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Arizona Rent Control Law: A.R.S. Section 33-1329, City Preemption, and the 2025 Repeal Attempt

Arizona Rent Control Law: A.R.S. Section 33-1329, City Preemption, and the 2025 Repeal Attempt

Quick Reference : Arizona Rent Control Prohibition at a Glance

Provision

Detail

Source

Primary statute

A.R.S. Section 33-1329

Arizona Residential Landlord and Tenant Act, Title 33, Chapter 10

Core prohibition

Cities, including charter cities, and towns shall not have the power to control rents on private residential property

Section 33-1329(A)

Statewide concern declaration

The legislature declares rent regulation a matter of statewide concern; power is preempted by the state

Section 33-1329(A)

Exception

Does not apply to residential property owned, financed, insured or subsidised by any state agency, city, or town

Section 33-1329(B)

Mobile home parks

Section 33-1416 carries the same preemption for mobile home spaces

A.R.S. Section 33-1416

Enactment

1985

Arizona Legislature

Current status

Active and unchanged

Confirmed post-57th Legislature, 1st Regular Session

Rent increase notice (month-to-month)

30 days written notice required

Arizona ARLTA

Rent cap

None - Arizona has no statutory cap on the amount of a rent increase

State law

2025 repeal attempt

HB 2337 introduced January 21, 2025; did not pass; legislature adjourned Sine Die June 27, 2025

Arizona 57th Legislature, 1st Regular Session

Arizona rent control law is as straightforward as state law can be: it does not exist, and no Arizona city can create it. Under A.R.S. Section 33-1329, the foundational provision governing rent control in Arizona, the state legislature declared rent regulation a matter of statewide concern and expressly stripped every city, charter city, town, and municipality in the state of the authority to control rents on private residential property. There are no Arizona rent increase limits, no local rent caps, and no municipal ordinances - because under current law, cities have no legal power to enact them.

This is not a policy position or a local election outcome. It is a statutory preemption - embedded in Arizona's Residential Landlord and Tenant Act (ARLTA) since 1985, unchanged through decades of debate, and confirmed as still active law following the 57th Legislature's First Regular Session in 2025.

For property managers operating residential portfolios in Arizona, understanding what Section 33-1329 says, what it covers, what its narrow exception allows, and what the 2025 rent control repeal attempt would have changed is essential operational knowledge. To understand why this prohibition is so absolute in practice, you have to look closely at how A.R.S. Section 33-1329 is written - and why each part of the statute leaves so little room for interpretation.

What Arizona's Rent Control Law - A.R.S. Section 33-1329 - Actually Says

Section 33-1329 sits within the Arizona Residential Landlord and Tenant Act, codified at Title 33, Chapter 10 of the Arizona Revised Statutes.
The statute is short, direct, and deliberately structured. Its full text reads :

  • Subsection A
    "Notwithstanding any other provisions of law to the contrary the state legislature determines that the imposition of rent control on private residential housing units by cities, including charter cities, and towns is of statewide concern. Therefore, the power to control rents on private residential property is preempted by the state. Cities, including charter cities, or towns shall not have the power to control rents."

  • Subsection B
    "The provisions of subsection A shall not apply to residential property which is owned, financed, insured or subsidised by any state agency, or by any city, including charter city, or town."

  • Every word in Subsection A is doing specific work. "Notwithstanding any other provisions of law to the contrary" means the preemption is not subject to being overridden by other statutes or by local charter provisions - it supersedes them. "Statewide concern" is the constitutional basis for the preemption: by declaring rent regulation a matter of statewide concern, the legislature asserted that this is not a local matter that cities can resolve differently for their own circumstances. "Charter cities" is expressly included - closing what would otherwise be a significant gap, since Arizona charter cities generally have broader home rule powers than ordinary municipalities.

  • The operative sentence is as clear as legislative text gets: "Cities, including charter cities, or towns shall not have the power to control rents." There is no qualifier, no carve-out for emergency conditions, and no procedural mechanism by which a municipality could seek an exception. The prohibition is absolute for private residential property.

The Subsection B Exception - Far Narrower Than Many Assume

If Subsection A establishes the rule, Subsection B defines its only exception - and it is far narrower than many assume.

Section 33-1329 does not apply to residential property that is owned, financed, insured, or subsidised by any state agency, or by any city, including a charter city, or town. This means that publicly owned housing, state-financed projects, HUD-subsidised developments, and similar government-linked residential properties are not protected by the preemption. A city that owns a public housing complex can regulate rents in that complex. A state agency that finances affordable housing can impose rent restrictions as a condition of that financing.

