, however, Brnovich said the ordinance was illegal, violating a state law that said local housing ordinances in Arizona could not be enacted after 1995. The city of Tucson placed the ordinance on hold at the time, awaiting a decision on the issue from current Attorney General Mayes.

With Mayes' rejection of then-Attorney General Brnovich's dispute over the ordinance—she sited two legal errors in his decision—the ordinance can go back into effect.

“The Source of Income Protection is one of the solutions for the housing crisis in Arizona,” said Tucson Mayor Regina Romero. “I applaud Arizona Attorney General Mayes for reversing the opinion of the previous AG and recognizing that the City of Tucson has the authority as a chartered city to make the decisions that protect our most vulnerable residents.”

The Source of Income ordinance was added to the City of Tucson’s Human Relations Ordinance that says discrimination on the basis of race, national origin, color, age, disability, sexual orientation, gender identity, religion, sex, and marital or familial status is illegal.

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Anne Simmons is the digital executive producer for KGUN 9. Anne got her start in television while still a student at the University of Arizona. Before joining KGUN, she managed multiple public access television stations in the Bay Area and has worked as a video producer in the non-profit sector. Share your story ideas and important issues with Anne by emailing anne.simmons@kgun9.com or by connecting on Instagram, Twitter or LinkedIn.