Property owners eye Proposition 312 for relief

Arizona voters this election season will vote on Proposition 312, a measure to provide property owners the opportunity to claim a property tax refund for costs associated with nuisances such as homelessness, vandalism, property crime, and drug use. To qualify for the refund, property owners must provide documentation of the expenses they incurred as a direct consequence of local governments’ failure to enforce existing laws.

When a municipality neglects existing laws regarding polluting, illegal camping, loitering, and other nuisances, Proposition 312 allows: 

  • Property owners to request a refund equal to their property tax liability for any expenses incurred, addressing the impact of the government’s failure to resolve the homeless crisis.
  • Mandates the Department of Revenue to reduce the municipality’s state-shared revenue by the amount claimed by the taxpayer.
  • Additionally, property owners are allowed to carry forward any refund amount that exceeds their tax liability for the year, for up to 10 years.

“Proposition 312 is about accountability. Hardworking Arizonans expect a return on what they pay in taxes, like safe streets. They also deserve a refund when the government doesn’t meet its obligations,” wrote Danny Seiden, president & CEO of the Arizona Chamber of Commerce and Industry in the election publicity pamphlet published by the Secretary of State’s Office. “We can no longer turn a blind eye to the homeless encampments that flourish in part of our state. Too often, property owners have been left to fend for themselves, installing fences, hiring security, and cleaning up garbage and even human waste. Something must be done.”

Lost value, increased vacancy

According to a recent report from the Common Sense Institute, commercial properties in Phoenix affected by these unmitigated nuisances have seen their market rent appreciation rate decline significantly. Between 2019 and 2023, rent appreciation in these areas has slowed to just 15.7%, compared to the citywide rate of 30.2%. This gap in appreciation has potentially resulted in a loss of up to $2.1 billion in property value in regions where public nuisances are most prevalent.

Furthermore, areas affected by homelessness and public nuisances have also witnessed a 3.2% increase in vacancy rates, putting further strain on the local economy. This rise in vacancies adds to the financial challenges faced by both property owners and the surrounding community, highlighting the broader economic consequences of unaddressed public nuisances.

“Proposition 312 offers financial relief for property owners who bear the brunt of public nuisances or inadequate enforcement of laws by local authorities,” Arizona Chamber Vice President of Government Affairs Courtney Coolidge said earlier this year. “By creating financial consequences for cities, we’re hopeful that Proposition 312 will hold local governments accountable for maintaining public order and move them to act.” 

Mail-in ballots will be sent to voters beginning on October 9. Voters voting in person will go to the polls on November 5.

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