Nevada 2019 Regular Session Status: Enacted

AB 393 — Provides protections to certain governmental and tribal employees and certain other persons during a government shutdown. (BDR 3-1015)

Last action — Chapter 531.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 21, 2019. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

AN ACT relating to governmental administration; prohibiting the foreclosure of real property or a lien against a unit in a common-interest community owned by a federal worker, tribal worker, state worker or household member of such a worker during a government shutdown in certain circumstances; providing certain protections to a tenant who is a federal worker, tribal worker, state worker or household member of such a worker during a government shutdown; prohibiting a person from repossessing the vehicle of a federal worker, tribal worker, state worker or household member of such a worker during a government shutdown; authorizing the provision of assistance in paying for natural gas and electricity to a federal worker, tribal worker, state worker or household member of such a worker during a government shutdown; providing penalties; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

1357 added · 1420 removed

1357 line(s) added, 1420 removed.

→
Previous
Latest
(Reprinted with amendments adopted on May 23, 2019) SECOND REPRINT A.B.
Assembly Bill No.
393 ASSEMBLY B ILLN O.
393–Assemblyman Frierson CHAPTER..........
393–A SSEMBLYMAN F RIERSON M ARCH 21, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Provides protections to certain governmental and tribal employees and certain other persons during a government shutdown.
(BDR 3-1015) 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.
prohibiting the foreclosure of real property or a lien against a unit in a common-interest community owned by a federal worker, tribal worker, state worker or household member of such a worker during a government shutdown in certain circumstances;
prohibiting the foreclosure of real property or a lien against a unit in a common-interestcommunityownedbyafederalworker, tribal worker, state worker or household member of such a worker during a government shutdown in certain circumstances;
prohibiting a person from repossessing the vehicle of a federal worker, tribal worker, state worker or household member of such a worker during a government shutdown;authorizingtheprovisionofassistanceinpaying for natural gas and electricity to a federal worker, tribal worker, state worker or household member of such a worker during a government shutdown;
prohibiting a personfromrepossessingthevehicleofafederalworker, tribal worker, state worker or household member of such a worker during a government shutdown;
authorizing the provision of assistance in paying for natural gas and electricity to a federal worker, tribal worker, state worker or household member of such a worker during a government shutdown;
proposes to provide relief to federal employees and employees of contractors during a lapse in appropriations for any federal agency or department by suspending the enforcement of certain civil liabilities of such employees during the lapse.
The Federal Employees Civil Relief Act, which is pending before Congress, proposes to provide relief to federal employees and employees of contractors during enforcement of certain civil liabilities of such employees during the lapse.
(2019)) This bill generally enacts similar provisions in state law workers and household members of such workers during a lapse in appropriations at the state or federal level or for the tribal government.
(2019)) This bill generally enacts similar provisions in state law intended to provide certain protections to federal workers, tribal workers, state workers and household members of such workers during a lapse in appropriations at the state or federal level or for the tribal government.
This bill defines the following - *AB393_R2* – 2 – of a contractor who has entered into a contract with a federal agency;
This bill defines the following terms:
(2) “tribal worker” to mean an employee of a federally recognized Nevada Indian tribe that receives at least a majority of its funding from the Federal Government or an employee of a contractor who has entered into a contract with such a tribe;
(1) “federal worker” to mean an employee of a federal agency or an employee worker” to mean an employee of a federally recognized Nevada Indian tribe thatibal receives at least a majority of its funding from the Federal Government or an employee of a contractor who has entered into a contract with such a tribe;
(4) “shutdown” to mean any period in which there is a lapse in appropriations for a federal or state agency or tribal government that continues through any unpaid payday for a federal worker, tribal member” to mean any person who is related by blood, marriage, adoption or otherd legal process and is currently residing with a federal worker, tribal worker or state worker affected by a shutdown.
(4) “shutdown” to mean any period in which there is a lapse in appropriations for a federal or state agency or tribal worker or state worker employed by that agency or government;
Section 6 of this bill provides that if a mortgagor or grantor of a deed of trust under a residential mortgage loan is a federal worker, tribal worker, state worker or, in certain circumstances, a household member or landlord of such a worker, a person is prohibited from conducting a foreclosure sale during the period commencing on the date that a shutdown begins and ending on the date that is 90 days after the date on which the shutdown ends.
and (5) “household member” to mean any person who is related by blood, marriage, adoption or other legal process and is currently residing with a federal worker, tribal worker or state worker affected by a shutdown.
Section 6 also provides that in any civil action for a or state worker or, if applicable, a household member or landlord of such a worker,worker the court is authorized or required, depending on the circumstances, to stay the proceedings in the action for a certain period or issue an order that conserves the interests of the parties unless the court determines that the ability of the federal worker, tribal worker, state worker or household member or landlord of such a workerto complywith thetermsoftheobligation securedbytheresidentialmortgage loan is not materially affected by the shutdown.
Section 6 of this bill provides that if a mortgagor or grantor of a deed of trust under a residential mortgage loan is a federal worker, tribal worker, state worker or, is prohibited from conducting a foreclosure sale during the period commencing onson the date that a shutdown begins and ending on the date that is 90 days after the date on which the shutdown ends.
Section 6 also provides that in any civil action for a foreclosure sale that is filed during that period against a federal worker, tribal worker or state worker or, if applicable, a household member or landlord of such a worker, - 80th Session (2019) – 2 – the court is authorized or required, depending on the circumstances, to stay the proceedings in the action for a certain period or issue an order that conserves the interests of the parties unless the court determines that the ability of the federal worker, tribal worker, state worker or household member or landlord of such a loan is not materially affected by the shutdown.
Section 6 provides that anyperson who knowingly misdemeanor and is liable for actual damages, reasonable attorney’s fees and costsof a incurred bythe injured party.
Section 6 provides that anyperson who knowingly conducts a foreclosure sale in violation of the provisions of section 6 is guilty of a misdemeanor and is liable for actual damages, reasonable attorney’s fees and costs incurred bythe injured party.
This protection against foreclosure provided by section 6 is similar to that provided in existing law to a servicemember on active duty or deployment.
This protection against foreclosure provided by section is similar to that provided in existing law to a servicemember on active duty or deployment.
the foreclosure of a lien of a unit-owners’ association against a unit in a common- to interest community and provides that if a unit’s owner or his or her successor in interest is a federal worker, tribal worker or state worker or, in certain circumstances, a household member or landlord of such a worker, an association is generally prohibited from initiating the foreclosure of a lien by sale during any period between the commencement of a shutdown and 90 days after the end of a shutdown.
Section 13 of this bill applies the applicable provisions set forth in section 6 to the foreclosure of a lien of a unit-owners’ association against a unit in a common- interest community and provides that if a unit’s owner or his or her successor in interest is a federal worker, tribal worker or state worker or, in certain circumstances, prohibited from initiating the foreclosure of a lien by sale during any period between the commencement of a shutdown and 90 days after the end of a shutdown.
Section 13 also requires a unit-owners’ association to:
Section also requires a unit-owners’ association to:
(1) inform each unit’s owner or his or her successor in interest that if the person is a federal worker, tribal worker, state worker or household member or landlord of such a worker, he or she may be entitled to provide any information required to enable the association to verify whether theity person is entitled to the protections set forth in section 13.
(1) inform each unit’s owner or his or her successor in interest that if the person is a federal worker, tribal worker, state worker or household member or landlord of such a worker, he or she may be entitled to certain protections pursuant to section 13;
Section 13 also requires that before an association takes certain action relating to the foreclosure of a lien by sale, the association must, if such information is provided, verify whether a unit’s owner or his or her successor in interest is entitled to the protections set forth in - *AB393_R2* – 3 – whether a unit’s owner or his or her successor in interest is entitled to sucho verify protections.
and (2) give the person the opportunity to provide any information required to enable the association to verify whether the person is entitled to the protections set forth in section 13.
