Vacate

26F-LTA2626008-ADH · Arizona State Department of Housing - LTA · 2026-05-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Kristina Sellers, et al.,

Petitioner,

Montesa MHP, et al.,

Respondent.

No. 26F-LTA2626008-ADH

ORDER GRANTING

MOTION TO DISMISS

AND

ORDER VACATING

HEARING

The Tribunal is in receipt of Respondent Montesa MHP’s May 11, 2026 Motion to Dismiss submitted by counsel. Petitioner Kristina Sellers has not filed a response thereto.

Respondent argues in its Motion to Dismiss that Petitioner’s petition should be dismissed for the following reasons:

(1) every allegation in the Petition is time-barred under the one-year statute of limitations applicable to liabilities created by statute;

(2) the Mobile Home Parks Administrative Law Judge lacks subject-matter jurisdiction over the claims arising under Title 41, Chapter 37;

(3) the relief Petitioner seeks is not within the authority of the Administrative Law Judge to grant; and

(4) the Petition fails to state a claim upon which relief can be granted under any provision of the Arizona Mobile Home Parks Residential Landlord and Tenant Act.

A.R.S. § 12-541(5) provides that an action “upon a liability created by statute, other than a penalty or forfeiture,” must be “commenced and prosecuted within one year after the cause of action accrues, and not afterward.” Petitioner alleges violations by Respondent of A.R.S. § 33-1434 — a provision of the Arizona Mobile Home Parks Residential Landlord and Tenant Act (the “Act”) creating a statutory duty on the landlord to maintain fit premises, as well as violations of A.R.S. §§ 41-4001 and 41-4004, which are also statutory duties created by Title 41. The alleged violations are subject to the one-year limitations period set forth in § 12-541(5). In this case, according to the Petition filed by Petitioner, the most recent allegation in the Petition is dated November 2024, and the earliest allegations occurred in June 2019. According to the Notice of Hearing, on or about April 10, 2026, Petitioner filed the Petition. Consequently, the Petition is barred in its entirety by A.R.S. § 12-541(5).

Moreover, Petitioner’s allegations that Respondent violated A.R.S. §§ 41-4001 and 41-4004, are not part of the Act and therefore, the Tribunal does not have jurisdiction to adjudicate such.

Therefore, upon review and consideration, and for good cause shown,

IT IS ORDERED GRANTING Respondent’s Motion to Dismiss.

IT IS FURTHER ORDERED vacating the hearing in this matter.

NOTICE

Pursuant to A.R.S. § 41-4063(B), this Order is binding on the parties unless a rehearing is granted pursuant to A.R.S. § 41-4065. Pursuant to A.R.S. § 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, May 22, 2026.

/s/ Sondra J. Vanella

Administrative Law Judge

Transmitted by e-mail to:

Ruby Dhillon-Williams, Director

Arizona Department of Housing

[email redacted]

Kristina Sellers

[email redacted]

Scott A. Baluha

Zona Law Group P.C.

[email redacted]

By: OAH Staff