Ariz. Rev. Stat. § 33-1317
Discrimination by landlord or lessor against tenant with children prohibited; classification; exceptions; civil remedy; applicability
Operative Text
A. A person who knowingly refuses to rent to any other person a place to be used for a dwelling for the reason that the other person has a child or children, or who advertises in connection with the rental a restriction against children, either by the display of a sign, placard or written or printed notice, or by publication thereof in a newspaper of general circulation, is guilty of a petty offense. B. No person shall rent or lease his property to another in violation of a valid restrictive covenant against the sale of such property to persons who have a child or children living with them. C. No person shall rent or lease his property to persons who have a child or children living with them when his property meets the definition of housing for older persons in section 41-1491.04. D. A person who knowingly rents or leases his property in violation of the provisions of subsection B or C of this section is guilty of a petty offense. E. A person whose rights under this section have been violated may bring a civil action against a person who violates this section for all of the following: 1. Injunctive or declaratory relief to correct the violation. 2. Actual damages sustained by the tenant or prospective tenant. 3. A civil penalty of three times the monthly rent of the housing accommodation involved in the violation if the violation is determined to be intentional. 4. Court costs and reasonable attorney fees. F. Nothing in this section shall prohibit a person from refusing to rent a dwelling by reason of reasonable occupancy standards established by the owner or the owner's agent which apply to persons of all ages, and which have been adopted and published before the event in issue. An occupancy limitation of two persons per bedroom residing in a dwelling unit shall be presumed reasonable for this state and all political subdivisions of this state. G. Subsection B of this section applies only to dwellings occupied or intended to be occupied by no more than four families living independently of each other and in which the owner maintains and occupies one of the living quarters as the owner's residence.
Arizona Revised Statutes § 33-1317 makes it unlawful for a landlord to refuse to rent to someone solely because they have children, or to advertise any restriction against children in rental housing. There are two main exceptions: properties that qualify as 'housing for older persons' under A.R.S. § 41-1491.04, and properties subject to a valid restrictive covenant limiting occupancy to child-free households (though that exception applies only to small owner-occupied buildings of four or fewer units). Landlords may still enforce reasonable occupancy standards that apply to all ages, and a limit of two persons per bedroom is presumed reasonable statewide.
Plain English — not legal advice.
Under A.R.S. § 33-1317, compliant property operators generally avoid any advertising language, signage, or written notices that signal a restriction against families with children, unless the property lawfully qualifies as housing for older persons under A.R.S. § 41-1491.04. Operators who wish to enforce occupancy limits typically ensure those standards are written, published before any dispute arises, and applied uniformly across all age groups — a two-persons-per-bedroom standard is presumed reasonable under Arizona law. Violating the anti-discrimination provisions of this section can expose an operator to criminal liability as a petty offense, as well as civil liability including actual damages, injunctive relief, and potentially a civil penalty equal to three times the monthly rent if the violation is found to be intentional.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
A.R.S. § 33-1317 gives tenants and prospective tenants the right to be free from rental refusals or advertising restrictions based solely on having children, with limited exceptions for qualifying senior housing and certain small owner-occupied buildings. If a person believes their rights under this section have been violated, the statute provides a private civil remedy that may include injunctive or declaratory relief, actual damages, court costs, reasonable attorney fees, and — where the violation is found intentional — a civil penalty of three times the monthly rent. Individuals who believe they have experienced a violation may wish to consult a tenant-rights organization or legal aid provider familiar with Arizona fair housing law to understand the options available under § 33-1317.
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 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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