Capitol Insider April 29, 2011



aPRIL 29, 2011


Victory for Private Property Rights


On April 27, with the stroke of her pen, Governor Jan Brewer signed HB 2193: Municipal Water Charges; Responsibility into law. This legislation was brought forward by the Arizona Association of REALTORS® in conjunction with Representative Jim Weiers, the bill sponsor, to resolve concerns regarding municipal requirements that held property owners liable for the unpaid water bills of tenants or prior owners.


The key provisions of this legislation are as follows:

·          Specifies, for a residential property of four or fewer units, that a municipality may require payment only from the person who has contracted for water and wastewater service, physically resides or resided at the location and receives or received the service.

·          Allows other entities, at their sole discretion, to contract for water and wastewater service with a municipality and provide payment for those services. Other entities may include property owners or immediate family members who do not reside at the location.

·          Prohibits, for a residential property of four or fewer units, a municipality from refusing service, due to unpaid service charges, to anyone other than the person who resided and received service at the property.


This legislation did not contain a specified effective date; as a result, the legislation will become effective on July 20, 2011. This means that any municipality that is currently utilizing unfair practices or ordinances to usurp the law and require the property owner to contract for the tenant’s water service will have to change that practice by July 20.

The Arizona Association of REALTORS® applauds Representative Jim Weiers for championing HB 2193 as well as Governor Jan Brewer for once again recognizing the importance of personal accountability and the continued protection of personal property rights.




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Arizona Association of REALTORS®

255 E. Osborn Rd., Ste. 200  •  Phoenix, Arizona 85012


Telephone: (602) 248-7787  •  Fax: (602) 351-2471

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