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With 'Source of Income' ordinance on hold, AG Mayes resolves Tucson of violation

City of Tucson not enforcing ordinance without AG sign-off
Arizona Governor Inauguration
Posted at 11:49 AM, Feb 01, 2023
and last updated 2023-02-01 13:49:44-05

In the video player: Tucson Mayor Regina Romero responds to the state's dispute over the 'Source of Income' ordinance.

TUCSON, Ariz. (KGUN) — In Arizona Attorney General Kris Mayes' letter to Tucson's City Attorney, AG Mayes says the city is not currently violating state law.

The dispute first came to light in late December, when then-AG Mark Brnovich told Tucson officials its 'Source of Income' ordinance was out of legal compliance. Designed to prevent landlords from denying rental applications to people who use Section 8 housing voucher, Tucson Mayor and Council unanimously passed the ordinance in September 2022.

According to Brnovich, Tucson's ordinance came about 27 years too late, as state law says municipalities could pass no new housing ordinances after 1995.

The city voted to suspend the Source of Income ordinance at its Wednesday, Jan. 11 Mayor and Council meeting, and says it has no plans to enforce it without prior notice to the AG's office—a move which AG Mayes says clears the city of any violation, and won't result in the state withholding funds from Tucson.

The city also says it has no plans to retroactively enforce the ordinance if and when it does go back into effect.


Click the bottom left icon to view letter full-screen.

AG Mayes authored an additional letter to Speaker of the State House, Representative Ben Toma (R-27). Toma had previously asked AG Mayes to reconsider the violation, which she says her office may do under legal precedent.

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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.