What Subsection B does not do is create any general exception for private landlords receiving housing vouchers or for market-rate units in areas of high affordability concern. A private apartment building in Tucson, regardless of how long a tenant has lived there or how rapidly rents have increased, falls under Subsection A's prohibition. No city ordinance can change that under current law.

For property managers, the operational significance of the exception is limited but real: portfolios that include units in publicly owned or state-financed developments may be subject to rent restrictions as a condition of the underlying financing or subsidy programme, even though Section 33-1329(A) would not apply to them regardless.

Taken together, these provisions create a legal environment that is unusually clear - and that clarity directly shapes how rent increases are handled across Arizona residential portfolios.

Arizona Rent Increase Laws : What the Preemption Means in Practice

The practical consequences of Arizona's rent control law directly affect how residential portfolios are managed across the state.

  • No cap on rent increases
    Under current Arizona rent increase laws, there is no statutory limit on how much a landlord can raise rent on a private residential unit. A 5 percent increase, a 20 percent increase, or a market-driven adjustment of any amount is legally permissible, provided proper notice is given. This applies equally across Phoenix, Tucson, Scottsdale, Mesa, Chandler, Tempe, and every other Arizona municipality - none can set a lower ceiling.

  • 30-day notice requirement for month-to-month tenancies
    While there is no cap on the amount of a rent increase, Arizona's ARLTA regulates the timing of notice. For month-to-month tenancies, a landlord must provide at least 30 days' written notice before a rent increase takes effect. For fixed-term leases, rent cannot be changed during the lease term unless the lease agreement expressly provides for it. The comprehensive guide on Arizona's Residential Landlord and Tenant Act covers the full ARLTA framework within which rent adjustments operate.

  • No local ordinances to track
    A property manager operating across Maricopa County, Pima County, and multiple Arizona municipalities does not need to verify whether any individual city has enacted its own rent stabilisation rules, caps, or notice requirements beyond the state minimum. There are none. Uniform state law governs the entire portfolio - a significant operational simplicity compared to multi-state portfolios where city-level rent regulations can vary considerably.

  • No state agency enforcement of Section 33-1329
    There is no Arizona state agency with jurisdiction to investigate or sanction a municipality that attempts to regulate rents in violation of Section 33-1329. Enforcement would run through the courts - a property owner or landlord challenging a local ordinance as preempted by state law.

Section 33-1416 - The Mobile Home Park Companion Provision

The same logic that drives Section 33-1329 extends into a second statutory provision. A.R.S. Section 33-1416 applies an identical statewide preemption to mobile home spaces and mobile home parks, barring local governments from enacting rent control or stabilisation measures for mobile home spaces on private land, subject to the same public ownership and subsidy exception as Section 33-1329.

Both Section 33-1329 and Section 33-1416 were the target of HB 2337 in 2025 - the bill sought to repeal both provisions simultaneously. This is an important structural detail: any future repeal attempt that targeted only one of these two sections would leave the other intact, creating a split regulatory landscape where residential apartment rents could potentially be regulated locally while mobile home space rents could not. Any serious future repeal effort will almost certainly need to address both sections together.

Arizona in Context - A Strong Preemption in a Broad National Pattern

This kind of statewide preemption is not unique - but Arizona's version is among the most explicit in the country. Looking at how it compares nationally helps explain why repeal efforts continue to surface.

More than 30 states have enacted some form of statutory prohibition on local rent regulation, including Texas, Florida, and Georgia. What distinguishes Arizona's preemption is its breadth and specificity: the "notwithstanding any other provisions of law to the contrary" language, the express inclusion of charter cities, and the clear declaration of statewide concern collectively make it one of the stronger preemptions in the nation.

Several states with similar preemptions have faced sustained legislative challenges, particularly following the rapid rent growth of 2021 through 2023. In Arizona, where Phoenix and Tucson experienced significant rent increases during that period, pressure for local rent stabilisation tools intensified considerably - providing the precise context in which HB 2337 was introduced in 2025.

HB 2337: The 2025 Rent Control Repeal Attempt

That clarity, however, has not stopped repeated attempts to reverse the policy. The most recent and significant example came in 2025 with HB 2337.

HB 2337 was introduced on January 21, 2025 in the Arizona House of Representatives during the 57th Legislature, 1st Regular Session, and titled "rent regulation; state preemption." Its operative text was a single provision: repeal of A.R.S. Sections 33-1329 and 33-1416.

