AG Says City’s Source Of Income Law Unconstitutional

The Arizona Attorney General says Tucson's source of income protection ordinance for renters is unconstitutional and must be rescinded.

The State of Arizona and City of Tucson have gotten into a spat over the city’s source of income protection ordinance for renters passed in September of 2022.

Former Arizona Attorney General Mark Brnovich ordered the City of Tucson to rescind a law that prohibits landlords from discriminating against renters who receive government assistance, after he deemed it unconstitutional in a non-binding legal opinion, the Arizona Republic reported.

“As mayor and council, we unanimously approved the source of income protection because we know we need a layered approach to find solutions for homelessness and lack of affordability in our state,” Tucson Mayor Regina Romero told

Romero says they have plans to meet with the newly elected Attorney General Kris Mayes, to discuss a hopeful reconsideration of Brnovich’s call on the 1487 complaint.

“To put out such a complaint, a 1487 complaint, when in fact the City of Tucson is trying to house more individuals – I thought it was very heartless and cold,” Romero said.

If Tucson does not rescind its ordinance, the attorney general’s office will notify the state treasurer, who will withhold the city’s portion of state shared revenue until it comes into compliance, said Brittni Thomason, a spokesperson for the Arizona Attorney General’s Office.

In the meantime, Romero says to protect the state-shared revenue, the ordinance will not be in effect.

Romero says oftentimes people confuse the source of income protection with the City of Tucson forcing landlords to rent to anyone when in fact it prevents landlords from denying Tucsonans just because they have a Section 8 voucher or receiving social security.

“Without even looking at their background, many people were being denied for the only reason of them having vouchers and that’s why the source of income protection is important for Tucsonans,” Romero said. Once the order of protection was passed, Romero says they saw an immediate increase in landlords accepting renters who had vouchers.

The investigation into the legality of the ordinance began in November from a request made by House speaker-elect and state Rep. Ben Toma of Peoria, who is a real estate agent.

Read City of Tucson response to Toma complaint.

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