Section 13 also requires that before an association takes certain action relating to the foreclosure of a lien by sale, the association must, if such information is provided, verify whether a unit’s owner or his or her successor in interest is entitled to the protections set forth in section 13 or, if such information is not provided, make a good faith effort to verify whether a unit’s owner or his or her successor in interest is entitled to such protections.
(NRS 40.251, 40.2512) Section 7 of this bill:
(NRS 40.251, 40.2512) Section 7 of this household member of such a worker to request to be allowed to continue inte worker or possession of real property or a dwelling unit during a shutdown and for a period of not more than 30 days after the shutdown;
(1) authorizes a tenant who is a federal worker, tribal worker, state worker or household member of such a worker to request to be allowed to continue in possession of real property or a dwelling unit during a shutdown and for a period of such a request to allow the tenant to remain in possession of the property or unit during that period.
and (2) requires a landlord who receives such a request to allow the tenant to remain in possession of the property or unit during that period.
(NRS 40.253) Section 9 of this bill provides that the summary eviction procedure does not apply to a tenant who provides proof to the member of such a worker during a shutdown.r, tribal worker, state worker or household Existing law prescribes basic obligations of a tenant, which include requiring a tenant to comply with the terms of a rental agreement.
(NRS 40.253) Section 9 of this bill provides that the summary eviction procedure does not apply to a tenant who provides proof to the - 80th Session (2019) – 3 – landlord that he or she is a federal worker, tribal worker, state worker or household member of such a worker during a shutdown.
(NRS 118A.310) Section 20 of this bill makes any term of a rental agreement requiring the payment of rent at a specified time unenforceable against a tenant who is a federal worker, tribal worker, state worker or household member of such a worker during a shutdown.
Existing law prescribes basic obligations of a tenant, which include requiring a tenant to comply with the terms of a rental agreement.
(NRS 118A.310) Section 20 specified time unenforceable against a tenant who is a federal worker, tribal worker, state worker or household member of such a worker during a shutdown.
Section 21 of this bill prohibits a period prescribed in section 20.aliatory action against a tenant who pays rent in the Section 18.7 of this bill authorizes a landlord to petition the court for relief from the protections for federal workers, tribal workers, state workers and certain household members of such workers prescribed in sections 6 and 20 if:
Section 21 of this bill prohibits a landlord from taking certain retaliatory action against a tenant who pays rent in the period prescribed in section 20.
Section 18.7 of this bill authorizes a landlord to petition the court for relief from the protections for federal workers, tribal workers, state workers and certain household members of such workers prescribed in sections 6 and 20 if:
Sections 7-9, 20 and 21 make conSections 26 and 27 of this bill prohibit a landlord of a manufactured home park fromcharginganylatefeeforalaterentalpaymentbyafederal worker, tribalworker, state worker or household member of such a worker during a shutdown.
Sections 7-9, 20 and 21 make conforming changes.
Sections 26 and 27 of this bill prohibit a landlord of a manufactured home park state worker or household member of such a worker during a shutdown.
federal worker, tribal worker, state worker or household member of such a worker who provides proof that he or she is such a person during a shutdown or for a period of 30 days immediately after the end of a shutdown.
Section 30 of this bill prohibits a person from repossessing the vehicle of a federal worker, tribal worker, state worker or household member of such a worker who provides proof that he or she is such a person during a shutdown or for a period of 30 days immediately after the end of a shutdown.
Section 30 provides that any person who knowingly repossesses a vehicle in violation of the provisions of section 30 is guilty of a misdemeanor and is liable for actual damages, reasonable attorney’s - *AB393_R2* – 4 – fees and costs incurred by the injured party.
Section 30 provides that any person who knowingly repossesses a vehicle in violation of the provisions of section is guilty of a misdemeanor and is liable for actual damages, reasonable attorney’s fees and costs incurred by the injured party.
Existing law requires that certain notice be provided before a vehicle repossessed pursuant to a security agreement may be protections provided by section 30 be included in that notice.formation about the Existing law authorizes the Division of Welfare and Supportive Services of the Department of Health and Human Services to use money in the Fund for Energy Assistance and Conservation to assist eligible households in paying for natural gas and electricity.
Existing law requires that certain notice be provided before a vehicle repossessed pursuant to a security agreement may be sold.
Show all 213 changed rows (173 more)
Previous
Latest
(NRS 702.260) Section 31 of this bill makes households that include during a shutdown.al worker, tribal worker or state worker eligible for such assistance THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(NRS 482.516) Section 30.5 of this bill requires that information about the protections provided by section 30 be included in that notice.
Department of Health and Human Services to use money in the Fund for Energy of the Assistance and Conservation to assist eligible households in paying for natural gas and electricity.
(NRS 702.260) Section 31 of this bill makes households that include at least one federal worker, tribal worker or state worker eligible for such assistance during a shutdown.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- 80th Session (2019) – 4 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 5.5, inclusive, of this act have the meanings ascribed to them in those sections.
As used in this chapter, unless the context otherwise of this act have the meanings ascribed to them in those sections.sive, Sec.
Sec.
Indian tribe or an employee of a contractor who has entered into a contract with a qualified Indian tribe.
5.5.
“Tribal worker” means an employee of a qualified Indian tribe or an employee of a contractor who has entered into a contract with a qualified Indian tribe.
Sec.
Notwithstanding any other provision of law and except as otherwise ordered by a court of competent jurisdiction, if a borrower provides proof that he or she is a federal worker, tribal worker or state worker or, in accordance with subsection 5, a household member or landlord of such a worker, a person shall not initiate or direct or authorize another person to initiate a - *AB393_R2* – 5 – foreclosure sale during the period commencing on the date on which a shutdown begins and ending on the date that is 90 days after the date on which the shutdown ends.
Notwithstanding any other provision of law and except as otherwise ordered by a court of competent jurisdiction, if a borrower provides proof that he or she is a federal worker, tribal worker or state worker or, in accordance with subsection 5, a household member or landlord of such a worker, a person shall not initiate or direct or authorize another person to initiate a foreclosure sale during the period commencing on the date on which a shutdown begins and ending on the date that is 90 days after the date on which the shutdown ends.
Except as otherwise provided in subsection 3, in any civil action for a foreclosure sale pursuant to NRS 40.430 involving a failure to make a payment required by a residential mortgage loan that is filed against a federal worker, tribal worker or state worker or, in accordance with subsection 5, a household member or landlord of such a worker, during a shutdown or during the 90-day period immediately after the end of a shutdown, the court may, on its own motion after a hearing, or shall, on a motion or on behalf of the federal worker, tribal worker, state worker or household member or landlord of such a worker, as applicable, do one or both of the following:
Except as otherwise provided in subsection 3, in any civil action for a foreclosure sale pursuant to NRS 40.430 involving a failure to make a payment required by a residential mortgage loan that is filed against a federal worker, tribal worker or state worker or, in accordance with subsection 5, a household member or landlord of such a worker, during a shutdown or during the 90-day - 80th Session (2019) – 5 – period immediately after the end of a shutdown, the court may, on its own motion after a hearing, or shall, on a motion or on behalf of the federal worker, tribal worker, state worker or household member or landlord of such a worker, as applicable, do one or both of the following:
The provisions of subsection 2 do not apply if the court determines that the ability of the federal worker, tribal worker, state worker or household member or landlord of such a worker to comply with the terms of the obligation secured by the residential mortgage loan is not materially affected by the shutdown.
