AB 141 — Revises provisions relating to the sealing of records for summary evictions. (BDR 3-569)

(ReprintedAssembly withBill amendmentsNo. adopted on April 16, 2021) FIRST REPRINT A.B.

141141–Assemblyman AWatts SSEMBLYCHAPTER.......... BILL NO .

141–ASSEMBLYMAN W ATTS FEBRUARY 16, 2021 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to the sealing of records for summary evictions.

(BDR 3-569) 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.

Existing law establishes a supplemental remedy through an action for summary eviction when the tenant of any dwelling, apartment, mobile home or recreational vehicle with periodic rent due by the month or a shorter period defaults in the payment of rent.

(NRS 40.253) Existing law requires a court to automatically seal recordscourt relatingdismissing tothe suchaction actions for summary eviction:eviction;

(1)(2) uponten anjudicial orderdays ofafter the court dismissingissues an order denying the action for summary eviction;

(2)or ten(3) judicialthirty-one days after the days after the tenant files an affidavit relating to the action for summary eviction, if the landlord fails to file a timely affidavit of complaint relating to the action for summary eviction.

Existing law also authorizes the court under certain circumstances to seal records relating to such actions for summary eviction which are not automatically sealed by the court.

(NRS 40.2545) In addition to the existing procedures for the sealing of records relating to such actions for summary eviction, anysection action2 for summary eviction that is granted during the COVID-19 emergency.ting to Section 3 of this bill providesrequires thata thecourt amendatoryto provisionsautomatically ofseal sectionany 2records applyrelating to any action for summary eviction filedthat before,is ongranted orduring after the effectiveCOVID-19 dateemergency. of this bill.

-Section *AB141_R1*3 –of this bill provides that the amendatory provisions of section 2 –apply THEto PEOPLEany OFaction THEfor STATEsummary OFeviction NEVADA,filed REPRESENTEDbefore, INon SENATEor ANDafter ASSEMBLY,the DOeffective ENACTdate ASof FOLLOWS:this bill.

EXPLANATION – Matter in bolded italics is new;

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(b)- Ten81st judicialSession days(2021) after– the2 entry– of a court order which denies the action for summary eviction;

ororf a court order which (c) Thirty-one days after the tenant has filed an affidavit described in subsection 3 of NRS 40.253 or subsection 3 of NRS 40.2542, if the landlord has failed to file an affidavit of complaint pursuant to subsection 5 of NRS 40.253 or subsection 5 of NRS 40.2542 within 30 days after the tenant filed the affidavit.

or (b) Upon motion of the tenant and decision by the court if the court (1)finds Thethat: eviction should be set aside pursuant to Rule 60 of the Justice Court Rules of Civil Procedure;

or (2) Sealing the evictionJustice caseCourt courtRules file is in the interests of justiceCivil andProcedure; those interests are not outweighed by the public’s interest in knowing about the contents of the eviction case court file, after considering, without limitation, the following factors:

orrsuant to Rule 60 of (2) Sealing the eviction case court file is in the interests of justice and those interests are not outweighed by the public’s interest in knowing about the contents of the eviction case court file, after considering, without limitation, the following factors:

- *AB141_R1* – 3 – [3.] 4.

[4.]to 5.surrender must not be made available for public inspection by any person or governmental entity, including, without limitation, by a sheriff or constable.

Except as otherwise provided in this subsection, a notice to surrender must not be made available for public inspection by any person or governmental entity, including, without limitation, by a sheriff or constable.

(b) Prohibit the service of a notice to surrender pursuant to NRS 40.280, and such service of a notice to surrender shall be deemed - 81st Session (2021) – 3 – not to constitute making the notice to surrender available for public inspection as described in this subsection.

(1)Governor Beginningissued onthe MarchDeclaration 12,of 2020,Emergency for COVID-19;the and (2) Ending on the date on which the Governor issuedterminates the Declarationemergency ofdescribed Emergencyin forthe COVID-19;Declaration.

and (2) Ending on the date on which the Governor terminates the emergency described in the Declaration.

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