questions & answers

Question: I am a senior and live in 202 HUD housing. Management just put notices up on my apartment building: "No Mask No Entry." Is my apartment building considered a Public Place/Setting according to the new Tucson/Pima County Ordinances regarding Face Coverings? If so, and I refuse to wear one technically I could be restricted access to my apartment.

Answer: Yes, an apartment complex may impose mask requirements in common areas. The Pima County Health Department requires the wearing of masks outside in public areas under Resolution 2020-49 and is given the authority to impose this policy under ARS § 11-251(17), ARS § 36-183.02, and ARS § 36.624. A public area is defined as, “means any place, indoor or outdoor, that is open to the public and includes, but is not limited to, businesses or other establishments where people assemble or members of the general public may enter; offices; public buildings, highways, and parks; and public transportation, including taxicabs and ride sharing.” The U.S. Department of Housing and Urban Development (HUD) issued updated guidance to Public Housing Authorities on May 29, 2020 stating: “PHA (Public Housing Authorities) have the authority to restrict visitors from public housing properties, and to require that certain persons in common areas or the office wear cloth face coverings or their own masks.”