The provisions of subsection 2 do not apply if the court worker or household member or landlord of such a worker toworker, state comply with the terms of the obligation secured by the residential mortgage loan is not materially affected by the shutdown.
and (b) Maybeliablefor actual damages, reasonable attorney’sfees and costs incurred by the injured party.
and (b) May beliablefor actual damages, reasonable attorney’sfees and costs incurred by the injured party.
7.
initiates a foreclosure sale pursuant to the direction ortrustee who authorization of another person.
The provisions of subsection 6 do not apply to a trustee who initiates a foreclosure sale pursuant to the direction or authorization of another person.
In imposing liability pursuant to paragraph (b) of subsection 6, a court shall, when determining whether to reduce such liability, take into consideration any due diligence used by the - *AB393_R2* – 6 – person before he or she initiated or directed or authorized another person to initiate the foreclosure sale.
In imposing liability pursuant to paragraph (b) of subsection 6, a court shall, when determining whether to reduce such liability, take into consideration any due diligence used by the person before he or she initiated or directed or authorized another person to initiate the foreclosure sale.
(b) “Initiate a foreclosure sale” means to commence a civil action for a foreclosure sale pursuant to NRS 40.430 or, in the case of the exercise of a trustee’s power of sale pursuant to NRS 107.080 and 107.0805, to execute and cause to be recorded in the office of the county recorder a notice of the breach and of the election to sell or cause to be sold the property pursuant to paragraph (b) of subsection 2 of NRS 107.080 and paragraph (b) of subsection 1 of NRS 107.0805.
(b) “Initiate a foreclosure sale” means to commence a civil action for a foreclosure sale pursuant to NRS 40.430 or, in the case of the exercise of a trustee’s power of sale pursuant to NRS 107.080 and 107.0805, to execute and cause to be recorded in the office of - 80th Session (2019) – 6 – the county recorder a notice of the breach and of the election to sell or cause to be sold the property pursuant to paragraph (b) of subsection 2 of NRS 107.080 and paragraph (b) of subsection 1 of NRS 107.0805.
A tenant of real property, a recreational vehicle or a mobile home for a term less than life is guilty of an unlawful detainer when having leased:
A tenant of real property, a recreational vehicle or a when having leased:erm less than life is guilty of an unlawful detainer (a) Real property, except as otherwise provided in this section, or a mobile home for an indefinite time, with monthly or other periodic rent reserved, the tenant continues in possession thereof, in person or by subtenant, without the landlord’s consent after the expiration of a notice of:
(a) Real property, except as otherwise provided in this section, or a mobile home for an indefinite time, with monthly or other periodic rent reserved, the tenant continues in possession thereof, in person or by subtenant, without the landlord’s consent after the expiration of a notice of:
and (II) Except as otherwise provided in subsection 2, at least 30 days for all other periodic tenancies;
and (II) Except as otherwise provided in subsection 2, at least days for all other periodic tenancies;
or (2) A notice of at least 5 days where the tenant has failed to perform the tenant’s basic or contractual obligations under chapter 118A of NRS.
or perform the tenant’s basic or contractual obligations under chapterto 118A of NRS.
(c) A mobile home lot subject to the provisions of chapter 118B of NRS, or a lot for a recreational vehicle in an area of a mobile home park other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 8 of NRS 40.215, the tenant - *AB393_R2* – 7 – continues in possession, in person or by subtenant, without the landlord’s consent:
(c) A mobile home lot subject to the provisions of chapter 118B of NRS, or a lot for a recreational vehicle in an area of a mobile home park other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 8 of NRS 40.215, the tenant continues in possession, in person or by subtenant, without the landlord’s consent:
(d) A recreational vehicle lot, the tenant continues in possession, in person or by subtenant, without the landlord’s consent, after the expiration of a notice of at least 5 days.
- 80th Session (2019) – 7 – (d) A recreational vehicle lot, the tenant continues in possession, in person or by subtenant, without the landlord’s consent, after the expiration of a notice of at least 5 days.
Except as otherwise provided in this section, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1, other than a tenancy from week to week, is 60 years of age or older or has a physical or mental disability, the tenant may request to be allowed to continue in possession for an additional 30 days beyond the time specified in subsection 1 by submitting a written request for an extended period and providing proof of the tenant’s age or disability.
Except as otherwise provided in this section, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1, other than a tenancy from week to week, is 60 years of age or older or has a physical or mental disability, the tenant may request to be allowed to continue in possession for an additional 30 days beyond the time specified in subsection 1 by submitting a written request for disability.
Any notice provided pursuant to paragraph (a) or (b) of subsection 1 must include a statement advising the tenant of the provisions of [subsection] subsections 2 [.] , 3 and 4.
Any notice provided pursuant to paragraph (a) or (b) of subsection 1 must include a statement advising the tenant of the pro[4.] 6.
[4.] 6.
If the court denies the petition, - *AB393_R2* – 8 – the tenant must be allowed to continue in possession for 5 calendar days following the date of entry of the order denying the petition.
If the court denies the petition, the tenant must be allowed to continue in possession for 5 calendar days following the date of entry of the order denying the petition.
Except as otherwiseprovided insubsection2, a tenant ofreal property or a mobile home for a term less than life is guilty of an unlawful detainer when the tenant continues in possession, in person or by subtenant, after default in the payment of any rent and after a notice in writing, requiring in the alternative the payment of the rent or the surrender of the detained premises, remains uncomplied with for a period of 5 days, or in the case of a mobile home lot, 10 days after service thereof.
Except as otherwiseprovided insubsection2, a tenant ofreal property or a mobile home for a term less than life is guilty of an - 80th Session (2019) – 8 – unlawful detainer when the tenant continues in possession, in person or by subtenant, after default in the payment of any rent and after a notice in writing, requiring in the alternative the payment of the rent or the surrender of the detained premises, remains uncomplied with for a period of 5 days, or in the case of a mobile home lot, 10 days after service thereof.
Except as otherwise provided in section 18.7 of this act, the provisions of subsection 1 do not apply to a person who provides to the landlord proof that he or she is a federal worker, tribal worker, state worker or household member of such a worker during a shutdown.
Except as otherwise provided in section 18.7 of this act, the provisions of subsection 1 do not apply to a person who provides to state worker or household member of such a worker during abal worker, shutdown.
As used in this subsection, “day of service” means the day the landlord or the landlord’s agent personally delivers the notice to the tenant.
As used in this subsection, “day of service” means the day the tenant.
A landlord or the landlord’s agent who serves a notice to a tenant pursuant to paragraph (b) of subsection 1 shall attempt to - *AB393_R2* – 9 – deliver the notice in person in the manner set forth in paragraph (a) of subsection 1 of NRS 40.280.
A landlord or the landlord’s agent who serves a notice to a tenant pursuant to paragraph (b) of subsection 1 shall attempt to deliver the notice in person in the manner set forth in paragraph (a) of subsection 1 of NRS 40.280.
(a) Shall post a copy of the notice in a conspicuous place on the premises and mail the notice by overnight mail;
- 80th Session (2019) – 9 – (a) Shall post a copy of the notice in a conspicuous place on the premises and mail the notice by overnight mail;
The sheriff or constable shall not accept the notice for service unless it is accompanied by written evidence, signed by the tenant when the tenant took possession of the premises, that the landlord or the landlord’s agent informed the tenant of the provisions of this section which set forth the lawful procedures for eviction from a short-term tenancy.
The sheriff or constable shall not accept the notice for service unless it is accompanied by written evidence, signed by the tenant when the tenant took possession of the premises, that the landlord or the landlord’s agent informed the tenant of the provisions of this section which set forth the lawful procedures for constable shall serve the notice within 48 hours after the request for service was made by the landlord or the landlord’s agent.
