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NEW LAW STOPS COURT INTERFERENCE IN LANDLORD BUSINESSES (Posted by Mike Parham on 3/25/17)
The Arizona court bureaucracy has been attempting to regulate landlords in an indirect fashion for the last year by trying to impose mandatory notice and eviction forms on them. These forms include matters going beyond what the relevant statutes require. If successful the mandatory nature of the forms with these new requirements would be a round about way of the courts legislating from the bench.
In our system of government, legislation and the setting of public policy is the responsibility of the legislature and separation of powers principles require that the judicial branch stay out of it.
Our firm has taken the lead in opposing these efforts. But every time we have pointed out the defects in what the courts are trying to do, the bureaucracy changes the forms and continues to press the issue. The revised forms are every bit as bad as the former versions and the fight has seemed to become endless.
Out of a sense of frustration, a bill was proposed this legislative session to try and stop the courts. AMA and MHCA were the primary supporters of the bill. We helped draft it and Mark Zinman was the star witness testifying before legislative committees in favor of it. The bill, HB2237, would amend every landlord tenant and eviction law to specifically prohibit the courts from mandating the use of forms when other forms work equally well.
The bill sailed through both houses of the legislature on a bipartisan basis In the senate only two democrats and one republican did not vote for it. On March 21, 2017 the Governor signed it and it will go into effect around August 1.
It is tragic to see this attempted power grab by the court bureaucracy. We hope this will put a stop to these efforts. But frankly given the tenacity of the bureaucracy, it would not be surprising to see it try and get the new law struck down by those very same courts. If they try we will be there fighting them.