AB 107 — Provides for the sealing of records relating to eviction under certain circumstances. (BDR 3-689)

(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2017) FIRST REPRINT A.B.

107107–Assemblywoman ABilbray-Axelrod SSEMBLYCHAPTER.......... B ILLN O.

107–ASSEMBLYWOMAN B ILBRAY -AXELROD P REFILED FEBRUARY 7, 2017 ____________ Referred to Committee on Judiciary SUMMARY—Provides for the sealing of records relating to eviction under certain circumstances.

(BDR 3-689) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

This bill provides that eviction case court files relating to actions for summary evictioncourt areorder sealeddenying automaticallyor anddismissing notthe openaction tofor inspection:summary eviction;

(1)or upon(2) theif entryary of a landlord fails to file an affidavit of complaint within 30 days after a tenant files an affidavit to contest the matter.

or (2) upon motion by the tenant, if the court finds that the eviction should be set asideeviction pursuantcase tocourt thefile Justiceis Courtin Rulesthe interests of Civiljustice.dure Procedure or that sealing the evictionEXPLANATION case– courtMatter file is in thebolded interestsitalics ofis justice.new;

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

or (b) Thirty-one days after the tenant has filed an affidavit described in subsection 3 of NRS 40.253, if the landlord has failed - *AB107_R1* – 2 – to file an affidavit of complaint pursuant to subsection 5 of NRS 40.253 within 30 days after the tenant filed the affidavit.

or (2) Sealing the eviction case court file is in the interests of justice and those interests are not outweighed by the public’s - 79th Session (2017) – 2 – interest in knowing about the contents of the eviction case court file, after considering, without limitation, the following factors:

(II) Other extenuating circumstances under which the order of eviction was granted;

andandircumstances under which the (III) The amount of time that has elapsed between the granting of the order of eviction and the filing of the motion to seal the eviction case court file.

“Dwelling” or “dwelling unit” means a structure or part thereof that is occupied, or designed or intended for occupancy, as a residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.hou2.hol“Landlord’s agent” means a person who is hired or authorized by the landlord or owner of real property to manage the property or dwelling unit, to enter into a rental agreement on behalf of the landlord or owner of the property or who serves as a person within this State who is authorized to act for and on behalf of the landlord or owner for the purposes of service of process or receiving notices and demands.

2.

“Landlord’s agent” means a person who is hired or authorized by the landlord or owner of real property to manage the - *AB107_R1* – 3 – property or dwelling unit, to enter into a rental agreement on behalf of the landlord or owner of the property or who serves as a person within this State who is authorized to act for and on behalf of the landlord or owner for the purposes of service of process or receiving notices and demands.

- 79th Session (2017) – 3 – 4.

“Recreational vehicle” means a vehicular structure primarily designed as temporary living quarters for travel, recreational or camping use, which may be self-propelled or mounted upon ornal or drawn by a motor vehicle.

H~~~~~ 17 - *AB107_R1*79th Session (2017)