Arizona Department of Housing (Department) & Arizona Housing Finance Authority (Authority)
AGENCY CONTACT INFORMATION
Arizona Department of Housing (Department)
Arizona Housing Finance Authority (Authority)
Authority
The Arizona Department of Housing and the Arizona Housing Finance Authority were established by Laws 2001, Chapter 22.
Statutory authority for the Department is found at A.R.S. §§41-3951 through 41-3957. Statutory authority for programs related to manufactured housing is found at A.R.S. §§41-4001 through 41-4048. Statutory language relating to mobile home parks administrative hearings is found at A.R.S. §§ 41-4061 through 41-4065. Statutory authority for the Arizona Industrial Development Authority is found at §§35-701 et seq. Statutes related to the Arizona Mobile Home Parks Residential Landlord and Tenant Act are found at A.R.S. §§33-1401 et seq.
Function
The Arizona Department of Housing administers several programs and establishes policies and procedures to address housing issues of low- and moderate-income families, populations with special needs, housing affordability, and decaying housing stock. Among others, it administers the Low-Income Housing Tax Credit program, the Community Development Block Grant program, homeownership assistance programs, programs to provide housing to populations with special needs, and programs related to manufactured housing.
The Department provides technical assistance and oversight for local governments, public housing authorities, tribes, social service agencies, and certain qualified individuals. It is the designated state public housing agency defined by the US Housing Act of 1937 and as such, may accept federal housing assistance monies. It serves as a pass-through agency, administering federal funding programs designed to promote housing and community development activities.
Some of the federal stimulus monies directed to Arizona from the Housing and Economic Recovery Act of 2008 (HERA) and the American Recovery and Reinvestment Act of 2009 (ARRA) passed through the Department. The Department receives no state general funds. State Housing Trust Funds are used to provide required federal matching monies. (AZ Auditor General Report, Number 10-05)
The Arizona Housing Finance Authority was established to serve as a bonding authority and to support affordable housing programs. The Authority is governed by a seven-member board of directors, appointed by the Governor to terms of seven years. The Authority may accept and administer monies or property from federal agencies or others; enter into agreements, contract with, act as guarantor or coinsure with any federal, state, or local government agency in connection with its responsibilities related to housing; and inspect any housing facility financed through its resources.
If the Authority acquires title to any real property, it may hold the title temporarily and must immediately begin a process to dispose of the property for its market value. It may not accept title to real property by eminent domain (A.R.S. 41-3904).
History
In 1980, the Office of Economic Planning and Development (OEPAD) duties were expanded to provide certain housing services and to act as the state’s designated state public housing agency for purposes of accepting federal housing assistance funds. The law also authorized the Housing Finance Review board to allocate federal funds to political subdivisions and qualified participants through OEPAD, based on housing conditions and needs in the state (Laws 1980, Chapter 222).
OEPAD duties were transferred to the Arizona Department of Commerce, Office of Housing Development by Laws 1984, Chapter 318.
Legislation enacted in 2001 transferred the responsibilities of the Arizona Department of Commerce, Office of Housing Development to the Office of Housing Development in the Governor’s Office effective January 1, 2002. The responsibilities were subsequently transferred to the Department of Housing, effective October 1, 2002. See Laws 2001, Chapter 22. Note: for more information on the Arizona Department of Commerce, please refer to the state agency history for that agency.
Laws 2001, Chapter 22 also established the Arizona Housing Commission, consisting of 18 members appointed by the Governor to four-year terms. The law also established several funds, including the Housing Trust Fund, consisting of monies from unclaimed property, used for projects related to affordable housing and Housing Finance Authority programs; the Housing Development Fund, to provide funding for an affordable housing demonstration project in areas where state prison facilities exist; and the Arizona Department of Housing Program Fund used to cover administrative costs of Department programs or programs of the Arizona Housing Finance Authority. See A.R.S. §§41-3955 through 40-3957.
The same year, Laws 2001, Chapter 368 added three members to the Arizona Housing Commission and modified eligibility criteria to serve as a member.
Laws 2002, Chapter 283 transferred all powers and duties concerning bonds issued and any assets received by the former Arizona Housing Finance Review Board to the Arizona Housing Finance Authority.
Laws 2011 Chapter 28 established the Seriously Mentally Ill Housing Trust Fund, to be administered by the Director of the Arizona Department of Health Services. The law designated a portion of unclaimed property as a funding source and established reporting requirements.
Laws 2014, Chapter 229 repealed the Arizona Housing Commission.
In 2015, the responsibility to provide behavioral health services was transferred from the Arizona Department of Health Services to the Arizona Health Care Cost Containment System (AHCCCS). Administration of the Seriously Mentally Ill Housing Trust Fund was transferred to AHCCCS as well (Laws 2015, Chapter 195, effective July 1, 2016).