Upon acceptance, the sheriff or constable shall serve the notice within 48 hours after the request for service was made by the landlord or the landlord’s agent.
and (3) That, pursuant to NRS 118A.390, a tenant may seek relief if a landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the tenant’s entry upon the premises or willfully interrupts or causes or permits the interruption of an essential service required by the rental agreement or chapter 118A of NRS.
and (3) That, pursuant to NRS 118A.390, a tenant may seek relief if a landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the tenant’s entry upon the premises or willfully interrupts or causes or permits agreement or chapter 118A of NRS.service required by the rental 4.
4.
(a) The landlord or the landlord’s agent may apply by affidavit of complaint for eviction to the justice court of the township in which the dwelling, apartment, mobile home, recreational vehicle or commercial premises are located or to the district court of the county in which the dwelling, apartment, mobile home, recreational vehicle - *AB393_R2* – 10 – or commercial premises are located, whichever has jurisdiction over the matter.
(a) The landlord or the landlord’s agent may apply by affidavit of complaint for eviction to the justice court of the township in which the dwelling, apartment, mobile home, recreational vehicle or commercial premises are located or to the district court of the county in which the dwelling, apartment, mobile home, recreational vehicle or commercial premises are located, whichever has jurisdiction over - 80th Session (2019) – 10 – the matter.
(5) The length of time the tenant has remained in possession without paying rent.
(5) The length of time the tenant has remained in possession without(6) The amount of rent claimed due and delinquent.
(6) The amount of rent claimed due and delinquent.
If the court determines that there is no legal defense as to the alleged unlawful detainer and the tenant is guilty of an unlawful detainer, the court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant.
If the court determines that there is no legal defense as to the alleged unlawful detainer and the tenant is guilty of an unlawful tenant or an order providing for the nonadmittance of the tenant.
7.
- 80th Session (2019) – 11 – 7.
Thetenantmay,uponpayment oftheappropriatefeesrelating to the filing and service of a motion, file a motion with the court, on - *AB393_R2* – 11 – a formprovided by the clerk of the court, to dispute the amount of the costs, if any, claimed by the landlord pursuant to NRS 118A.460 or 118C.230 for the inventory, moving and storage of personal property left on the premises.
Thetenantmay,uponpayment oftheappropriatefeesrelating to the filing and service of a motion, file a motion with the court, on a formprovided by the clerk of the court, to dispute the amount of the costs, if any, claimed by the landlord pursuant to NRS 118A.460 or 118C.230 for the inventory, moving and storage of personal property left on the premises.
and (b) A copy of those charges has been requested by or provided to the tenant, whichever is later.
and(b) A copy of those charges has been requested by or provided to the tenant, whichever is later.
A landlord shall not refuse to accept rent from a tenant that is submitted after the landlord or the landlord’s agent has served or had served a notice pursuant to subsection 1 if the refusal is based on the fact that the tenant has not paid collection fees, attorney’s fees or other costs other than rent, a reasonable charge for late payments of rent or dishonored checks, or a security.
A landlord shall not refuse to accept rent from a tenant that is submitted after the landlord or the landlord’s agent has served or had served a notice pursuant to subsection 1 if the refusal is based on the fact that the tenant has not paid collection fees, attorney’s fees or other costs other than rent, a reasonable charge for late payments of “security” has the meaning ascribed to it in NRS 118A.240.subsection, 10.
As used in this subsection, “security” has the meaning ascribed to it in NRS 118A.240.
10.
40.426 As used in NRS 40.426 to 40.495, inclusive, and section 6 of this act, unless the context otherwise requires, the words and terms defined in NRS 40.427, 40.428 and 40.429 have the meanings ascribed to them in those sections.
40.426 As used in NRS 40.426 to 40.495, inclusive, and section of this act, unless the context otherwise requires, the words and - 80th Session (2019) – 12 – terms defined in NRS 40.427, 40.428 and 40.429 have the meanings ascribed to them in those sections.
- *AB393_R2* – 12 – Sec.
Sec.
In addition to the requirements of NRS 40.430 to 40.4639, inclusive, and section 6 of this act, a civil action for a foreclosure sale pursuant to NRS 40.430 involving a failure to make a payment required by a residential mortgage loan is subject to the requirements of NRS 107.400 to 107.560, inclusive.
In addition to the requirements of NRS 40.430 to 40.4639, sale pursuant to NRS 40.430 involving a failure to make a paymentosure required by a residential mortgage loan is subject to the requirements of NRS 107.400 to 107.560, inclusive.
(1) A servicemember or a dependent of a servicemember, he or she may be entitled to certain protections under the federal ServicemembersCivilReliefAct,50U.S.C.§§3901etseq.,andNRS 40.439 regarding the servicemember’s interest rate and the risk of foreclosure, and counseling for covered servicemembers that is available from Military OneSource and the United States Armed Forces Legal Assistance or any other similar agency.
(1) A servicemember or a dependent of a servicemember, he or she may be entitled to certain protections under the federal ServicemembersCivilReliefAct,50U.S.C.§§3901etseq.,andNRS 40.439 regarding the servicemember’s interest rate and the risk of available from Military OneSource and the United States Armeds Forces Legal Assistance or any other similar agency.
(4) The date of the last payment by the borrower;
- 80th Session (2019) – 13 – (4) The date of the last payment by the borrower;
- *AB393_R2* – 13 – (6) The date on which the interest rate for the residential mortgage loan may next reset or adjust, unless the rate changes more frequently than once every 30 calendar days;
(6) The date on which the interest rate for the residential mortgage loan may next reset or adjust, unless the rate changes more frequently than once every 30 calendar days;
(8) A description of any late payment fee charged under the residential mortgage loan;
(8) A description of any late payment fee charged under the residen(9) A telephone number or electronic mail address that the borrower may use to obtain information concerning the residential mortgage loan;
(9) A telephone number or electronic mail address that the borrower may use to obtain information concerning the residential mortgage loan;
(2) A copy of the borrower’s mortgage or deed of trust;
Unless a borrower has exhausted the process described in NRS 107.520 and 107.530 for applying for a foreclosure prevention alternative offered by, or through, the mortgage servicer, mortgagee or beneficiary of the deed of the trust, not later than 5 business days after a notice of default and election to sell is recorded pursuant to subsection 2 of NRS 107.080 or a civil action for the recovery of any debt,orforthe enforcement of anyright, under a residential mortgage loan that is not barred by NRS 40.430 is commenced, the mortgage servicer, mortgagee or beneficiary of the deed of trust that offers one - *AB393_R2* – 14 – or moreforeclosurepreventionalternatives must sendto the borrower a written statement:
Unless a borrower has exhausted the process described in NRS 107.520 and 107.530 for applying for a foreclosure prevention alternative offered by, or through, the mortgage servicer, mortgagee or beneficiary of the deed of the trust, not later than 5 business days - 80th Session (2019) – 14 – after a notice of default and election to sell is recorded pursuant to subsection 2 of NRS 107.080 or a civil action for the recovery of any debt,orforthe enforcement of anyright, under a residential mortgage loan that is not barred by NRS 40.430 is commenced, the mortgage servicer, mortgagee or beneficiary of the deed of trust that offers one or moreforeclosurepreventionalternatives must sendto the borrower a written statement:
(a) That the borrower may be evaluated for a foreclosure prevention alternative or, if applicable, foreclosure prevention alternatives;
(a) That the borrower may be evaluated for a foreclosure prevention alternative or, if applicable, foreclosure prevention alt(b) Whether a complete applicationis required to be submitted by the borrower if the borrower wants to be considered for a foreclosure prevention alternative;
(b) Whether a complete applicationis required to be submitted by the borrower if the borrower wants to be considered for a foreclosure prevention alternative;
(a) “Federal worker” has the meaning ascribed to it in section 3 of this act.
(a) “Federal worker” has the meaning ascribed to it in section of this act.
