10 Ariz. Admin. Code § R10-2-107
General Prohibitions Against Discrimination
Operative Text
Because of Handicap It is unlawful under A.R.S. § 41-1491.19 to make an inquiry to determine whether an applicant for a dwelling, a person intending to reside in a dwelling after it is sold, rented, or made available, or any person associated with that person, has a handicap or to make inquiry as to the nature or severity of a handicap of such a person. Neither the Act nor this Article prohibits the following inquiries, provided these inquiries are made of all applicants, whether or not they have handicaps: 1. Inquiry into an applicant’s ability to meet the bona fide requirements of ownership or tenancy; 2. Inquiry to determine whether an applicant is qualified for a dwelling available only to persons with handicaps or to persons with a particular type of handicap; 3. Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with handicaps or to persons with a particular type of handicap; 4. Inquiring whether an applicant for a dwelling is a current illegal drug abuser or addict of a controlled substance; and 5. Inquiring whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance.
Under 10 Ariz. Admin. Code § R10-2-101 et seq. § R10-2-107, it is unlawful to ask applicants or prospective residents whether they have a handicap or to probe the nature or severity of any such condition. However, the rule carves out five categories of permissible inquiries—such as whether an applicant can meet standard ownership or tenancy requirements, or whether an applicant is a current illegal drug user—so long as those questions are posed uniformly to all applicants. The provision draws a clear line between disability-status screening, which is prohibited, and neutral qualification screening, which is allowed.
Plain English — not legal advice.
Property owners and managers operating under 10 Ariz. Admin. Code § R10-2-101 et seq. § R10-2-107 generally avoid any question designed to reveal whether an applicant has a handicap or the extent of one. Compliant operators apply the five permitted inquiry categories—such as ability to meet tenancy requirements or current illegal drug use—consistently to every applicant regardless of apparent disability status. Maintaining uniform, documented screening criteria helps demonstrate that application questions serve legitimate qualification purposes rather than disability-based screening.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
10 Ariz. Admin. Code § R10-2-101 et seq. § R10-2-107 establishes that applicants and prospective residents have a right not to be questioned about whether they have a handicap or how severe it is during the housing application process. If a housing provider asks questions that appear designed to uncover disability status beyond the five permitted categories, that conduct may constitute an unlawful inquiry under this provision. Tenants and applicants who believe this rule has been violated may consider contacting a tenant-rights organization, filing a complaint with the Arizona Attorney General's Civil Rights Division, or exploring other enforcement paths available under state fair housing law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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