Attorney General Announces Fair Housing Lawsuit

By Mark Zinman | Zona Law

On June 4, 2025, Arizona Attorney General Mayes announced that her office had recently filed a lawsuit against a landlord for not changing the rent due date for a tenant who received SSDI. This is an important article for AZREIA members as they may not be aware of all of the nuances of fair housing laws, including the requirement that, in certain circumstances and with certain proof, managers accommodate disabled residents to pay rent later than the first of the month.

As set forth in the press release: "As alleged in the Complaint, to account for the delay in her Social Security payments, the tenant requested that (The Landlord) modify its rent payment policy to allow her to pay rent on the third of the month without penalty. (The Landlord) denied the requested accommodation unless the tenant paid an additional fee. The State alleges that the tenant’s request was reasonable on its face and should have been granted."

This is the reason that most companies don't charge late fees until the 4th because Social Security isn't paid until the 3rd of the month. However, accommodations are not just limited to that. Certain federal programs do not disburse funds until later in the month, and courts have held that the landlord has to amend the rent due date accordingly.

Many AZREIA members may not be aware of all the different times they may have to grant reasonable accommodations or reasonable modifications. This case is an important reminder that even if a landlord is unaware that they must grant the request, it is critically important that they realize it’s a fair housing issue, and research the matter and speak to an attorney familiar with this area of the law.

At the very least, it is important to remember that if a manager is considering denying a reasonable accommodation request, they MUST engage in the interactive process and see what, if any, reasonable alternatives are available to help the resident reasonably use and enjoy the rental property. However, if the facts in the Complaint are true, this is not a case where the interactive process would have changed things.