Notwithstanding any other provision of law and except as otherwise provided in subsection 2 or ordered by a court of competent jurisdiction, if a unit’s owner or his or her successor in interest is a federal worker, tribal worker or state worker or, in accordance with subsection 3, a household member or landlord of a federal worker, tribal worker or state worker, an association shall not initiate the foreclosure of a lien by sale during the period commencing on the date on which a shutdown begins and ending on the date that is 90 days after the date on which the shutdown ends.
Notwithstanding any other provision of law and except as otherwise provided in subsection 2 or ordered by a court of competent jurisdiction, if a unit’s owner or his or her successor in accordance with subsection 3, a household member or landlord of in a federal worker, tribal worker or state worker, an association shall not initiate the foreclosure of a lien by sale during the period commencing on the date on which a shutdown begins and ending on the date that is 90 days after the date on which the shutdown ends.
Upon application to the court, a household member or landlordofafederalworker,tribalworker orstateworkerisentitled totheprotectionsprovidedtoafederalworker,tribalworker orstate worker pursuant to this section if the ability of the household member or landlord to make payments required by a lien of a unit- owners’ association is materially affected by the shutdown.
Upon application to the court, a household member or landlordofafederalworker,tribalworker orstateworkerisentitled - 80th Session (2019) – 15 – totheprotectionsprovidedtoafederalworker,tribalworker orstate worker pursuant to this section if the ability of the household member or landlord to make payments required by a lien of a unit- owners’ association is materially affected by the shutdown.
(a) Inform each unit’s owner or his or her successor in interest that if the person is a federal worker, tribal worker, state worker, - *AB393_R2* – 15 – household member or landlord of such a worker, he or she may be entitled to certain protections pursuant to this section;
(a) Inform each unit’s owner or his or her successor in interest that if the person is a federal worker, tribal worker, state worker, household member or landlord of such a worker, he or she may be entitled to certain protections pursuant to this section;
and (b) Give the person the opportunity to provide any information required to enable the association to verify whether he or she is entitled to the protections set forth in this section.
and required to enable the association to verify whether he or she is entitled to the protections set forth in this section.
In imposing liability pursuant to paragraph (b) of subsection 6, a court shall, when determining whether to reduce such liability, take into consideration any due diligence used by the person before he or she initiated the foreclosure of the lien by sale.
In imposing liability pursuant to paragraph (b) of such liability, take into consideration any due diligence used by the person before he or she initiated the foreclosure of the lien by sale.
(a) “Federal worker” has the meaning ascribed to it in section 3 of this act.
(a) “Federal worker” has the meaning ascribed to it in section of this act.
(2) The association makes reasonable efforts to give the unit’s owner or his or her successor in interest the opportunity to provide any information required to enable the association to verify whether the person is entitled to the protections set forth in this section pursuant to paragraph (b) of subsection 4;
- 80th Session (2019) – 16 – (2) The association makes reasonable efforts to give the unit’s owner or his or her successor in interest the opportunity to provide any information required to enable the association to verify whether the person is entitled to the protections set forth in this section pursuant to paragraph (b) of subsection 4;
and (3) The association makes reasonable efforts to utilize all resources available to the association to verify whether the unit’s owner or his or her successor in interest is a federal worker, tribal worker, state worker or household member or landlord of such a worker.
and (3) The association makes reasonable efforts to utilize all resources available to the association to verify whether the unit’s owner or his or her successor in interest is a federal worker, tribal worker, state worker or household member or landlord of such a wor(c) “Household member” has the meaning ascribed to it in section 3.25 of this act.
- *AB393_R2* – 16 – (c) “Household member” has the meaning ascribed to it in section 3.25 of this act.
Except as otherwise provided in subsection 5, 6 or 7, in a condominium, in a planned community, in a cooperative wheretheowner’sinterestinaunitisrealestateunderNRS116.1105, or in a cooperative where the owner’s interest in a unit is personal property under NRS 116.1105 and the declaration provides that a lien may be foreclosed under NRS 116.31162 to 116.31168, inclusive, and section 13 of this act, the association may foreclose its lien by sale after all of the following occur:
Except as otherwise provided in subsection 5, 6 or 7, in a condominium, in a planned community, in a cooperative wheretheowner’sinterestinaunitisrealestateunderNRS 116.1105, or in a cooperative where the owner’s interest in a unit is personal property under NRS 116.1105 and the declaration provides that a lien may be foreclosed under NRS 116.31162 to 116.31168, inclusive, and section 13 of this act, the association may foreclose its lien by sal(a) The association has mailed by certified or registered mail, return receipt requested, to the unit’s owner or his or her successor in interest, at his or her address, if known, and at the address of the unit or, if authorized by the parties, delivered by electronic transmission, a notice of delinquent assessment which states the amount of the assessments and other sums which are due in accordance with subsection 1ofNRS 116.3116, a description ofthe unitagainst which the lien is imposed and the name of the record owner of the unit.
(a) The association has mailed by certified or registered mail, return receipt requested, to the unit’s owner or his or her successor in interest, at his or her address, if known, and at the address of the unit or, if authorized by the parties, delivered by electronic transmission, a notice of delinquent assessment which states the amount of the assessments and other sums which are due in accordance with subsection 1ofNRS 116.3116, a description ofthe unitagainst which the lien is imposed and the name of the record owner of the unit.
(b) Not less than 30 days after mailing or delivering by electronic transmission the notice of delinquent assessment pursuant to paragraph (a), the association or other person conducting the sale has executed and caused to be recorded, with the county recorder of the county in which the common-interest community or any part of it is - 80th Session (2019) – 17 – situated, a notice of default and election to sell the unit to satisfy the lien which must contain the same information as the notice of delinquent assessment and which must also comply with the following:
(b) Not less than 30 days after mailing or delivering by electronic transmission the notice of delinquent assessment pursuant to paragraph (a), the association or other person conducting the sale has executed and caused to be recorded, with the county recorder of the county in which the common-interest community or any part of it is situated, a notice of default and election to sell the unit to satisfy the lien which must contain the same information as the notice of delinquent assessment and which must also comply with the following:
(I) The amount of the association’s lien that is prior to the first security interest on the unit pursuant to subsection 3 of NRS 116.3116 as of the date of the notice;
(I) The amount of the association’s lien that is prior to the first security interest on the unit pursuant to subsection 3 of NRS 116.3116 a(II) The amount of the lien described in sub-subparagraph (I) that is attributable to assessments based on the periodic budget adopted by the association pursuant to NRS 116.3115 as of the date of the notice;
(II) The amount of the lien described in sub-subparagraph (I) that is attributable to assessments based on the periodic budget - *AB393_R2* – 17 – adopted by the association pursuant to NRS 116.3115 as of the date of the notice;
and (II) If, not later than 5 days before the date of the sale, the holder of the first security interest on the unit satisfies the amount of theassociation’slienthatispriortothatfirstsecurityinterestpursuant to subsection 3 of NRS 116.3116 and, not later than 2 days before the date of the sale, a record of such satisfaction is recorded in the office of the recorder of the county in which the unit is located, the association may foreclose its lien by sale but the sale may not extinguish the first security interest as to the unit.
and (II) If, not later than 5 days before the date of the sale, the holder of the first security interest on the unit satisfies the amount of theassociation’slienthatispriortothatfirstsecurityinterestpursuant date of the sale, a record of such satisfaction is recorded in the office of the recorder of the county in which the unit is located, the association may foreclose its lien by sale but the sale may not extinguish the first security interest as to the unit.
WARNING! IF YOU FAIL TO PAY THE AMOUNT SPECIFIED IN THIS NOTICE, YOU COULD LOSE YOUR HOME, EVEN IF THE AMOUNT IS IN DISPUTE! (c) The unit’s owner or his or her successor in interest has failed to pay the amount of the lien, including costs, fees and expenses incident to its enforcement, for 90 days followingthe recording of the notice of default and election to sell.
