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23F-LTA2223005-ADH · Arizona State Department of Housing - LTA · 2023-12-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Ed Nash, No. 23F-LTA2223005-ADH Petitioner, vs ORDER VACATING Arizona Acres/dba Desert Valley Oasis HEARING MHP, Respondent.

Pending before the Office of Administrative Hearings is Respondent’s Motion to

Dismiss made at the time of the hearing in this matter. Respondent argued that, pursuant

to ARIZ. REV. STAT. § 41-4064(A), the Administrative Law Judge may not hear matters

“pertaining to rental increases pursuant to section 33-1413, subsection G or I.”

ARIZ. REV. STAT. § 33-1413(G) provides as follows:

G. Notwithstanding any provision of this article to the contrary, upon the expiration or renewal of any rental agreement, the landlord may increase or decrease the total rent or change payment arrangements. The landlord shall notify the tenant in writing by first class or certified mail or by personal delivery at least ninety days prior to the expiration or renewal of any rental agreement of any such increase or change. Nothing in this subsection requires a landlord to provide cause for any change in rent if the landlord complies with notice requirements. ARIZ. REV. STAT. § 33-1413(I) provides as follows:

I. In addition to any other rental provisions, the landlord is entitled to a rental increase effective at the expiration or renewal of any rental agreement or effective immediately if so provided in a written rental agreement to compensate the landlord for actual costs of insurance, taxes and rate increases for utilities, which shall be substantiated by the landlord in writing to the tenant. Petitioner argued that he had a 15-year lease with a locked in rental rate, but a review of the lease established that Petitioner entered into the one-year lease on April 15, 2014, that became a month-to-month tenancy in April 2015. Accordingly, the rental increases at issue in this matter were imposed at the expiration or renewal of the rental agreement. Because the rental increases were in accordance with ARIZ. REV. STAT. § 33- 1413(G) or (I), the Administrative Law Judge has no jurisdiction to hear the dispute. While

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 Petitioner may have recourse in other venues, the Office of Administrative Hearings does not have jurisdiction in this matter. Accordingly, IT IS HEREBY ORDERED that the hearing in this matter is vacated from the calendar of the Office of Administrative Hearings. IT IS FURTHER ORDERED remanding this matter to the Department of Housing for further action. NOTICE Pursuant to ARIZ. REV. STAT. § 41-4063(B), this Order is binding on the parties unless a rehearing is granted pursuant to ARIZ. REV. STAT. § 41- 4065. Pursuant to ARIZ. REV. STAT. § 41-1092.09, a request for rehearing in this matter must be filed with the Director of the Department of Housing within 30 days of the service of this Order upon the parties.

Done this day, December 11, 2023. /s/ Tammy L. Eigenheer Administrative Law Judge Copy mailed/e-mailed/faxed to: Joan Serviss, Director Arizona Department of Housing 1110 W. Washington, Suite 280 Phoenix, AZ 85007

Scott A. Baluha Zona Law Group P.C. [email redacted] Ed Nash [email redacted] By

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826