Arizona Mobile Home Parks: Pass-Through Utility Charges Explained

If you live in a mobile home or manufactured housing community in Arizona, you may have questions about what your park can—and can’t—charge you for utilities. Utility charges often cause confusion, especially when parks bill residents separately for water, gas, or electricity (sometimes known as “pass-through” or “submetered” utilities). This article breaks down how pass-through utilities are handled in Arizona, what park owners are allowed to do, and what rights renters have to fair and transparent billing.

What Are Pass-Through Utilities in Mobile Home Parks?

"Pass-through utilities" refer to utility services that the park owner receives (e.g., water, sewer, gas, or electricity) and then bills separately to residents based on actual usage or a proportionate share. This is common in mobile home parks where individual units may not have direct utility accounts with service providers.

Can Mobile Home Parks Charge Pass-Through Utilities in Arizona?

Yes, mobile home park operators in Arizona can charge residents for pass-through utilities. However, this is regulated by the Arizona Revised Statutes Title 33, Chapter 11 - The Arizona Mobile Home Parks Residential Landlord and Tenant Act.^[1] The law sets out requirements for how these charges must be calculated, disclosed, and billed.

Key Rules and Protections

• Transparency: Park owners must clearly outline all utility charges in the written rental agreement before you sign.
• Fair Billing: Submetered charges must reflect the resident’s actual use. For master-metered utilities, costs should be allocated using a reasonable method (e.g., dividing total utility costs among homes).
• No Profit: Arizona law prohibits park owners from making a profit on pass-through utility charges; they can only recover the actual cost they pay the provider.
• Billing Statements: Parks must provide itemized statements for each billing period showing how the charges were calculated.

If you think you are being overcharged or not receiving an accurate breakdown, you have the right to request a copy of the actual utility bills and how your share is calculated.

Notice Requirements and Forms

Before changing how utilities are billed or increasing charges beyond allowed limits, park owners must give written notice. In Arizona, this usually means at least 90 days in advance for any material change in the rental agreement, including how utilities are billed. If your landlord attempts to raise utility fees improperly, you can respond using official forms and seek help from the Arizona Office of Administrative Hearings.

Relevant Official Forms for Arizona Renters

• Arizona Tenant Complaint Form (for Mobile Home Parks)
  When to use: If you believe the park is improperly charging or increasing pass-through utilities, use this form to file a complaint with the Arizona Department of Housing Manufactured Housing Division.
  Download the Arizona Mobile Home Complaint Form
• Notice of Material Noncompliance with Rental Agreement
  When to use: If the landlord is changing billing practices or not itemizing charges as required, you can notify them in writing of their noncompliance. While there isn't a state-mandated form, you may send written notice that includes your complaint, date, and requested remedy.

What If You Suspect Utility Overcharges?

• Request an itemized statement and supporting utility bills from your park manager.
• If the issue is not resolved, file a complaint with the Arizona Department of Housing Manufactured Housing Division or contact the Arizona Office of Administrative Hearings, which adjudicates mobile home rental disputes.
• Consider seeking mediation or legal aid if disputes persist.

Relevant Legislation and Oversight Bodies

• Arizona Mobile Home Parks Residential Landlord and Tenant Act, Section 33-1409 outlines the park’s responsibilities for utility charges.
• The Arizona Office of Administrative Hearings (OAH) handles disputes between residents and park owners.

Always review your rental agreement and compare it to state law for clarity on your utility responsibilities.

Frequently Asked Questions (FAQ)

1. Can my landlord make a profit on pass-through utility charges?
   No. Arizona law prohibits landlords from charging more than the actual cost they pay for utilities. They cannot profit from these charges.^[1]
2. What should I do if I think I’m being overcharged for utilities?
   First, ask your park manager for a detailed, written breakdown of your charges. If the issue is not resolved, you can file a complaint with the Arizona Manufactured Housing Division using the official form linked above.
3. What notice must I receive before utility charges change?
   Your landlord must provide at least 90 days’ written notice for any material change—including how utilities are billed—per Arizona law.^[1]
4. Which agency should I contact for help with a utility dispute?
   You can contact the Arizona Manufactured Housing & Building Division or apply to the Arizona Office of Administrative Hearings for dispute resolution.
5. Are there protections against sudden large increases in utility charges?
   Yes. Changes to utility billing must be both reasonable and properly noticed, and the landlord must follow the Arizona Mobile Home Parks Act.

Key Takeaways for Arizona Mobile Home Residents

• Pass-through utility charges are allowed, but must be transparent and at cost
• You have the right to request and review itemized bills
• Official complaint processes are available if you believe you're being overcharged

Always review your rental agreement and Arizona’s Mobile Home Parks Residential Landlord and Tenant Act if you have questions or concerns about utility billing.

Need Help? Resources for Renters

• Arizona Department of Housing Manufactured Housing Division – For enforcement and complaint filing, as well as questions about your rights as a mobile home renter.
• Arizona Office of Administrative Hearings (OAH) – For formal resolution of disputes regarding utility charges or rental agreements.
• AZLawHelp.org – Free or low-cost legal assistance for renters in Arizona.
• Arizona Attorney General - Landlord & Tenant Information – General guides and state legal information for tenants.
• Read the full Arizona Mobile Home Parks Residential Landlord and Tenant Act

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1. Arizona Revised Statutes Title 33, Chapter 11 - Mobile Home Parks Residential Landlord and Tenant Act

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