Arizona Real Estate Law

by Christopher A. Combs

The following is for informational purposes only and is not intended as definitive legal or tax advice. You should not act upon this information without seeking independent legal counsel. If you desire legal, tax or other professional advice, please contact your attorney, tax advisor or other professional consultant.

Federal Law Protects Adult Care Facilities

Question: We live in a large planned community in Chandler. The Covenants, Conditions and Restrictions ("CC&Rs") that govern our community restrict the homes to a "single family dwelling," and prohibit any "business activity." A home in our community has recently been remodeled and made into an adult care facility for six individuals residing in the home. At the last homeowners association meeting, we were told that nothing could be done about this adult care facility because the Federal Fair Housing Act permits adult care facilities in communities, and that the Federal Fair Housing Act controls over the CC&Rs of a community. Does the Federal Fair Housing Act control over our CC&Rs?

Answer: Yes. An adult care facility generally manages for compensation the care of individuals who qualify for "handicapped" or “disabled” protection under the Federal Fair Housing Act. Therefore, court decisions and administrative interpretations of the Federal Fair Housing Act generally protect adult care facilities in a community even though zoning restrictions and CC&Rs for various reasons prohibit adult care facilities in that community. Note: Inasmuch as the Arizona Fair Housing Act generally “mirrors” the Federal Fair Housing Act, enforcement in Arizona courts of Fair Housing laws is permitted.

Phoenix attorney Christopher A. Combs is a partner with the firm of Combs Law Group, P.C. Reprinted with permission. Copyright 2006, all rights reserved.

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• Mediation Required for Earnest Money Dispute
• Quit Claim Deed is Sufficient to Transfer Property into Trust
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• Handwritten language controls over boilerplate language
• Mediation Required for Earnest Money Dispute
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• Arizona Property Can be Transferred Into Out-of-State Revocable Living Trust
• Listing Daughter to Title of Real Property Not Recommended
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