Arizona cities, towns and counties may not limit assisted living homes to fewer than 10 residents, or block homes with 10 or fewer residents from residential zones, and anyone may sue to enforce this.
Official title: assisted living homes; occupancy; zoning
- September 12, 2026
- Applies to assisted living homes licensed as of the effective date and those licensed afterward: Which assisted living homes are covered
What changes
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NowA city, town or county may not adopt, enforce or keep any rule capping the number of residents at an assisted living home below 10.
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NowA city, town or county may not restrict an assisted living home from operating on residentially zoned property because it has 10 or fewer residents, or because it is classified as assisted living use.
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NowA city, town or county may not require an assisted living home to get a variance, conditional use permit, reasonable accommodation or rezoning based only on how many residents live there.
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NowLocal zoning, building, fire, safety and health codes may still be enforced, as long as they do not set an occupancy limit stricter than what the home's license allows. Distance requirements under existing law are still allowed.
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NowAny person may sue in court to ask a judge to declare a violation or order it stopped. The court may award attorney fees and costs to a plaintiff who wins. The occupancy limit is declared a matter of statewide concern that overrides conflicting local rules.
Who it affects
- Operators of assisted living homes
- People living in or seeking to live in assisted living homes
- Neighbors of assisted living homes in residential areas
- Cities and towns
- Counties
What you need to do
Nothing.
What the law doesn't answer
- How the law defines an assisted living home (it points to another statute, section 36-401, without restating it)
- What the allowed distance requirements are
- Whether local governments may restrict homes with more than 10 residents beyond what the license allows
- What happens to existing local permits or rules that conflict with this law
- Whether any state agency enforces these limits apart from private lawsuits
- The county section's distance-requirement exception refers to a 'municipality' rather than a county, and the text does not explain this
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.