Ariz. Rev. Stat. § 41-1491.36
Prevailing party; fees and costs
Operative Text
A court in a civil action brought under this article shall award reasonable attorney fees and costs to a prevailing plaintiff, except to the attorney general in an action brought under section 41-1491.33. The court shall not award attorney fees to a prevailing defendant unless the plaintiff's complaint was frivolous, unreasonable or without foundation.
Under A.R.S. § 41-1491.36, when a civil rights housing case brought under this article concludes, a court is required to award reasonable attorney fees and costs to a plaintiff who prevails — with the exception of the Attorney General in certain enforcement actions. A defendant who prevails is generally not entitled to attorney fees unless the court finds that the plaintiff's complaint was frivolous, unreasonable, or lacked any foundation. This asymmetric fee structure is designed to encourage individuals to bring legitimate fair housing claims without fear of bearing the defendant's legal costs if they lose.
Plain English — not legal advice.
Property owners and managers facing civil housing discrimination claims under A.R.S. § 41-1491.36 should be aware that a prevailing plaintiff is entitled to an award of reasonable attorney fees and costs as a matter of course. Conversely, a defendant who prevails can only recover attorney fees if the court determines the plaintiff's complaint was frivolous, unreasonable, or without foundation — a relatively high bar. Operators who maintain thorough, consistent, and well-documented fair housing compliance practices are generally better positioned to demonstrate that their conduct was lawful if a claim arises.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
A.R.S. § 41-1491.36 provides an important financial protection for tenants and other individuals who bring fair housing civil actions: if you prevail, the court is required to award you reasonable attorney fees and costs. This provision can make it more feasible to retain legal representation, since a successful outcome shifts those costs to the other side. Tenants who believe they have experienced housing discrimination may wish to explore options such as contacting a local tenant-rights organization, reaching out to the Arizona Attorney General's Civil Rights Division, or consulting with a fair housing attorney to understand what paths may be available.
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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