AB 247 — Provides for the early termination of certain rental agreements by victims of harassment, sexual assault or stalking. (BDR 10-655)

(ReprintedAssembly withBill amendmentsNo. adopted on April 12, 2017) FIRST REPRINT A.B.

247247–Assemblymen AYeager, SSEMBLYOhrenschall, BWatkins, ILLNCarrillo, O.Monroe-Moreno;

247–ASSEMBLYMENAraujo, YEAGERBilbray- ,Axelrod, OHRENSCHALLBrooks, ,Daly, WFrierson, ATKINSFumo, ,Jauregui, CJoiner, ARRILLOMcCurdy ,II, MMiller, ONROENeal, -MSprinkle, ORENOThompson ;and Tolles CHAPTER..........

A RAUJO , BILBRAY -A XELROD , B ROOKS , D ALY , FRIERSON , FUMO , JAUREGUI , JOINER , M CC URDY II, M ILLER, N EAL , SPRINKLE , HOMPSON AND TOLLES M ARCH 1, 2017 ____________ Referred to Committee on Commerce and Labor SUMMARY—Provides for the early termination of certain rental agreements by victims of harassment, sexual assault or stalking.

(BDR 10-655) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

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

(NRS 118A.345) Section 1 of this bill similarly provides, under certaincotenant circumstances, for the early termination of a rental agreement if a tenant, assault or stalking.dhousehold member is a victim of the crime of harassment, sexual Existing law prohibits a landlord from taking certain retaliatory actions against a tenant, cotenantassault or householdstalking. member who is a victim of domestic violence or who terminates a rental agreement because he or she is a victim of domestic violence.

(NRSExisting 118A.510)law Section 3 of this bill similarly prohibits a landlord from taking certain retaliatory actions against a tenant, cotenant or household member who is a victim of domestic violence or who terminates a rental agreement because he or she is a victim of domestic taking certain retaliatory actions against a tenant, cotenant or household memberom who is a victim of harassment, sexual assault or stalking.alstalking -or *AB247_R1*who –terminates 2a –rental THEagreement PEOPLEbecause OFhe THEor STATEshe OFis NEVADA,a REPRESENTEDvictim INof SENATEharassment, ANDsexual ASSEMBLY,assault DOor ENACTstalking. AS FOLLOWS:

SectionEXPLANATION 1.– Matter in bolded italics is new;

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

THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.

- 79th Session (2017) – 2 – (a) A copy of an order for protection against domestic violence issued to the tenant, cotenant or household member who is the victim of domestic violence;

(b) A copy of a written report from a law enforcement agency indicating that the tenant, cotenant or household member notified the law enforcement agency of the domestic violence;

ororr notified (c) A copy of a written affidavit in the form prescribed pursuant to NRS 118A.347 and signed by a qualified third party acting in his or her official capacity stating that the tenant, cotenant or household member is a victim of domestic violence and identifying the adverse party.

A tenant or cotenant may terminate a rental agreement pursuant to this section only if the actions, events or circumstances that resulted in the tenant, cotenant or household member becoming a victim of domestic violence , harassment, sexual assault or - *AB247_R1* – 3 – stalking occurred within the 90 days immediately preceding the writtenwri[4.] notice5.tiA tenant or cotenant who terminates a rental agreement pursuant to this section is only liable, if solely or jointly liable for purposes of terminationthe rental agreement, for any rent owed or required to be paid through the landlord.date of termination and any other outstanding obligations.

[4.] 5.

A tenant or cotenant who terminates a rental agreement pursuant to this section is only liable, if solely or jointly liable for purposes of the rental agreement, for any rent owed or required to be paid through the date of termination and any other outstanding obligations.

- 79th Session (2017) – 3 – [5.] 6.

A person who is named as the adverse party may be civilly liable for all economic losses incurred by a landlord for the early termination of a rental agreement pursuant to this section, including, without limitation, unpaid rent, fees relating to early termination, costs for the repair of any damages to the dwelling and any reductions in or waivers of rent previously extended to thetheg and tenant or cotenant who terminates the rental agreement pursuant to this section.

(b) Refuse to provide to an adverse party, whether or not that party is a tenant, cotenant or household member, access to thethehat - *AB247_R1* – 4 – dwelling to reclaim property unless a law enforcement officer is present.

- 79th Session (2017) – 4 – [11.] 12.

(a) “Adverse party” means a person who is named in an order for protection against domestic violence, harassment, sexualsexualer assault or stalking, a written report from a law enforcement agency or a written statement from a qualified third party and who is alleged to be the cause of the early termination of a rental agreement pursuant to this section.

(2) A psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology, Inc.Psychiatry of the American Osteopathic Association;

orand the(3) AmericanA Osteopathicpsychologist Boardlicensed ofto Neurologypractice andin Psychiatrythis ofState; the American Osteopathic Association;

(3) A psychologist licensed to practice in this State;

(I) Is employed by an agency or service which advises persons regarding domestic violence or refers them to persons or agencies where their request and needs can be met and who is - *AB247_R1* – 5 – licensed to provide health care pursuant to the provisions of title 54 of NRS, or is a member of the board of directors or serves as the executive director of an agency or service which advises persons regarding domestic violence or refers them to persons or agencies where theirthei(II) requestHas andreceived needstraining canrelating beto met;domestic violence;

(II) Has received training relating to domestic violence;

or - 79th Session (2017) – 5 – (8) Any member of the clergy of a church or religious society or denomination that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C.

§ 501 (c)(3), who has been chosen, elected or appointed in conformity with the constitution, canons, rites, regulations or discipline of the church or religious society or denomination [.] and who is aaine of the resident of this State.

- *AB247_R1* – 6 – The incident(s) that I described above were committed by the following person(s):

7- 79th Session (2017) – 6 – I state under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.

(d) A citation has been issued resulting from a complaint describeddes(e) The tenant has instituted or defended against a judicial or administrative proceeding or arbitration in paragraphwhich (a);the tenant raised an issue of compliance with the requirements of this chapter respecting the habitability of dwelling units;

- *AB247_R1*79th Session (2017) – 7 – (e)(f) The tenant has institutedfailed or defendedrefused againstto give written consent to a judicialregulation oradopted administrativeby proceedingthe orlandlord, arbitrationafter inthe tenant enters into the rental agreement, which requires the landlord to wait until the appropriate time has elapsed before it is enforceable against the ten(g) The tenant raisedhas ancomplained issuein ofgood compliancefaith withto the requirementslandlord, a government agency, an attorney, a fair housing agency or any other appropriate body of thisa chapterviolation respectingof NRS 118.010 to 118.120, inclusive, or the habitabilityFair Housing Act of dwelling1968, units;42 U.S.C.

(f) The tenant has failed or refused to give written consent to a regulation adopted by the landlord, after the tenant enters into the rental agreement, which requires the landlord to wait until the appropriate time has elapsed before it is enforceable against the tenant;

(g) The tenant has complained in good faith to the landlord, a government agency, an attorney, a fair housing agency or any other appropriate body of a violation of NRS 118.010 to 118.120, inclusive, or the Fair Housing Act of 1968, 42 U.S.C.