Arizona HCR 2032: short-term rentals; vacation rentals.

Bill Text

HCR2032 - 571R - I Ver 

 REFERENCE TITLE: short-term rentals; vacation rentals.

 State of Arizona

 House of Representatives

 Fifty-seventh Legislature

 First Regular Session

 2025

 HCR 2032

 Introduced by 

 Representatives 
 Simacek: Abeytia, Aguilar, Austin, Contreras P, Crews, Gutierrez, Liguori, 
 Sandoval

A 
CONCURRENT RESOLUTION

enacting and ordering the submission to 
the people of a measure relating to short-term and vacation rentals.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it resolved by the House of Representatives of the State of 
Arizona, the Senate concurring:

1. Under the power of the referendum, as vested in 
the Legislature, the following measure, relating to short-term and vacation 
rentals, is enacted to become valid as a law if approved by the voters and on 
proclamation of the Governor:

An 
Act

repealing sections 9-500.39 and 11-269.17, 
ARIZONA REVISED STATUTES; amending sections 12-1134, 42-2003 and 42-5042, 
arizona revised statutes; RELATING TO short-term rentals and vacation rentals.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Repeal

Sections 9-500.39 and 11-269.17, 
Arizona Revised Statutes, are repealed.

Sec. 2. Section 12-1134, Arizona Revised 
Statutes, is amended to read:

START_STATUTE12-1134. Diminution in value; just compensation; exceptions; definitions

A. If the existing rights to use, divide, sell or 
possess private real property are reduced by the enactment or applicability of 
any land use law enacted after the date the property is transferred to the 
owner and such action reduces the fair market value of the property, the owner is entitled to just compensation from this state or 
the political subdivision of this state that enacted the land use law.

B. This section does not apply to land use laws 
that meet any of the following:

1. Limit or prohibit a use or division of real 
property for the protection of the public's health and safety, including rules 
and regulations relating to fire and building codes, health and sanitation, 
transportation or traffic control, solid or hazardous waste, and pollution 
control. ; 

2. Limit or prohibit the use or division of real 
property commonly and historically recognized as a public nuisance under common 
law. ; 

3. Are required by federal law. ; 

4. Limit or prohibit the use or division of a 
property for the purpose of housing sex offenders, selling illegal drugs, 
liquor control, or pornography, obscenity, nude or topless 
dancing, and other adult oriented businesses if the 
land use laws are consistent with the constitutions of this state and the 
United States. ; 

5. Establish locations for utility facilities. ; 

6. Do not directly regulate an owner's land. ; or

7. Were enacted before the effective 
date of this section December 7, 2006.

8. Regulate a vacation rental or 
short-term rental.� 

C. This state or the political subdivision of this 
state that enacted the land use law has the burden of demonstrating that the 
land use law is exempt pursuant to subsection B of this section.

D. The owner shall not be required to first submit 
a land use application to remove, modify, vary or otherwise alter the 
application of the land use law to the owner's property as a prerequisite to 
demanding or receiving just compensation pursuant to this section. 

E. If a land use law continues to apply to private 
real property more than ninety days after the owner of the property makes a 
written demand in a specific amount for just compensation to this state or the 
political subdivision of this state that enacted the land use law, the owner 
has a cause of action for just compensation in a court in the county in which 
the property is located, unless this state or the political 
subdivision of this state and the owner reach an agreement on the amount of 
just compensation to be paid, or unless this state or the political 
subdivision of this state amends, or repeals, the land use law or issues to the 
landowner a binding waiver of enforcement of the land use law on the owner's 
specific parcel.

F. Any demand for landowner relief or any waiver 
that is granted in lieu of compensation runs with the land.

G. An action for just compensation based on 
diminution in value must be made or forever barred within three years of the 
effective date of the land use law, or of the first date the reduction of the 
existing rights to use, divide, sell or possess property applies to the owner's 
parcel, whichever is later.

H. The remedy created by this section is in 
addition to any other remedy that is provided by the laws and constitution of 
this state or the United States and is not intended to modify or replace any 
other remedy.

I. Nothing in This section prohibits does not prohibit this state or 
any political subdivision of this state from reaching an agreement with a 
private property owner to waive a claim for diminution in value regarding any 
proposed action by this state or a politi