A second measure relating to housing was enacted in 2015, allowing the SMI Housing Trust Fund to be used to provide rental assistance to persons with a serious mental illness (Laws 2015, Chapter 312).
Laws 2016, Chapter 128 abolished the Department of Fire, Building and Life Safety and divided its duties among three existing state agencies (the Department of Housing, the State Forester, and the Department of Real Estate). The measure transferred the duties, responsibilities, and programs of the Office of Manufactured Housing to the Department of Housing, including administration of the Mobile Home Parks Residential Landlord and Tenant Act. Note: see history for the Office of Manufactured Housing, elsewhere in this collection.
A second measure that year repealed the Arizona Housing Finance Authority, effective January 1, 2017, and transferred funds and responsibilities to the newly created Arizona Industrial Development Authority, a division of the Arizona Commerce Authority. See Laws 2016, Chapter 372.
Laws 2017, Chapter 335 made additional changes to the authority of the Department of Housing in order to accommodate the transfer of responsibilities from the Office of Manufactured Housing prescribed by the Legislature in 2016. The measure specifically addressed Department of Housing authority relating to manufactured housing standards, safety, inspections, licensing, complaints, enforcement, civil penalties, and disciplinary action. In addition, the Department of Housing was authorized to administer the Consumer Recovery Fund and required to provide staff support for the Board of Manufactured Housing.
Laws 2019, Chapter 271 authorized the use of monies in the Housing Trust Fund to construct or renovate facilities and to provide housing assistance, including support services, for persons who are seriously mentally ill and chronically resistant to treatment. The Department’s annual report on the status of the Housing Trust Fund is required to include information on the number of seriously mentally ill individuals who receive housing assistance and support services.
Two measures were enacted in 2021 relating to the Department of Housing. Laws 2021, Chapter 399 requires the Department to contract with an Arizona nonprofit provider to provide emergency shelter beds for homeless seniors in western Maricopa County. The provider must meet specific criteria outlined in the measure.
A second measure, Laws 2021, Chapter 430 requires the Department to administer the Affordable Housing Tax Credit, established to increase the number of affordable housing projects in the state. The measure outlines application procedures, eligibility and qualifications for projects and requires the Department, in cooperation with the Department of Insurance and Financial Institutions and the Department of Revenue, to adopt rules, publish forms, prescribe procedures, and conduct public hearings. The Affordable Housing Tax Credit Review Committee is established to review the tax credit’s impact and benefit, the number of housing units generated as the result of the credit, and the average income of residents offered housing units. Reports of committee findings are due December 15, 2024, and every third year thereafter.
Two measures were enacted in 2022 relating to the Department of Housing. Laws 2022, Chapter 55 requires an applicant for licensure related to the production, installation, and sale of manufactured homes, mobile homes, and factor-built buildings to submit a valid fingerprint clearance card, rather than a fingerprint-based background analysis. A license cannot be issued by the Department before the applicant receives a valid fingerprint clearance card. The measure also modifies the amount of a civil or administrative penalty which can be imposed by the Director.
A second measure, Laws 2022, Chapter 382 establishes the new Military and Transitional Housing Fund in the Department to develop projects and programs for transitional housing. The Director is required to submit an annual report by September 1 to Legislative leadership, summarizing the facilities for which funding was provided, the cost and geographic location of each facility, and the number of individuals benefitting from the operation, purchase, or construction of the facility. A copy of the report is required to be provided to the Secretary of State.
Laws 2023, Chapter 16 requires, rather than allows, the Director to adopt administrative rules for the Mobile Home Relocation Fund and modifies compensation amounts for relocation and moving expenses.
Sources
- Arizona Revised Statutes §§41-3901 et seq., §§41-3951 et seq.; §§41-4001 et seq.; §§41-4061 et seq; §§35-701 et seq.; and §§33-1401 et seq.
- Arizona Administrative Code, Board of Manufactured Housing, §§R4-34-101 et seq.
- Session Laws
- Laws 1980, Chapter 222
- Laws 1984, Chapter 318
- Laws 2001, Chapter 22 and Chapter 368
- Laws 2002, Chapter 283
- Laws 2011, Chapter 28
- Laws 2014, Chapter 229
- Laws 2015, Chapter 195 and Chapter 312
- Laws 2016, Chapter 128
- Laws 2017, Chapter 335
- Laws 2019, Chapter 271
- Laws 2021, Chapter 399 and Chapter 430
- Laws 2022, Chapter 55 and Chapter 382
- Laws 2023, Chapter 16
Arizona Department of Housing website
Arizona Memory Project Arizona Department of Housing agency collection
Performance audit and sunset review, Arizona Department of Housing, 2010
Governor’s Office of Strategic Planning & Budgeting Master List of State Programs
Related collections at Arizona State Archives
- Record Group 36 – Arizona Office of Economic Planning and Development
- Record Group 187 – Department of Housing
