Cities, towns and counties may not maliciously delay single-family home applications or adopted licensing time frames, and the attorney general, acting on a property owner's written complaint, may enforce this with a $5,000 civil penalty per violation proven by clear and convincing evidence.
Official title: malicious delay; enforcement; penalty
- September 12, 2026
What changes
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NowCities, towns and counties may not maliciously delay adopted licensing time frames, or a response to an application, for single-family residential construction. Applications include site plans, development plans, land divisions, lot line adjustments, lot ties, plats, plat amendments and building permits.
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Now"Malicious" means acting with specific intent to block approval of an application by imposing requirements not specifically authorized by code, ordinance, standard or other legal requirements, by repeated unexplained delays of more than twice the adopted licensing time frame, or by delays resulting from the same applicant's other pending applications. It does not include delays from resource constraints, delays caused by the applicant or a third party, good faith errors, or enforcing adopted technical codes such as fire, building, traffic and utility codes.
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NowThe attorney general may enforce the ban based on a written complaint from a property owner with an application before the city, town or county. After an attorney general investigation and findings, a local government found in violation by clear and convincing evidence is subject to a $5,000 civil penalty per violation, no matter how long the delay lasted.
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NowA city, town or county that the attorney general finds in violation may go to court to challenge that finding. The law does not change a building code official's authority to withhold a certificate of occupancy under local codes.
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NowA malicious delay claim filed in superior court for a single-family residential application gets fast-tracked: the court must set a case management conference within 10 calendar days after the complaint is served and rule on key motions and set trial as soon as practicable. Appeals and special action requests also get expedited handling, with good-cause exceptions.
Who it affects
- Property owners with single-family residential construction applications before a city, town or county
- Cities, towns and counties that review building and land-use applications
- Building code officials
- Arizona attorney general
- Superior court, court of appeals and supreme court
What you need to do
Nothing. A property owner who believes a city, town or county is maliciously delaying a single-family residential application may file a written complaint with the attorney general.
What the law doesn't answer
- Who receives the $5,000 civil penalty money
- How the attorney general's investigation works or how long it takes
- What counts as a single separate violation
- Who may be the plaintiff in a superior court malicious delay claim, and whether property owners can sue directly
- Whether the law applies to applications already pending when it takes effect
- What happens to the application itself after a violation is found
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.