Pima County Rescinds Eviction Ban Lawmakers Called 'Illegal'

TUCSON, AZ — The Pima County Board of Supervisors has ended an eviction moratorium that two state lawmakers said was illegal.

The eviction ban, which was expanded by the board in early February, was rescinded in a 3-2 vote Tuesday’s board meeting.

Republican Sen. Vince Leach and Rep. Bret Roberts accused the moratorium of violating the state law and constitution because it blocks evictions that aren’t covered under a federal eviction moratorium. A 2016 state law lets any lawmaker trigger an investigation if they believe a county, city or town is violating a state law.

"A prerogative to dictate the permissible parameters of eviction proceedings or nullify the terms of private lease agreements is nowhere found in the functions assigned to county governments," the two lawmakers said in their official complaint. "In essence, the moratorium converts private property into public housing, with lessors shouldering the substantial costs of sheltering defaulted tenants,."

The two lawmakers had asked Arizona Attorney General Mark Brnovich to review the ban. Tuesday's vote means the county will avoid a potential loss of tax revenue if Brnovich had agreed with Leach and Roberts.

The county ban was an emergency public health regulation and was broader than the U.S. Centers for Disease Control moratorium, which only applies to evictions due to non-payment of rent. The federal ban is set to expire on March 31.

Pima County Board Supervisor Matt Heinz said at the board's Feb. 2 meeting that some landlords were getting around a federal eviction moratorium by using loopholes to evict tenants who should be covered by a federal coronavirus eviction moratorium.

On Tuesday, he stated that supervisors have to “regulate or legislate human decency.”

Heinz, a physician, said allowing evictions to continue during a pandemic could be dangerous.

“Forcing more people into close proximity during a viral pandemic is extremely, extremely bad health policy,” said Heinz, a physician. “And it is totally inappropriate for us to rescind it right now because we will be endangering dozens of people in the meantime.”

The board will consider the moratorium again at its March 2 meeting after giving the public more time to comment.

The Associated Press contributed to this reporting.