AB 133 — Revises provisions governing landlords and tenants. (BDR 10-339)

(ReprintedAssembly withBill amendmentsNo. adopted on April 20, 2017) FIRST REPRINT A.B.

133133–Assemblyman AElliot SSEMBLYAnderson BCHAPTER.......... ILLN O.

133–A SSEMBLYMAN ELLIOT A NDERSON PREFILED F EBRUARY 10, 2017 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing landlords and tenants.

(BDR 10-339) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Sections 1 and 2 of this bill prohibit a landlord from taking adverse action against a tenant of a dwelling or manufactured home, including, without limitation, evicting or taking certain other punitive action based solely upon a tenant or other person in the rental property of the tenant requesting emergency assistance from a provider of emergency services based on a reasonable belief that an emergency response is necessary or that criminal activity has occurred.

Sections 1 and 2 also prohibit a local government or political subdivision of this State from taking adverse action against a landlord based solely on the request of a tenant or other person for emergency assistance.

Sections 1 and 2 also specify that the provisions of this bill do not prohibit a landlord or a local government or political subdivision of this State from curing a breach of a rental agreement or abating a nuisance or a violation of a local law, ordinance or regulation which is discovered by or reported to thetExisting landlordlaw byprovides athat peaceany officerprovision as a result of a requestrental agreement for emergencya assistance.dwelling or.

(NRS 118A.200, 118B.050) - *AB133_R1* – 2 – Existing law provides that a nuisance includes conditions on a property that interferewithout withlimitation, thehealth freehazards use or comfortablethe enjoymentuse of a property for the property,commission including,of certain crimes.

(NRS 40.140, 202.450) Sections 4-6 of this bill provide that a of request for emergency assistance by a tenant or other person in the rental property of the tenant as described above does not constitute a nuisance for purposes of civil or criminal law.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

A landlord shall not take any adverse action against a tenant, including, without limitation, evicting, imposing a fine or taking any other punitive action against the tenant, based solely - 79th Session (2017) – 2 – upon the tenant or another person in the dwelling of the tenant requesting emergency assistance if the tenant or other person had a reasonable belief that an emergency response was necessary or that criminal activity may have occurred, regardless of any other previousperson.s requests for emergency assistance by the tenant or other person.2.

2.

(c) Prohibit a landlord from taking any action necessary to cure a breach of any provision of a rental agreement or any other provision of law by a tenant which is discovered by or reported to - *AB133_R1* – 3 – the landlord by a peace officer as a result of a request for emergency assistance pursuant to subsection 1;

ororrequest for (d) Prohibit a local government or other political subdivision of this State from taking any action against a landlord or a tenant to abate a nuisance or a violation of any local law, ordinance or regulation which is discovered by a peace officer while responding to a request for emergency assistance pursuant to subsection 1.

- 79th Session (2017) – 3 – (d) Any other legal or equitable relief that the court deems appropriate.

(a) “Emergency assistance” means assistance provided by an agency of the State of Nevada or a political subdivision of this State that provides police, fire-fighting, rescue, emergency medical services or any other services related to public safety.

Any local charter, code, ordinance, regulation or other law thattha4.conThis conflictssection withdoes thisnot:on section is void and unenforceable.

4.(a) Prohibit a landlord from taking any action necessary to abate a nuisance on the property pursuant to NRS 40.140 or 202.450 or taking any other action which is not in conflict with the provisions of this section, including, without limitation, commencing eviction proceedings in accordance with the provisions of chapter 40 of NRS for any nuisance discovered by or reported to the landlord by a peace officer as a result of a request for emergency assistance pursuant to subsection 1;

This section does not:

- *AB133_R1* – 4 – (a) Prohibit a landlord from taking any action necessary to abate a nuisance on the property pursuant to NRS 40.140 or 202.450 or taking any other action which is not in conflict with the provisions of this section, including, without limitation, commencing eviction proceedings in accordance with the provisions of chapter 40 of NRS for any nuisance discovered by or reported to the landlord by a peace officer as a result of a request for emergency assistance pursuant to subsection 1;

(c) Prohibit a landlord from taking any action necessary to cure a breach of any provision of a rental agreement or any other - 79th Session (2017) – 4 – provision of law by a tenant which is discovered by or reported to the landlord by a peace officer as a result of a request for emergency assistance pursuant to subsection 1;

or (d) Prohibit a local government or other political subdivision of this State from taking any action against a landlord or a tenant to abate a nuisance or a violation of any local law, ordinance orornt regulation which is discovered by a peace officer while responding to a request for emergency assistance pursuant to subsection 1.

The landlord shall not terminate a tenancy, refuse to renew a tenancy, increase rent or decrease services the landlord normally supplies, or bring or threaten to bring an action for possession of a manufactured home lot as retaliation upon thetheon tenant because:

- *AB133_R1* – 5 – (a) The tenant has complained in good faith about a violation of a building, safety or health code or regulation pertaining to a manufactured home park to the governmental agency responsible for enforcing the code or regulation.

- 79th Session (2017) – 5 – (2) NRS 118B.153 when a service, utility or amenity is decreased or eliminated by the landlord.

(f) In a judicial proceeding or arbitration between the landlord and the tenant, an issue has been determined adversely to thethendlord landlord.

(1) Which has not been deemed safe for habitation by the board of health;

or not been deemed safe for habitation by the (2) From which all materials or substances involving the controlled substance, immediate precursor or controlled substance analog have not been removed or remediated by an entity certified - *AB133_R1* – 6 – or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog;

The action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance, and by the - 79th Session (2017) – 6 – judgment the nuisance may be enjoined or abated, as well as damages recovered.

(a) That an agricultural activity conducted on farmland, consistent with good agricultural practice and established before surrounding nonagricultural activities is reasonable.

(a) “Board of health” has the meaning ascribed to it in NRS 439.4797.

of health” has the meaning ascribed to it in (b) “Controlled substance analog” has the meaning ascribed to it in NRS 453.043.

- *AB133_R1* – 7 – (d) “Immediate precursor” has the meaning ascribed to it in NRS 453.086.