Arizona Administrative Code › Title 10 - LAW › Chapter 2 - ATTORNEY GENERAL - FAIR HOUSING › Article 1 - FAIR HOUSING › Section R10-2-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
A. Words and
				phrases defined in A.R.S. §§
									41-1491.04,
				41-1491.19,
				and
				41-1491.20,
				when used in this Article, have the defined meaning.
B. Other definitions:
1. "Accessible", when used with respect to
				the public and common-use areas of a building containing covered multifamily
				dwellings, means that the public or common-use areas of the building can be
				approached, entered, and used by individuals with physical handicaps. The
				phrase "readily accessible to and usable by" is synonymous with
				accessible.
2. "Accessible route"
				means a continuous unobstructed path connecting accessible elements and spaces
				in a building or within a site that can be negotiated by a person with a severe
				disability using a wheelchair and that is also safe for and usable by people
				with other disabilities. Interior accessible routes include corridors, floors,
				ramps, elevators, and lifts. Exterior accessible routes include parking access
				aisles, curb ramps, walks, ramps, and lifts. A route that complies with 24 CFR
				40(1993), and no further amendments or additions, incorporated herein by
				reference and on file with the Office of the Secretary of State and at the
				Offices of the Attorney General, Civil Rights Division, or a comparable
				standard is an "accessible route".
3. "Act" means the Fair Housing Act or A.R.S.
				Title 41, Chapter 9, Article 7.
4.
				"Appraisal" means an estimate or opinion of the value of a specified
				residential real property made in a business context in connection with the
				sale, rental, financing, or refinancing of a dwelling or in connection with any
				activity that otherwise affects the availability of a residential real
				estate-related transaction, whether the appraisal is oral or written, or
				transmitted formally or informally. The appraisal includes all written comments
				and other documents submitted as support for the estimate or opinion of
				value.
5. "Attorney General" means
				the Attorney General of the state of Arizona, the Civil Rights Section or
				Division of the Arizona Attorney General's Office, or any person or persons the
				Attorney General may delegate to act on his or her behalf.
6. "Broker" or "Agent" means any person
				authorized to act on behalf of another person regarding any matter related to
				the administration, sale, rental, or lease of dwellings. Acts may include
				offers, solicitations, contracts, or any residential real estate-related
				transactions.
7. "Building" means a
				structure, facility, or portion of a structure or facility that contains or
				serves one or more dwelling units.
8. "Building entrance on an accessible route"
				means an accessible entrance to a building that is connected by an accessible
				route to public transportation stops, to parking and passenger loading zones,
				or to public streets or sidewalks, if available.
9. "Civil Rights Section" means the Civil
				Rights Section or Division of the Arizona Attorney General's Office.
10. "Common-use areas" means rooms, spaces,
				or elements inside or outside a building that are made available for the use of
				residents of a building or their guests. These areas include hallways, lounges,
				lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas, parking
				lots, and passageways among and between buildings.
11. "Drug" means a controlled substance, as
				defined in schedules I through V of Section 202 of the Controlled Substances
				Act (
				21 U.S.C.
				812(1994) ), and no further
				amendments or additions, incorporated herein by reference and on file with the
				Office of the Secretary of State and the Arizona Attorney General, Civil Rights
				Division.
12. "Dwelling unit" means
				a single unit of residence for a household of one or more persons.
13. "Entrance" means any access point to a
				building or portion of a building used by residents for the purpose of
				entering.
14. "Exterior" means all
				areas of the premises outside of an individual dwelling unit.
15. "First occupancy" means occupancy of a
				building that has never before been used for any purpose.
16. "Ground floor" means a floor of a
				building with a building entrance on an accessible route. A building may have
				more than one ground floor.
17.
				"Handicap" means:
a. With respect to an
				individual:
i. A physical or mental impairment
				that substantially limits one or more of the major life activities of the
				individual;
ii. A record of the
				impairment; or
iii. Being regarded
				as having such an impairment.
b. Nothing in this Article or the Act
				excludes from the definition of a "handicap" an individual who:
i. Has successfully completed a supervised
				drug rehabilitation program and is no longer engaging in the illegal use of
				drugs, or has otherwise been rehabilitated successfully and is no longer
				engaging in the illegal use of drugs;
ii. Is participating in a supervised
				rehabilitation program and is no longer engaging in the illegal use of drugs;
				or
iii. Is erroneously regarded as
				engaging in the illegal use of drugs but is not doing so.
c. As used in this definition:
i. "Physical or mental impairment" includes:
(1) Any physiological disorder or condition,
				cosmetic disfigurement, or anatomical loss affecting one or more of the
				following body systems: neurological, musculoskeletal; special sense organs;
				respiratory, including speech organs; cardiovascular; reproductive; digestive;
				genito-urinary; hemic and lymphatic; skin; and endocrine; or
(2) Any mental or psychological disorder,
				such as mental retardation, organic brain syndrome, emotional or mental
				illness, and specific learning disabilities. The term "physical and mental
				impairment" includes such diseases and conditions as orthopedic, visual,
				speech, and hearing impairments, cerebral palsy, autism, epilepsy, muscular
				dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human
				Immunodeficiency Virus infection, mental retardation, emotional illness, drug
				addiction (other than addiction caused by current, illegal use of a controlled
				substance) and alcoholism.
ii. "Major life activities" means functions
				such as caring for one's self, performing manual tasks, walking, seeing,
				hearing, speaking, breathing, learning, and working.
iii. "Has a record of such an impairment"
				means has a history of, or has been misclassified as having, a mental or
				physical impairment that substantially limits one or more major life
				activities.
iv. "Is regarded as
				having an impairment" means:
(1) Has a
				physical or mental impairment that does not substantially limit one or more
				major life activities but that is treated by another person as constituting
				such limitation;
(2) Has a physical
				or mental impairment that substantially limits one or more major life
				activities only as a result of the attitudes of others toward such an
				impairment; or
(3) Has none of the
				impairments defined in subsection (c)(i) of this definition but is treated by
				another person as having such an
				impairment.
18. "Illegal use of drugs" means the use of
				drugs, the possession or distribution of which is unlawful under the Controlled
				Substances Act (
				21 U.S.C.
				812 ) (1994) and no further additions or
				amendments, incorporated herein by reference and on file with the Office of the
				Secretary of State and the Arizona Attorney General, Civil Rights Division.
				Such term does not include the use of a drug taken under supervision by a
				licensed health care professional, or other uses authorized by the Controlled
				Substances Act (
				21
				U.S.C. 801 et seq.) (1994) and no further
				additions or amendments, incorporated herein by reference and on file with the
				Office of the Secretary of State and the Arizona Attorney General, Civil Rights
				Division.
19. "Interior" means the
				spaces, parts, components, or elements of an individual dwelling
				unit.
20. "Modifications" means any
				change to the public or common-use areas of a building or any change to a
				dwelling unit.
21. "Premises" means
				the interior or exterior spaces, parts, components, or elements of a building,
				including individual dwelling units and the public and common-use areas of a
				building.
22. "Public-use Areas"
				means interior or exterior rooms or spaces of a building that are made
				available to the general public. Public use may be provided at a building that
				is privately or publicly owned.
23.
				"Receipt of notice" occurs when service of notice is completed.
24. "Service of notice" means service
				instituted by the Attorney General in accordance with A.R.S. §
										41-1403
				or Rule 4 of the Rules of Civil Procedure.
25. "Site" means a parcel of land bounded by
				a property line or a designated portion of a public right of
				way.