Arizona Senate Passes Housing Bill That Would Limit Local Design Standards

Arizona Senate Passes Housing Bill That Would Limit Local Design Standards

PHOENIX — The Arizona Senate passed Senate Bill 1431 this week, a controversial measure that would limit cities and towns from requiring certain design features on single-family homes andAccessory dwelling units.

The bipartisan bill, sponsored by Sen. Shawnna Bolick, R-Phoenix, aims to lower housing costs by blocking municipalities from mandating amenities like garages, patios, fencing, and specific exterior designs.

The Senate voted 17-12 along party lines, with one member not voting, to advance the measure to the House.

What the Bill Would Do

SB 1431 prohibits municipalities from requiring shared features or amenities that would necessitate a homeowners association or condominium association to maintain them, except as required by federal law.

The bill also prevents cities from mandating perimeter enclosures like gates, walls, or fences.

Under the new restrictions, cities could not adopt design requirements for:

• Colors or color palettes
• Roof form or pitch
• Window placement or configuration
• Garage or vehicle enclosure specifications
• Patio, deck, or porch requirements
• Driveway paving or surfacing
• Decorative lighting fixtures

The bill still allows municipalities to enforce fire codes, building codes, minimum parking standards, dark sky ordinances, and public health and safety regulations.

Exemptions apply to homes in historic districts, tribal land, and properties near military bases designated as high noise or accident zones.

The Housing Price Debate

Proponents argue the bill will make housing more affordable by reducing mandatory costs for builders.

Sen. Bolick told reporters her adult children struggle to afford homes because cities require amenities first-time buyers do not want.

"I can tell you, having 20 year olds and meeting with their friends over the weekend, they are all struggling," Bolick said. "Because when they go and look at different communities, there are a lot of things in those developments on even a smaller house that they don't want."

A December survey by the National Association of Realtors showed the average age of a first-time home buyer has reached an all-time high of 40. The same report found first-time buyers dropped to a record low of 21 percent, representing a 50 percent decline since 2007.

Critics argue the bill does not require builders to pass savings to buyers, meaning large national builders could pocket the cost reductions from simpler homes.

Nick Ponder, a lobbyist for several cities and the League of Arizona Cities and Towns, told a Senate committee earlier this year that land values drive housing costs, not design requirements.

"It is the land value that is driving costs," Ponder said. "Maricopa is more affordable, but it is more affordable because it is a little farther away."

Bipartisan Support and Opposition

Sen. Lauren Kuby, D-Tempe, opposed the measure, arguing neighborhoods require more than just collections of houses.

"And that work that I did with the university reinforced a core truth, that neighborhoods are not just collections of houses," Kuby said. "They must include the social determinants of health, be it parks, walkable streets, green space, gathering places and safe, connected communities, all with the goal of creating healthy communities."

Sen. Analise Ortiz, D-Phoenix, strongly supported the bill, calling it a common-sense measure that makes home ownership more affordable.

"You know, we consistently talk about the need to pass measures that will make home ownership more affordable and make Arizona more affordable," Ortiz said. "This bill will do that."

The bill passed the House on a voice vote without amendments after Sen. Bolick promised potential changes to address concerns.

Next Steps

A formal House vote is needed before the measure goes to Gov. Katie Hobbs for her signature.

The bill removes provisions from last year that would have allowed cities to approve lot sizes as small as 3,000 square feet and setbacks of just 10 feet from the street.

Cities remain united in opposition, with dozens of municipal representatives signing letters against the proposal.

The bill applies statewide rather than only to cities with populations over 70,000 people, as was the case in the previous version.

What Supporters Say

Sen. Bolick told The Center Square that Arizonans should be able to build their dream houses without worrying about municipal bureaucrats dictating design standards.

"The state should step in knowing we have been living through a housing crisis and the cities have been trampling all over our private property rights," Bolick said.

What Critics Say

At a Senate committee hearing earlier this year, Ponder argued the measure presents a false choice.

"Many proponents present it as a proposal letting homebuyers decide about amenities, while those decisions are actually made by developers long before buyers enter the picture," Ponder said.

Sen. Brian Fernandez, D-Yuma, expressed doubt that home prices would fall if the bill passed.

"Making housing affordable should be our goal, I just don't know if this does it because I think that the prices will just rise with the markets," Fernandez said. "This is all supply and demand."

The bill's journey continues as it seeks a formal House vote before reaching Governor Hobbs desk.