WARNING! IF YOU FAIL TO PAY THE AMOUNT SPECIFIED IN THIS NOTICE, YOU COULD LOSE YOUR HOME, EVEN IF THE AMOUNT IS IN DISPUTE! - 80th Session (2019) – 18 – (c) The unit’s owner or his or her successor in interest has failed to pay the amount of the lien, including costs, fees and expenses incident to its enforcement, for 90 days followingthe recording of the notice of default and election to sell.
(d) The unit’s owner or his or her successor in interest, or the holder of a recorded security interest on the unit, has, for a period which commences in the manner and subject to the requirements described in subsection 3 and which expires 5 days before the date of sale, failed to pay the assessments and other sums that are due to the association in accordance with subsection 1 of NRS 116.3116.
(d) The unit’s owner or his or her successor in interest, or the holder of a recorded security interest on the unit, has, for a period which commences in the manner and subject to the requirements described in subsection 3 and which expires 5 days before the date of sale, failed to pay the assessments and other sums that are due to the ass(e) The association or other person conducting the sale has executed and caused to be recorded, with the county recorder of the county in which the common-interest community or any part of it is situated, an affidavit which states, based on the direct, personal knowledge of the affiant, the personal knowledge which the affiant acquired by a review of a trustee sale guarantee or a similar product or the personal knowledge which the affiant acquired by a review of the business records of the association or other person conducting the sale, which business records must meet the standards set forthin NRS 51.135, the following:
(e) The association or other person conducting the sale has executed and caused to be recorded, with the county recorder of the county in which the common-interest community or any part of it is situated, an affidavit which states, based on the direct, personal knowledge of the affiant, the personal knowledge which the affiant - *AB393_R2* – 18 – acquired by a review of a trustee sale guarantee or a similar product or the personal knowledge which the affiant acquired by a review of the business records of the association or other person conducting the sale, which business records must meet the standards set forthin NRS 51.135, the following:
3.
begins on the first day following:ragraph(c)ofsubsection (a) The date on which the notice of default and election to sell is recorded;
Theperiodof90daysdescribedinparagraph(c)ofsubsection 1 begins on the first day following:
(a) The date on which the notice of default and election to sell is recorded;
An association may not mail or deliver by electronic transmission to a unit’s owner or his or her successor in interest a letterofitsintenttomailordeliver byelectronictransmissionanotice of delinquent assessment pursuant to paragraph (a) of subsection 1, mail or deliver by electronic transmission the notice of delinquent assessment or take any other action to collect a past due obligation from a unit’s owner or his or her successor in interest unless the association has complied with the provisions of subsections 4 and 5 of NRS 116.311625 and [:] subsections 4 and 5 of section 13 of this act and:
An association may not mail or deliver by electronic transmission to a unit’s owner or his or her successor in interest a letterofitsintenttomailordeliver byelectronictransmissionanotice of delinquent assessment pursuant to paragraph (a) of subsection 1, - 80th Session (2019) – 19 – mail or deliver by electronic transmission the notice of delinquent assessment or take any other action to collect a past due obligation from a unit’s owner or his or her successor in interest unless the association has complied with the provisions of subsections 4 and 5 of NRS 116.311625 and [:] subsections 4 and 5 of section 13 of this act and:
(1) A schedule of the fees that may be charged if the unit’s owner fails to pay the past due obligation;
owner fails to pay the past due obligation;be charged if the unit’s (2) A proposed repayment plan;
(2) A proposed repayment plan;
and (b) Within 30 days after the date on which the information described in paragraph (a) is mailed or delivered by electronic - *AB393_R2* – 19 – transmission, as applicable, the past due obligation has not been paid in full or the unit’s owner or his or her successor in interest has not entered into a repayment plan or requested a hearing before the executive board.
and (b) Within 30 days after the date on which the information described in paragraph (a) is mailed or delivered by electronic transmission, as applicable, the past due obligation has not been paid in full or the unit’s owner or his or her successor in interest has not entered into a repayment plan or requested a hearing before the executive board.
The association may not foreclose a lien by sale if the association has not mailed a copy of the notice of default and election to sell and a copy of the notice of sale to each holder of a security interest on the unit in the manner and subject to the requirements set forth in subsection 2 of NRS 116.31163 and paragraph (d) of subsection 1 of NRS 116.311635.
The association may not foreclose a lien by sale if the association has not mailed a copy of the notice of default and election interest on the unit in the manner and subject to the requirements set forth in subsection 2 of NRS 116.31163 and paragraph (d) of subsection 1 of NRS 116.311635.
7.
- 80th Session (2019) – 20 – 7.
or (b) The unit’s owner has failed to pay to the association any amounts enforceable as assessments pursuant to subsection 1 of NRS 116.3116 that become due during the pendency of foreclosure mediation pursuant to NRS 107.086, other than past due obligations as described in subsection 11 of NRS 107.086.
or (b) The unit’s owner has failed to pay to the association any amounts enforceable as assessments pursuant to subsection 1 of NRS 116.3116 that become due during the pendency of foreclosure as described in subsection 11 of NRS 107.086.
Sec.
past due obligations Sec.
“Shutdown” has the meaning ascribed to it in section 4 of this act.
“Shutdown” has the meaning ascribed to it in section of this act.
- *AB393_R2* – 20 – Sec.
Sec.
(a) The mortgage on the property and the risk of foreclosure;
and(a) The mortgage on the property and the risk of foreclosure;
and (b) Any additional financial responsibilities of the landlord, including, without limitation:
(b) Any additional financial responsibilities of the landlord, including, without limitation:
or (b) The landlord may terminate the rental agreement and commence eviction proceedings in accordance with the provisions of chapter 40 of NRS.
or - 80th Session (2019) – 21 – (b) The landlord may terminate the rental agreement and commence eviction proceedings in accordance with the provisions of chapter 40 of NRS.
118A.310 1.
chapter:310 1.
A tenant shall, as basic obligations under this chapter:
A tenant shall, as basic obligations under this [1.
[1.
- *AB393_R2* – 21 – [6.] (f) Not deliberately or negligently render the premises uninhabitable or destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so;
[6.] (f) Not deliberately or negligently render the premises uninhabitable or destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so;
and [7.] (g) Conduct himself or herself and require other persons on the premises with his or her consent to conduct themselves in a manner that will not disturb a neighbor’s peaceful enjoyment of the premises.
and [7.] (g) Conduct himself or herself and require other persons on the premises with his or her consent to conduct themselves in a manner that will not disturb a neighbor’s peaceful enjoyment of the pre2.sesExcept as otherwise provided in section 18.7 of this act:
2.
Except as otherwise provided in section 18.7 of this act:
Sec.
- 80th Session (2019) – 22 – Sec.
(a) The tenant has complained in good faith of a violation of a building, housing or health code applicable to the premises and affecting health or safety to a governmental agency charged with the responsibility for the enforcement of that code;
(a) The tenant has complained in good faith of a violation of a building, housing or health code applicable to the premises and affecting health or safety to a governmental agency charged with the res(b) The tenant has complained in good faith to the landlord or a law enforcement agency of a violation of this chapter or of a specific statute that imposes a criminal penalty;
(b) The tenant has complained in good faith to the landlord or a law enforcement agency of a violation of this chapter or of a specific statute that imposes a criminal penalty;
- *AB393_R2* – 22 – (g) The tenant has complained in good faith to the landlord, a government agency, an attorney, a fair housing agency or any other appropriatebodyofaviolationofNRS118.010to118.120,inclusive, or the Fair Housing Act of 1968, 42 U.S.C.
