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Governor Signs Legislation to Eliminate
Right of Cities to Set Local Rental Tax

By August 3, 2023No Comments

By Howard Fischer | Daily Independent

Arizona renters are going to get some small relief in their bills.

But not just yet.

Gov. Katie Hobbs on Tuesday signed legislation to eliminate the right of cities and towns to impose a local sales tax on residential rentals. While not all communities have such a levy — Tucson for example, does not — 75 of the 91 cities in the state do at rates ranging from 1% to 4%.

And they take in an estimated $230 million.

The move is an about-face for Hobbs, who in February vetoed a nearly identical measure.

At that time the governor said that lowering costs for families was “a priority of my administration.” But she said there is no “enforceable mechanism” to ensure that landlords, who actually remit the tax to cities and towns, actually would pass along the savings to their tenants.

And Senate Majority Leader Mitzi Epstein, D-Tempe, said there was a more practical problem. She said even if landlords no longer charge the tax, they will simply raise their rates knowing that’s what tenants are willing to pay.

Now Hobbs has had a change of heart.

“Gov. Hobbs was proud to sign a bill that lowered taxes for Arizonans while securing key changes to the legislation,” said press aide Christian Slater.

The measure still has the same language as the version she vetoed about landlords being required to pass along the tax savings to tenants. But it also includes a provision that says if there’s a civil suit — presumably filed by an unhappy tenant — the burden is on the landlord to show that none of the rent being charged is attributable to the levy once it disappears.

But there’s something else.

Tenants won’t see any immediate relief. The new version does not take effect until 2025.

That is designed to give affected cities time to figure out how to deal with the lost revenues. What it also does, said Slater, is provide a chance to see if the language of the measure can be tweaked to see if there is a more secure way to ensure that there really are savings passed on to tenants.

But Tom Savage, lobbyist for the League of Arizona Cities and Towns, said the revised version is no more acceptable. He said many communities rely on those revenues.

And he also was upset that the governor’s decision to sign the revised measure got linked to the whole debate over Proposition 400 and extension of the Maricopa County half-cent sales tax for transportation projects. While Slater would not comment, Republican leaders confirmed that there was an understanding that if they approved allowing the tax extension to go to a public vote — and in a form acceptable to the governor — she would sign the measure they wanted repealing the rental tax.

Savage said while Proposition 400 benefits many cities in Maricopa County, the linking was improper.

“There are communities outside of Maricopa County that are going to be directly affected by the decision” to strip them of their ability to levy a local rental tax, he said.

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