AB 298 — Revises provisions governing housing. (BDR 10-249)

(ReprintedAssembly withBill amendmentsNo. adopted on April 21, 2023) FIRST REPRINT A.B.

298298–Assemblywoman AJauregui SSEMBLYCHAPTER.......... BILL N O.

298–ASSEMBLYWOMAN JAUREGUI M ARCH 14, 2023 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions governing housing.

(BDR 10-249) 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.

LegislativeLegiExisting Counsel’slaw Digest:sets forth certain requirements relating to a written rental agreement for the use and occupancy of a dwelling unit or premises, including, without limitation, that the agreement contain provisions relating to fees which are required and the purposes for which they are required.

Existing(NRS law118A.200) setsSection forth2 certain requirements relating to a written rental agreement for the use and occupancy of athis dwellingbill: unit or premises, including, without limitation, that the agreement contain provisions relating to fees which are required and the purposes for which they are required.

(NRS(1) 118A.200)provides Sectionthat 2such a rental agreement also include a separate appendix that contains a clear and concise explanation of each fee that may beebe charged during the term of the rental agreement and the purpose for which the fee may be charged;

(2) requires such appendix to state with specificity for each fee that is variable, that the tenant pays the actual cost incurred by the tenant, and, for each fee that is fixed or provided by a third-party vendor, the tenant pays the authorizedcurrent to enter into a rental agreement on his or her behalf to charge a tenant a fee in an amount orof forthe anyfee; purpose that is not set forth in such an appendix.

-and *AB298_R1*(3) –makes 2it –unlawful Sectionfor 2a furtherlandlord requiresor suchother person authorized to enter into a rental agreement toon includehis aor separateher appendixbehalf thatto containscharge a cleartenant anda concisefee explanationin ofan theamount rightsor offor theany tenantpurpose pursuantthat tois federalnot andset stateforth lawin andsuch localan ordinances.appendix.

Section 2 further requires such a rental agreement to include a separate appendix federal and state law and local ordinances.on of the rights of the tenant pursuant to Section 1 of this bill requires a landlord who collects from a prospective tenant any fee to apply to rent a dwelling unit to arefund differentthe prospectivefee tenant;if the landlord:

and(1) (2)rents does not conduct the activitythedwelling forunit whichto thea feedifferent wasprospective collected.tenant;

Sectionand 1(2) furtherdoes prohibitsnot aconduct landlordthe fromactivity collecting an application fee, a fee to obtain a credit report or a fee to obtain a background check for awhich minor who is a member of the householdfee ofwas thecollected. prospective tenant.

Section 1 further prohibits a landlord from collecting an application fee, a fee to obtain a credit report or a fee to obtain a background check for a minor who is a membSection 4 of this bill provides that during the period beginning July 1, 2023, and ending on December 31, 2024, a landlord shall not renew the rental agreement or enter into a new rental agreement for a dwelling unit with the existing tenant that increases the rent payable by the existing tenant for the dwelling unit in an amount that is more than 10 percent of the rent payable by the existing tenant pursuant to the rental agreement that is in effect on June 30, 2023.

Section 4 further defines “tenant” to mean a person who is entitled under a rental agreement that exists on June 30, 2023, between the person and the landlord to occupy a dwelling unit to the - 82nd Session (2023) – 2 – received pursuant to the federal Social Security Act.der;

or (2) relies on payments THEEXPLANATION PEOPLE– OFMatter THEin STATEbolded OFitalics NEVADA,is REPRESENTEDnew; IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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:

A landlord who collects from a prospective tenant any fee to apply to rent a dwelling unit, including, without limitation, an application fee, a fee to obtain a credit report or a fee to obtain a background check, shall refund the fee to the prospective tenant if a the landlord:

- *AB298_R1* – 3 – Sec.

(c)- Occupancy82nd bySession children(2023) or– pets.3 – (d) Services included with the dwelling rental.

(d) Services included with the dwelling rental.

(m) Information regarding the procedure pursuant to which a tenant may(1) reportA tonuisance.he the appropriate authorities:

(1) A nuisance.

(1) For each fee that is variable, that the cost to be paid by the tenant is the actual cost incurred and that no additional fee - *AB298_R1* – 4 – will be added unless the fee is for a charge incurred by the tenant, including, without limitation, a late fee;

and (2) For each fee that is fixed or provided by a third-party vendor,ven(p) theA currentseparate amountappendix that contains a clear and concise explanation of the fee.rights of the tenant pursuant to federal and state laws and local ordinances.

(p) A separate appendix that contains a clear and concise explanation of the rights of the tenant pursuant to federal and state laws and local ordinances.

In addition to the provisions required by subsection 3, any written rental agreement for a single-family residence which is not signed by an authorized agent of the landlord who at the time of signing holds a permit to engage in property management pursuant to chapter 645 of NRS must contain a disclosure at the top of the first- page82nd ofSession the(2023) agreement,– in4 a– than any other font size atin leastthe twoagreement, timeswhich states that:s larger than(a) anyThere otherare fontrebuttable sizepresumptions in NRS 205.0813 and 205.0817 that the agreement,tenant whichdoes statesnot that:have lawful occupancy of the dwelling unless the agreement:

(a) There are rebuttable presumptions in NRS 205.0813 and 205.0817 that the tenant does not have lawful occupancy of the dwelling unless the agreement:

5.presumption that:

The absence of a written agreement raises a disputable presumption(a) that:There are no restrictions on occupancy by children or pets.

(a) There are no restrictions on occupancy by children or pets.

It is unlawful for a landlord or any person authorized to enter into a rental agreement on his or her behalf to charge a - *AB298_R1* – 5 – tenant a fee in an amount or for any purpose that is not set forth in the appendix to the rental agreement that is required pursuantpursuanth to paragraph (o) of subsection 3.

During the period beginning July 1, 2023, and ending December 31, 2024, a landlord shall not renew the rental agreement or enter into a new rental agreement for a dwelling unit - 82nd Session (2023) – 5 – with the existing tenant of the dwelling unit that increases the rent payable by the existing tenant for the dwelling unit in an amount that is more than 10 percent of the rent payable by the existing tenant pursuant to the rental agreement that is in effect on June 30, 2023.2022.

2.