(g) The tenant has complained in good faith to the landlord, a government agency, an attorney, a fair housing agency or any other appropriatebodyofaviolationofNRS118.010to118.120,inclusive, otherwise exercised rights which are guaranteed or protected under those laws;
§§ 3601 et seq., or has otherwise exercised rights which are guaranteed or protected under those laws;
2.
- 80th Session (2019) – 23 – 2.
(b) The tenancy is terminated with cause;
- *AB393_R2* – 23 – Sec.
22.
Chapter 118B of NRS is hereby amended by adding thereto the provisions set forth as sections 23 to 25.5, inclusive, of this act.
22.
Chapter 118B of NRS is hereby amended by adding this act.he provisions set forth as sections 23 to 25.5, inclusive, of Sec.
“Shutdown” has the meaning ascribed to it in section 4 of this act.
“Shutdown” has the meaning ascribed to it in section of this act.
Sec.
- 80th Session (2019) – 24 – Sec.
(1) Any entrance or exit fee for assuming or leaving occupancy of a manufactured home lot.
occupancy of a manufactured home lot.or assuming or leaving (2) Any transfer or selling fee or commission as a condition to permitting a tenant to sell his or her manufactured home or recreational vehicle within the manufactured home park, even if the manufactured home or recreational vehicle is to remain within the park, unless the landlord is licensed as a dealer of manufactured homes pursuant to NRS 489.311 and has acted as the tenant’s agent in the sale pursuant to a written contract.
(2) Any transfer or selling fee or commission as a condition to permitting a tenant to sell his or her manufactured home or recreational vehicle within the manufactured home park, even if the manufactured home or recreational vehicle is to remain within the park, unless the landlord is licensed as a dealer of manufactured homes pursuant to NRS 489.311 and has acted as the tenant’s agent in the sale pursuant to a written contract.
A tenant may only be required to pay the additional service fee for the duration of the additional service.
the duration of the additional service.e additional service fee for (6) Any fee for a late monthly rental payment within 4 days after the date the rental payment is due or which exceeds $5 for each day, excluding Saturdays, Sundays and legal holidays, which the payment is overdue, beginning on the day after the payment was due.
- *AB393_R2* – 24 – (6) Any fee for a late monthly rental payment within 4 days after the date the rental payment is due or which exceeds $5 for each day, excluding Saturdays, Sundays and legal holidays, which the payment is overdue, beginning on the day after the payment was due.
(8) Any fee, surcharge or rent increase to recover from his or her tenantsthecosts resultingfromconvertingfroma master-metered water system to individual water meters for each manufactured home lot.
(8) Any fee, surcharge or rent increase to recover from his or her tenantsthecosts resultingfromconvertingfroma master-metered - 80th Session (2019) – 25 – water system to individual water meters for each manufactured home lot.
Sec.
118B.150 NRS 1.
27.
NRS 118B.150 is hereby amended to read as follows:
118B.150 1.
(1) Therentchargedaftertheincreaseisthesamerentcharged for manufactured homes of the same size or lots of the same size or of a similar location within the park, including, without limitation, manufactured homes and lots which are held pursuant to a long-term lease, except that a discount may be selectively given to persons who:
(1) The rentchargedaftertheincreaseisthesamerentcharged for manufactured homes of the same size or lots of the same size or of a similar location within the park, including, without limitation, manufactured homes and lots which are held pursuant to a long-term lease, except that a discount may be selectively given to persons who:
and (3) Written notice advising a tenant of the increase is received by the tenant 90 days before the first payment to be increased and written notice of the increase is given to prospective tenants before commencement of their tenancy.
and (3) Written notice advising a tenant of the increase is received written notice of the increase is given to prospective tenants before commencement of their tenancy.
In addition to the notice provided to a tenant pursuant to this subparagraph, if the landlord or his or her - *AB393_R2* – 25 – agent or employee knows or reasonably should know that the tenant receives assistance from the Account, the landlord or his or her agent or employee shall provide to the Administrator written notice of the increase 90 days before the first payment to be increased.
In addition to the notice provided to a tenant pursuant to this subparagraph, if the landlord or his or her agent or employee knows or reasonably should know that the tenant receives assistance from the Account, the landlord or his or her agent or employee shall provide to the Administrator written notice of the increase 90 days before the first payment to be increased.
(c) Require a tenant to pay for a capital improvement to the manufactured home park unless the tenant has notice of the requirement at the time the tenant enters into the rental agreement.
(c) Require a tenant to pay for a capital improvement to the manufactured home park unless the tenant has notice of the - 80th Session (2019) – 26 – requirement at the time the tenant enters into the rental agreement.
The notice must includeacopyoftheproposal.Anoticeinaperiodicpublication of the park does not constitute notice for the purposes of this paragraph.
The notice must includeacopyoftheproposal.Anoticeinaperiodicpublication paragraph.k does not constitute notice for the purposes of this (d) Require a tenant to pay the rent by check or money order.
(d) Require a tenant to pay the rent by check or money order.
(h) Prohibit a tenant from having guests, but the landlord may require the tenant to register the guest within 48 hours after his or her arrival, Sundays and legal holidays excluded, and if the park is a secured park, a guest may be required to register upon entering and leaving.
(h) Prohibit a tenant from having guests, but the landlord may require the tenant to register the guest within 48 hours after his or her secured park, a guest may be required to register upon entering and leaving.
The tenant of a manufactured home lot who is living alone may allow one other - *AB393_R2* – 26 – person to live in his or her home without paying an additional charge or fee, unless such a living arrangement constitutes a violation of chapter 315 of NRS.
The tenant of a manufactured home lot who is living alone may allow one other person to live in his or her home without paying an additional charge or fee, unless such a living arrangement constitutes a violation of chapter 315 of NRS.
(j) Prohibit a tenant fromerecting a fence on the tenant’s lot if the fence complies with any standards for fences established by the landlord, including limitations established for the location and height of fences, the materials used for fences and the manner in which fences are to be constructed.
(j) Prohibit a tenant fromerecting a fence on the tenant’s lot if the fence complies with any standards for fences established by the - 80th Session (2019) – 27 – landlord, including limitations established for the location and height of fences, the materials used for fences and the manner in which fences are to be constructed.
(l) Prohibit a public officer, candidate for public office or the representative of a public officer or candidate for public office from walkingthroughtheparktotalkwiththetenantsordistributepolitical material.
(l) Prohibit a public officer, candidate for public office or the walkingthroughtheparktotalkwiththetenantsordistributepoliticalice from material.
3.
subsection 1 do not apply to a corporate cooperative park.(m) of 4.
The provisions of paragraphs (a), (b), (c), (j) and (m) of subsection 1 do not apply to a corporate cooperative park.
4.
Notwithstanding the expiration of a period of a tenancy or service of a notice pursuant to subsection 1 of NRS 118B.190, the rental agreement described in NRS 118B.190 - *AB393_R2* – 27 – may not be terminated except on one or more of the following grounds:
Notwithstanding the expiration of a period of a tenancy or service of a notice pursuant to subsection 1 of NRS 118B.190, the rental agreement described in NRS 118B.190 may not be terminated except on one or more of the following grounds:
(b) Failure of the tenant to correct any noncompliance with a law, ordinance or governmental regulation pertaining to manufactured homesorrecreationalvehiclesoravalidruleorregulationestablished pursuant to NRS 118B.100 or to cure any violation of the rental agreement within a reasonable time after receiving written notification of noncompliance or violation;
- 80th Session (2019) – 28 – (b) Failure of the tenant to correct any noncompliance with a law, ordinance or governmental regulation pertaining to manufactured homesorrecreationalvehiclesoravalidruleorregulationestablished pursuant to NRS 118B.100 or to cure any violation of the rental agreement within a reasonable time after receiving written notification of noncompliance or violation;
(d) Violation of valid rules of conduct, occupancy or use of park facilities after written notice of the violation is served upon the tenant in the manner provided in NRS 40.280;
(d) Violation of valid rules of conduct, occupancy or use of park in the manner provided in NRS 40.280;e violation is served upon the tenant (e) A change in the use of the land by the landlord pursuant to NRS 118B.180;
(e) A change in the use of the land by the landlord pursuant to NRS 118B.180;
2.
three or more 10-day notices to surrender for failure to pay rent in the preceding 12-month period may have his or her tenancy terminated by the landlord for habitual failure to pay timely rent.
