A sweeping proposal that would strip larger Arizona cities and towns of the right to set standards for single family home lot and building sizes and bar their ability to set design standards is back with minor changes after Gov. Katie Hobbs vetoed a similar bill last year.
Rep. Leo Biasiucci's effort to address Arizona's housing crisis by spurring construction of smaller and cheaper “starter homes” has only one tweak from last year’s version: the exclusion of areas around military airports that Hobbs pointed to as a major issue in her veto letter.
But Hobbs cited larger concerns as well, calling the proposal filled with “unexplored, unintended consequences that are of great concern” because they placed such major limits on municipalities’ power to regulate new housing.
The proposal from the Lake Havasu City Republican is one of many expected to be debated this legislative session as the state’s housing crisis continues unabated.
Four major housing bills were adopted last year, including ones allowing backyard casitas in many areas, the redevelopment of commercial buildings into apartments and a requirement for large cities to allow duplexes and triplexes in central parts of larger cities now zoned for single-family homes.
But those are just the start of what's needed, according to backers of a statewide housing overhaul. At a news conference two weeks ago, Democratic and Republican lawmakers gathered to announce they would band together to craft bills to address the problem.
“Affordable housing is not a right,” said Rep. Walt Blackman.
“However it's a responsibility as legislators that we provide our next generation with the opportunity to have the type of opportunity that we had, the opportunity that I had, to buy an affordable home,” said Blackman (R-Snowflake). “This is not a Republican or a Democrat or an Independent issue.”

Sen. Analise Ortiz (D-Phoenix) said the new housing caucus would have regular lunchtime meetings to discuss what kinds of new laws are needed with anyone who wants to attend – Hobbs included.
“Not one bill is ever going to be the magic bullet for this crisis,” she said. “It's going to be a lot of pieces of legislation working together, and that’s what our bipartisan housing caucus is going to be focused on.”
The state's shortage of housing can be tied to the mortgage and foreclosure crisis that began in 2007 and that saw metro Phoenix with the highest rate of foreclosures in the nation. That led builders to cut the number of homes they were building for many years even as Arizona's population continued to increase.
The rise of the short-term rental industry has also been a major factor, with homes that were formally rented out on long-term leases being converted to short-term rentals marketed on Airbnb and Vrbo websites. And soaring home prices in the past five have kept pressure on regular rentals, with those prices soaring as well.
But in an interview with Capitol Media Services, Biasiucci said that he's also convinced Arizona’s housing crisis needs a rules reset to prompt the development of smaller, cheaper homes that are affordable. And that means requiring cities and towns to approve new developments that are vastly different from the standard tract homes developed over decades across the state.
His “starter homes” proposal sets minimum lot sizes at just 1,500 feet for any development covering 5 acres or more – the actual size of an average home in the 1960s – and bars cities from requiring that homes be set further than 10 feet from the front and 5 feet from the sides of the home. Cities could not require tile roofs or block walls or any other design element like paint colors.
“I think if you remove those kind of silly requirements that belong maybe in an HOA, not in a city, that's going to keep the cost down,” Biasiucci said. “Because when you're requiring a tile roof or you're requiring a brick wall, or you're requiring certain paints, or you're requiring an enclosed garage, I think this is the city overstepping their authority.”
He said property owners should be making those decisions, not cities and towns. But he expects opposition from the League of Arizona Cities and Towns again this year.
It was the League, which represents Arizona's 91 municipalities, that led the charge against the major overhaul of zoning regulations last year.
As a compromise, the measure applied only to those with populations over 70,000, cutting out all but the 19 largest cities. Even at that, it barely passed the Senate last year and had only two votes to spare in the House, although both votes were bipartisan.
Hobbs' veto killed the plan.
League Executive Director Tom Belshe called last year’s proposal one that “effectively gets rid of single-family zoning and deregulates the standards for development.” And he said the limits on set-back requirements would lead to neighbors “high-fiving from one window to the next between houses.”
The starter home bill is just one of many that have been filed this year as Democrats and Republicans vow to enact legislation designed to address the state’s shortage.
Those already filed include a measure that would allow churches to develop parts of their properties into apartments if some are reserved for low-income tenants.
A similar measure was introduced by a Democratic lawmaker passed the House last year but never made it out of the Senate. This year, it’s sponsored by Republican Rep. David Livingston (R-Peoria), who chairs the appropriations committee.

Two measures by Rep. John Gillette (R-Kingman) take aim at the housing problem from a different perspective.
One would require cities to accept any building material in a home if it is allowed in other construction. The other is squarely aimed at vacation rentals by reclassifying many of them for tax purposes as commercial properties.
Biasiucci said that measure would make it “a whole new ballgame” for big investors who now buy up homes to turn them into vacation rentals.
“You would hope that when you reclassify them from a residential property to an actual commercial business, that's going to stop some of this stuff,” he said.
And Sen. Catherine Miranda, D-Phoenix, has a measure designed to address the homeless crisis by requiring every city with over 75,000 residents to have enough shelter space for a quarter of the people living on their streets and establish a judicial diversion program for homeless people. A new state grant program would help offset the cost, although the dollar amount is not specified.
Despite being in the minority party, Miranda said she believes her proposal can get enough support to pass.
“The last two years, I've been working on homelessness,” she said. “This effort here is homeless prevention, which will stop the madness that I'm seeing working with the current homelessness on the street.”
Biasiucci said he'd give it a look. And even if he can’t support her proposal, other Republicans might.
“The whole point is, let’s start somewhere. Let’s get the conversation rolling,” he said.
The alternative, Biasiucci said, is to do nothing. And that, he said, is unacceptable.
“We can’t get to a situation that’s happening now in Sedona,” he said. “Sedona’s solution was we're going to let you sleep in your car at the park as a place to live for the workers. That is absolutely insane.”
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