The bill was introduced by Representative Mae Peshlakai (Democrat, District 6), with cosponsors Representatives Janeen Connolly (D-8), Lupe Contreras (D-22), and additional Democratic members of the House. A companion bill in the Arizona Senate, SB 1177, sought the same repeal. After House first and second reading on January 21-22, 2025, HB 2337 was referred to three committees: Commerce, Rules, and Regulatory Oversight. No committee votes were recorded. The Arizona Legislature adjourned Sine Die on June 27, 2025, and HB 2337 did not pass. Section 33-1329 remains active and unchanged.

What the Bill Would Have Done - and What It Would Not Have Done

  • This distinction is critical and is frequently misunderstood in coverage of Arizona rent control debates.

  • HB 2337 would not have created rent control in Arizona. It contained no rent caps, no stabilisation formulas, no tenant protections, no landlord obligations, and no enforcement mechanisms. Its entire effect would have been to remove the two statutory provisions that currently prevent cities and towns from acting on rent regulation.

  • What repeal would have done is restore local authority: Phoenix, Tucson, Mesa, Scottsdale, Flagstaff, and every other Arizona municipality would have been free to decide through their own legislative processes whether and how to regulate residential rents within their boundaries. A city that chose not to act would have continued operating exactly as today. A city that chose to act could have done so.

  • In practice, housing advocates expected Tucson to move quickly if the preemption were removed. Tucson's 2026 state legislative agenda explicitly calls for repeal of the preemption, stating that the city wants the ability to consider rent control tools as part of a broader housing affordability strategy. Phoenix has not taken a formal position calling for repeal. The two largest Arizona cities would likely have pursued very different approaches if local authority had been restored.

Can Cities Control Rent in Arizona? The Pattern of Repeal Attempts

Can cities control rent in Arizona? Not under current law - and every legislative attempt to change that has failed. The pattern is consistent:

  • HB 2086 (2023) : Sought repeal of Sections 33-1329 and 33-1416. Did not pass.

  • HB 2259 (2024) : Same target - repeal of Sections 33-1329 and 33-1416. Did not pass.

  • HB 2337 and SB 1177 (2025) : House and Senate companion bills seeking the same repeal. Neither passed. Legislature adjourned Sine Die June 27, 2025.

Repeal bills are introduced, referred to committee, and die without a floor vote. The Arizona Legislature has maintained a Republican majority in both chambers for most of this period, and the preemption has strong support from property owner groups, real estate industry organisations, and legislators who argue that rent control reduces housing supply and discourages new construction.

The arguments on both sides are well established. Supporters of repeal argue that rapidly growing metros need local tools to prevent displacement of long-term residents facing large year-over-year increases. Opponents argue that rent control reduces the incentive to build and maintain rental housing, ultimately driving up rents for uncontrolled units and reducing overall supply. Both positions have empirical support in the research literature. What is not in dispute is the current legal position: Section 33-1329 is active, no Arizona municipality has the power to control rents on private residential property, and no repeal attempt has come close to passage since 1985.

What Arizona Property Managers Should Monitor Going Forward

While the law is stable today, the pattern of repeated repeal attempts means property managers cannot treat this question as entirely static. The landscape to monitor:

  • Annual legislative sessions
    Given the pattern of annual repeal attempts since 2022, property managers should expect similar bills to be introduced in the 57th Legislature's 2nd Regular Session (January 2026) and beyond. None have passed, but a change in chamber majority would materially alter the probability of a bill reaching the floor.

  • Tucson's active agenda
    Tucson has made repeal of the preemption an explicit item on its 2026 state legislative agenda. Property managers with significant Tucson-area exposure should treat this as a live policy risk to monitor, even though current law remains a complete prohibition.

  • Lease structuring under current Arizona landlord rent rules
    Under current law, there is no obligation to justify or limit the amount of a rent increase on renewal. Best operational practice is to align increases with documented market conditions, provide adequate notice, and structure lease terms to give both parties clarity on how adjustments will be applied. The guide on red flags in lease agreements covers the lease provisions that create vulnerability on renewal even in markets without rent control.

  • The federal dimension
    While Section 33-1329 blocks local action, it has no bearing on federal programmes. Properties receiving federal housing assistance - Section 8 vouchers, LIHTC financing, HUD mortgages - may be subject to rent restrictions as conditions of that federal participation. These are contract obligations, not local ordinances, and they exist alongside Section 33-1329 rather than in conflict with it.

  • Building operational infrastructure to support well-documented rent adjustment decisions - lease tracking, renewal calendars, market comparable records - positions a property management team to respond quickly if the legal landscape changes. Platforms that centralise lease management and renewal timelines make the administrative side manageable at scale, under current law or any future framework.

Conclusion

Arizona's rent control law is as clear as state preemption language can be. A.R.S. Section 33-1329 declares rent regulation a matter of statewide concern, strips every Arizona municipality of the power to enact rent caps on private residential property, and has remained unchanged since 1985 despite recurring legislative challenges. As of the adjournment of the 57th Legislature's First Regular Session on June 27, 2025, that prohibition remains fully in force.

HB 2337, the 2025 repeal bill, would not itself have created rent control anywhere in Arizona. It would only have removed the preemption and returned the question of local rent regulation to individual municipalities. It did not pass. SB 1177, its Senate companion, likewise did not pass.

The debate will return. Annual repeal attempts, Tucson's explicit 2026 legislative agenda, and sustained advocacy from tenant organisations across Arizona's rental markets all point to a question that will recur each legislative session. Property managers in Arizona do not need to act on this now - but they should understand exactly what the law currently says, why cities cannot control rent in Arizona, and what would need to change at the legislature for that to shift.

The answer to the question at the start of this blog remains the same as it has been since 1985 : no Arizona city has the power to cap residential rents. For the moment, that is the law.

NOTE: This blog is for informational purposes only and does not constitute legal advice. For guidance specific to your Arizona portfolio and circumstances, consult a licensed Arizona attorney experienced in residential landlord-tenant law.

Frequently Asked Questions

Does Arizona have rent control in 2025?
No. Arizona has no state-level rent control, and under A.R.S. Section 33-1329, no city or town in Arizona has the power to enact rent control on private residential property. This prohibition has been in place since 1985 and remains active law following the 2025 legislative session.

What does Arizona's rent control law - A.R.S. Section 33-1329 - actually prohibit?
Section 33-1329(A) prohibits all cities, including charter cities, and towns from controlling rents on private residential housing units. The statute declares this a matter of statewide concern and states that the power to regulate rents is preempted by the state. No local ordinance can override it under current law.

Can cities control rent in Arizona?
No. Under A.R.S. Section 33-1329, no Arizona city - including Phoenix, Tucson, Scottsdale, or Mesa - has the legal authority to enact rent control or rent stabilisation on private residential property. The only way for cities to gain this power is if the Arizona Legislature repeals or amends Section 33-1329, which has not occurred despite multiple attempts.

What are Arizona's rent increase laws for landlords?
Arizona landlord rent rules require at least 30 days' written notice before a rent increase takes effect for month-to-month tenancies. For fixed-term leases, rent cannot be changed during the lease term unless the lease specifically allows it. There is no statutory cap on the amount of a rent increase. Arizona has no local rent stabilisation ordinances because Section 33-1329 prohibits cities from enacting them.

Is there any exception to Arizona's rent control prohibition?
Yes, one narrow exception. Under Section 33-1329(B), the prohibition does not apply to residential property that is owned, financed, insured, or subsidised by any state agency or any city or town. Publicly owned or government-financed housing falls outside the preemption. Private market-rate housing does not.

What is A.R.S. Section 33-1416 and how does it relate to Section 33-1329?
Section 33-1416 is the companion provision applying the same statewide rent control preemption to mobile home spaces and mobile home parks. Both sections together cover the full range of private residential rental housing in Arizona, and both were targeted for repeal by HB 2337 in 2025.

What did Arizona's HB 2337 propose in 2025?
HB 2337, introduced January 21, 2025, proposed to repeal both A.R.S. Sections 33-1329 and 33-1416. It would not have created rent control anywhere - it would only have removed the statutory prohibition, allowing individual cities and towns to choose whether to enact local rent regulation.

Did HB 2337 pass?
No. HB 2337 was referred to the House Commerce, Rules, and Regulatory Oversight committees. No committee votes were recorded. The Arizona Legislature adjourned Sine Die on June 27, 2025, and the bill died without passing. Section 33-1329 remains active and unchanged.

What have been the previous attempts to repeal Arizona's rent control prohibition?
Repeal bills have been introduced annually since at least 2022: HB 2086 in 2023, HB 2259 in 2024, and both HB 2337 and SB 1177 in 2025. None has passed.