A tenant who is not a natural person and who has received three or more 10-day notices to surrender for failure to pay rent in the preceding 12-month period may have his or her tenancy terminated by the landlord for habitual failure to pay timely rent.
- *AB393_R2* – 28 – Sec.
Sec.
(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.
- 80th Session (2019) – 29 – (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.
(d) The tenant has requested the reduction in rent required by:
(d) (1) NRS 118.165 as a result of a reduction in property taxes.
(1) NRS 118.165 as a result of a reduction in property taxes.
Sec.
thereto a new section to read as follows:amended by adding 1.
30.
Notwithstanding any other provision of law and except as otherwise ordered by a court of competent jurisdiction, if a person liable on a security agreement provides proof that he or she is a federal worker, tribal worker, state worker or household member of such a worker and a shutdown is occurring or has occurred, a person shall not repossess or direct or authorize another person to repossess a vehicle of thatperson duringthe period commencing on the date on which a shutdown begins and ending on the date that is days after the date on which the shutdown ends.
Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1.
Notwithstanding any other provision of law and except as otherwise ordered by a court of competent jurisdiction, if a person liable on a security agreement provides proof that he or she is a federal worker, tribal worker, state worker or household member of such a worker and a shutdown is occurring or has occurred, a person shall not repossess or direct or authorize another person to repossess a vehicle of thatperson duringthe period commencing on - *AB393_R2* – 29 – the date on which a shutdown begins and ending on the date that is 30 days after the date on which the shutdown ends.
(a) Is guilty of a misdemeanor;
- 80th Session (2019) – 30 – (a) Is guilty of a misdemeanor;
(a) “Federal worker” has the meaning ascribed to it in section 3 of this act.
of this act.l worker” has the meaning ascribed to it in section (b) “Household member” has the meaning ascribed to it in section 3.25 of this act.
(b) “Household member” has the meaning ascribed to it in section 3.25 of this act.
(a) Must inform such persons of the provisions of section 30 of this act;
(a) Must inform such persons of the provisions of section 30 of thi(b) Must set forth that there is a right to redeem the vehicle and the total amount required as of the date of the notice to redeem;
(b) Must set forth that there is a right to redeem the vehicle and the total amount required as of the date of the notice to redeem;
and - *AB393_R2* – 30 – [(e)] (f) Must designate the name and address of the person to whom payment must be made.
and [(e)] (f) Must designate the name and address of the person to whom payment must be made.
3.
- 80th Session (2019) – 31 – 3.
In addition, the notice must either set forth the computation or estimate of the amount of any credit for unearned finance charges or cancelled insurance as of the date of the notice or state that such a credit may be available against the amount due.
In addition, the notice must either set forth the computation or estimate of the amount of any credit for unearned finance charges or cancelled be available against the amount due.ce or state that such a credit may Sec.
Sec.
Except as otherwise provided in [subsection 4,] subsections 4 and 5, to be eligible to receive assistance from the Division pursuant to this section, a household must have a household income that is not more than 150 percent of the federally designated level signifying poverty, as determined by the Division.
Except as otherwise provided in [subsection 4,] subsections 4 and 5, to be eligible to receive assistance from the Division pursuant more than 150 percent of the federally designated level signifyingnot poverty, as determined by the Division.
- *AB393_R2* – 31 – [5.] 6.
- 80th Session (2019) – 32 – [5.] 6.
(a) Shall, to the extent practicable, determine the amount of assistance that the household will receive by determining the amount of assistance that is sufficient to reduce the percentage of the household’s income that is spent on natural gas and electricity to the median percentage of household income spent on natural gas and electricity statewide.
(a) Shall, to the extent practicable, determine the amount of assistance that the household will receive by determining the amount household’s income that is spent on natural gas and electricity to the median percentage of household income spent on natural gas and electricity statewide.
(b) Identify and implement appropriate delivery systems to distribute money from the Fund and to provide other assistance pursuant to this section;
(b) Identify and implement appropriate delivery systems to distribute money from the Fund and to provide other assistance pur(c) Coordinate with other federal, state and local agencies that provide energy assistance or conservation services to low-income persons and, to the extent allowed by federal law and to the extent practicable, use the same simplified application forms as those other agencies;
(c) Coordinate with other federal, state and local agencies that provide energy assistance or conservation services to low-income persons and, to the extent allowed by federal law and to the extent practicable, use the same simplified application forms as those other agencies;
[(a)] (1) A tenant of a manufactured home park or mobile home park subject to the provisions of NRS 704.905 to 704.960, inclusive;
- 80th Session (2019) – 33 – [(a)] (1) A tenant of a manufactured home park or mobile home park subject to the provisions of NRS 704.905 to 704.960, inclusive;
and - *AB393_R2* – 32 – [(b)] (2) A tenant who purchases electricity from a landlord as described in paragraph (c) of subsection 2 of NRS 702.090 based on the actual usage of electricity by the tenant.
and [(b)] (2) A tenant who purchases electricity from a landlord as described in paragraph (c) of subsection 2 of NRS 702.090 based on the actual usage of electricity by the tenant.
(b) “Federal worker” has the meaning ascribed to it in section 3 o(c) “Shutdown” has the meaning ascribed to it in section 4 of this act.
(b) “Federal worker” has the meaning ascribed to it in section of this act.
(d) “State worker” has the meaning ascribed to it in section 5 of this act.
(c) “Shutdown” has the meaning ascribed to it in section 4 of this(d) “State worker” has the meaning ascribed to it in section 5 of this act.
H - *AB393_R2*
~~~~~ 19 - 80th Session (2019)
⬇ Download PDF
View plain text versions (4)

Amendments

2 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Chapter 531.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Senate Amendment No. 766 concurred in. To enrollment.

  5. In Assembly.

  6. From printer. To re-engrossment. Re-engrossed. Second reprint. Read third time. Passed, as amended. Title approved. (Yeas: 20, Nays: None, Excused: 1.) To Assembly.

  7. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 766.) To printer.

  8. In Senate. Read first time. Referred to Committee on Judiciary. To committee.

  9. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 41, Nays: None, Excused: 1.) To Senate.

  10. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 308.) To printer.

  11. From printer. To committee.

  12. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

Show all 66 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety housing labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 393 do?
AN ACT relating to governmental administration; prohibiting the foreclosure of real property or a lien against a unit in a common-interest community owned by a federal worker, tribal worker, state worker or household member of such a worker during a government shutdown in certain circumstances; providing certain protections to a tenant who is a federal worker, tribal worker, state worker or household member of such a worker during a government shutdown; prohibiting a person from repossessing the vehicle of a federal worker, tribal worker, state worker or household member of such a worker during a government shutdown; authorizing the provision of assistance in paying for natural gas and electricity to a federal worker, tribal worker, state worker or household member of such a worker during a government shutdown; providing penalties; and providing other matters properly relating thereto.
Who sponsors AB 393?
AB 393 is sponsored by Jason Frierson.
What is the current status of AB 393?
This bill has been enacted into law. Introduced March 21, 2019. Enacted.
Where can I track AB 393?
Track AB 393 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 393

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 393

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →