Nevada 2023 Regular Session Status: Enacted Bipartisan · 10 D · 1 R cosponsors

SB 368 — Revises provisions relating to real property. (BDR 10-989)

Last action — Chapter 457.

Track this bill free

No card. One bill, free forever — alerts when it moves.

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

This bill has been enacted into law. Introduced March 23, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 14, 2023.

Prognosis

Likely to advance 78% · 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.

  • 13 sponsors

    4 primary, 9 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (10 D · 1 R) — cross-party backing.

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.

Bill Text

What changed in the latest version

342 added · 317 removed

Plain-language change summary

The amended SB 368 removes outdated and discriminatory restrictions on real property that limit ownership or use based on race, religion, gender, and other personal characteristics. It now requires the Real Estate Division to create a form to help property owners modify these restrictive covenants and mandates county recorders to notify property owners who have removed such restrictions. This change is significant because it promotes equality in property ownership and use, ensuring that discriminatory practices are no longer enforceable in real estate transactions.

→
Previous
Latest
(Reprinted with amendments adopted on April 17, 2023) FIRST REPRINT S.B.
Senate Bill No.
368 S ENATE B ILLN O.
368–Senators D.
368–SENATORS D.
Harris, Spearman, Donate, Neal;
HARRIS , PEARMAN , DONATE , N EAL;
Cannizzaro, Daly, Dondero Loop, Flores, Krasner, Lange, Nguyen, Pazina and Scheible Joint Sponsors:
C ANNIZZARO , D ALY , D ONDERO LOOP , F LORES , K RASNER , LANGE , NGUYEN , PAZINA AND S CHEIBLE M ARCH 23, 2023 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to real property.
Assemblywomen Bilbray-Axelrod and Hansen CHAPTER..........
(BDR 10-989) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
making appropriations;
Existing law provides that any restriction or prohibition in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing or mortgaging of the real property or purports to limit, restrict or prohibit the use or occupation of the real property on the basis of race, orientation or gender identity or expression is void and unenforceable by operationl of law.
relating to real property that purports to forbid or restrict the conveyance,strument encumbrance, leasing or mortgaging of the real property or purports to limit, restrict or prohibit the use or occupation of the real property on the basis of race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation or gender identity or expression is void and unenforceable by operation of law.
Existing law authorizes an owner of real property that is subject to such a restriction or prohibition to record a declaration of removal of the discriminatory restriction or prohibition by filing a declaration form with the county recorder of the county in which the real property is located.
Existing law authorizes an owner of real property that is subject to such a restriction or prohibition to record a declaration of removal of the discriminatory the county in which the real property is located.
If an owner files such a form, existing law requires the county recorder to attach the declaration form to the - *SB368_R1* – 2 – original recorded instrument to indicate that the discriminatory restriction or prohibition is void.
If an owner files such a form, of existing law requires the county recorder to attach the declaration form to the original recorded instrument to indicate that the discriminatory restriction or prohibition is void.
(NRS 111.237) Section 1.3 of this bill eliminates provisions relating to the filing and recordation of a declaration of removal of a discriminatory restriction or prohibition.
(NRS 111.237) Section 1.3 of this bill eliminates provisions relating to the filing and recordation of a declaration of removal of a discriminatory restriction or discriminatory restriction or prohibition from a written instrument relating to real property.
Instead, section 1.3 prescribes a procedure for removing a property.
Section 1.3 requires an interested person who wishes to remove a discriminatory restriction or prohibition from a written instrument to file a petition in the district court requesting that the court issue an order directing the county recorder to record a restrictive covenant modification document, which redacts from a written instrument any discriminatory restriction or prohibition identified by the court in its order.
Section 1.3 requires an interested person who wishes to remove ang to real discriminatory restriction or prohibition from a written instrument to file a petition in the district court requesting that the court issue an order directing the county recorder to record a restrictive covenant modification document, which redacts from a written instrument any discriminatory restriction or prohibition identified by the court in its order.
If, after considering such a petition and any objections, the void and unenforceable by operation of law, section 1.3 requires the district courtn is to issue an order directing the appropriate county recorder to record a restrictive covenant modification document.
If, after considering such a petition and any objections, the district court determines that a restriction or prohibition identified in a petition is to issue an order directing the appropriate county recorder to record a restrictive covenant modification document.
If the district court issues such an order, section 1.3 authorizes an interested person to record a restrictive covenant modification - 82nd Session (2023) – 2 – document by filing with the appropriate county recorder:
If the district court issues such an order, section 1.3 authorizes an interested person to record a restrictive covenant modification document by filing with the appropriate county recorder:
(1) solicit recommendations concerning the design and of contents of a restrictive covenant modification form;
(1) solicit recommendations concerning the design andt of contents of a restrictive covenant modification form;
Section 2.5 of this bill makes appropriations to the University of Nevada, Las Vegas, and the University of Nevada, Reno, to pay costs associated with:
(1) identifying, locating and mapping certain real property subject to a discriminatory restriction or prohibition;
(2) removing discriminatory restrictions or prohibitions documenting certain information;
and (4) providing education or outreach(3) concerning the procedure prescribed by section 1.3.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *SB368_R1* – 3 – 3.
3.
5.
- 82nd Session (2023) – 3 – prescribed by the Real Estate Division of the Department ofform Business and Industry pursuant to NRS 111.2375.
“Restrictive covenant modification form” means the form prescribed by the Real Estate Division of the Department of Business and Industry pursuant to NRS 111.2375.
Every restriction or prohibition, whether by way of covenant, condition upon use or occupation, or upon transfer of title to real property, which restriction or prohibition directly or indirectly limits the acquisition, use or occupation of such property because of the acquirer’s, user’s or occupier’s race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation, or gender identity or expression is void and unenforceable.
Every restriction or prohibition, whether by way of covenant, condition upon use or occupation, or upon transfer of title to real property, which restriction or prohibition directly or because of the acquirer’s, user’s or occupier’s race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation, or gender identity or expression is void and unenforceable.
(a) Be made on a form prescribed by the [Real Estate Division] clerk of the [Department of Business and Industry pursuant to NRS 111.2375 declaring that all such restrictions] court;
clerk of the [Department of Business and Industry pursuant to NRS 111.2375 declaring that all such restrictions] court;
- *SB368_R1* – 4 – (b) Specifically identify any restriction or [prohibitions are removed from] prohibition the [referenced original] interested person seeks to have redacted from the written instrument [.
(b) Specifically identify any restriction or [prohibitions are removed from] prohibition the [referenced original] interested person seeks to have redacted from the written instrument [.
(1) An affidavit that states that the petitioner meets the definition of “interested person” set forth in subsection 14, if the petitioner is not the owner or owners of the real property;
- 82nd Session (2023) – 4 – (1) An affidavit that states that the petitioner meets the definition of “interested person” set forth in subsection 14, if the petitioner is not the owner or owners of the real property;
5.
property [and] , a copy of the petition must be served upon each owner of the property by mailing a copy of the petition by certified mail, return receipt requested, to each owner at his or her place of residence or to the registered agent of each owner at the address of the registered agent.
If the petitioner is not the owner or owners of the real property [and] , a copy of the petition must be served upon each owner of the property by mailing a copy of the petition by certified mail, return receipt requested, to each owner at his or her place of residence or to the registered agent of each owner at the address of the registered agent.
If the [form is filed with the appropriate county recorder] district court issues an order pursuant to subsection [4,] 7, an interested person may record a restrictive covenant modification document by filing with the appropriate county recorder:
If the [form is filed with the appropriate county recorder] district court issues an order pursuant to subsection [4,] 7, an document by filing with the appropriate county recorder:fication (a) A completed, signed restrictive covenant modification form;
(a) A completed, signed restrictive covenant modification form;
- *SB368_R1* – 5 – 6.
6.
Show all 86 changed rows (46 more)
Previous
Latest
If the form is not filed with the county recorder of the appropriate county pursuant to subsection 4, the county recorder shall transfer the form to the county recorder of the appropriate county for recording and indexing in the manner described in subsection 5.
If the form is not filed with the county recorder of the appropriate county pursuant to subsection 4, the county recorder shall transfer the form to the county recorder of the appropriate - 82nd Session (2023) – 5 – subsection 5.cording and indexing in the manner described in 7.] :
7.] :
or (b) The county recorder for any filing, indexing or recording required pursuant to subsection 9.
or required pursuant to subsection 9.
12.
filing, indexing or recording 12.
(1) Lives with a child under the age of 18 and has:
(1)(I) Lawful custody of the child;
(I) Lawful custody of the child;
orf 18 and has:
or (II) Written permission to live with the child from the person who has lawful custody of the child;
(II) Written permission to live with the child from the person who has lawful custody of the child;
- *SB368_R1* – 6 – (2) A representative of a common-interest community, if the real property is located within a common-interest community.
- 82nd Session (2023) – 6 – real property is located within a common-interest community.if the (3) A nonprofit organization or academic institution whose mission, in whole or in part, is to combat discrimination based upon race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation, or gender identity or expression.
(3) A nonprofit organization or academic institution whose mission, in whole or in part, is to combat discrimination based upon race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation, or gender identity or expression.
2.
(a) Identifying information concerning the original writtening:
[The form must provide for the inclusion of the following:
instrument that contains a prohibition or restriction that is void and unenforceable pursuant to NRS 111.237;
(a) Identifying information concerning the original written instrument that contains a prohibition or restriction that is void and unenforceable pursuant to NRS 111.237;
This declaration removes from the referenced original instrument all provisions that are void and unenforceable pursuant to NRS 111.237 and is valid solely for that purpose;
This declaration removes from the referenced original instrument all provisions that are void and unenforceable pursuan(2) All persons in this State shall have an equal opportunity to inherit, purchase, lease, rent, sell, hold and convey real property without discrimination, distinction or restriction because of race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation or gender identity or expression pursuant to chapter 118 of NRS.
and (2) All persons in this State shall have an equal opportunity to inherit, purchase, lease, rent, sell, hold and convey real property without discrimination, distinction or restriction because of race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation or gender identity or expression pursuant to chapter 118 of NRS.
(a) By the Real Estate Division at its principal office designated pursuant to NRS 645.170 and at each branch office established pursuant to NRS 645.170 and on any Internet website maintained by the Division;
(a) By the Real Estate Division at its principal office designated pursuant to NRS 645.170 and at each branch office established - 82nd Session (2023) – 7 – the Division;
and - *SB368_R1* – 7 – (b) By the county recorder at the office of the county recorder and on any Internet website maintained by the county recorder in his or her official capacity.
and45.170 and on any Internet website maintained by (b) By the county recorder at the office of the county recorder and on any Internet website maintained by the county recorder in his or her official capacity.
(a) The mailing address of the grantee or, if there is no grantee, the mailing address of the person who is requesting the recording of the document;
(a) The mailing address of the grantee or, if there is no grantee, the mailing address of the person who is requesting the recording of the(b) Except as otherwise provided in subsection 2, the assessor’s parcel number of the property at the top left corner of the first page of the document, if the county assessor has assigned a parcel number to the property.
and (b) Except as otherwise provided in subsection 2, the assessor’s parcel number of the property at the top left corner of the first page of the document, if the county assessor has assigned a parcel number to the property.
or (d) Trustee’s deed upon sale, unless the document being recorded contains the name and address of the person to whom a statement of the taxes assessed on the real property is to be mailed.
or unless the document being recorded contains the name and address of the person to whom a statement of the taxes assessed on the real property is to be mailed.
Except as otherwise provided in subsection 6, if a document that is being recorded includes a legal description of real property that is provided in metes and bounds, the document must include the name and mailing address of the person who prepared the legal description.
Except as otherwise provided in subsection 6, if a document that is being recorded includes a legal description of real property that is provided in metes and bounds, the document must include the name and mailing address of the person who prepared the legal - 82nd Session (2023) – 8 – accuracy of the name and mailing address of such a person.
The county recorder is not required to verify the accuracy of the name and mailing address of such a person.
the 6.
6.
If a document including the same legal description described in subsection 5 previously has been recorded, the document must include all information necessary to identify and locate the previous recording, but the name and mailing address of the person who prepared the legal description is not required for the document to be recorded.
If a document including the same legal description described in subsection 5 previously has been recorded, the document must - *SB368_R1* – 8 – include all information necessary to identify and locate the previous recording, but the name and mailing address of the person who prepared the legal description is not required for the document to be recorded.
3.
2.5.
As soon as reasonably practicable on or after October 1, 2023, each county recorder in this State shall provide notice of the provisions of this act to each owner who, before October 1, 2023, recorded a form declaring that a restriction or prohibition is removed from an original written instrument.
1.
There is hereby appropriated from the State General Fund to the University of Nevada, Las Vegas, for the purposes set forth in subsection 3 the following sums:
For the Fiscal Year 2023-2024....................................$75,000 For the Fiscal Year 2024-2025....................................$75,000 2.
There is hereby appropriated from the State General Fund to the University of Nevada, Reno, for the purposes set forth in subsection 3 the following sums:
For the Fiscal Year 2024-2025....................................$75,000 3.
The money appropriated by subsections 1 and 2 must be used by the University of Nevada, Las Vegas, or the University of Nevada, Reno, as applicable, to pay costs associated with:
(a) Identifying, locating and mapping any real property subject to a restriction or prohibition that is void and unenforceable by operation of the law pursuant to NRS 111.237, as amended by section 1.3 of this act;
(b) Removing restrictions or prohibitions that are void and unenforceable by operation of the law from written instruments using the restrictive covenant modification procedure set forth in NRS 111.237, as amended by section 1.3 of this act;
(c) Documenting the history of structural racism in this State, the harm wrought by restrictive covenants and the perseverance of the residents of this State affected by restrictive covenants;
and covenant modification procedure set forth in NRS 111.237, asctive amended by section 1.3 of this act.
4.
Any balance of the sums appropriated by subsections 1 and remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after - 82nd Session (2023) – 9 – September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before SepSec.
3.20,As soon as reasonably practicable on or after October 1, 2023, each county recorder in this State shall provide notice of the provisions of this act to each owner who, before October 1, 2023, recorded a form declaring that a restriction or prohibition is removed from an original written instrument.
(Deleted by amendment.) H - *SB368_R1*
(Deleted by amendment.) Sec.
5.
1.
This section and section 4 of this act become effective upon passage and approval.
2.
Section 2.5 of this act becomes effective on July 1, 2023.
3.
Sections 1 to 2, inclusive, and 3 of this act become effective on October 1, 2023.
~~~~~ 23 - 82nd Session (2023)
⬇ Download PDF
View plain text versions (5)

Amendments

3 amendments

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

Action History

  1. Chapter 457.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 38, Nays: 4.) To Senate. In Senate. Assembly Amendment Nos. 662 and 951 concurred in. To enrollment.

  5. From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 951.) To printer. From printer. To reengrossment. Reengrossed. Third reprint. Taken from General File. Placed on General File for next legislative day.

  6. From printer. To reengrossment. Reengrossed. Second reprint. To committee.

  7. Read second time. Amended. (Amend. No. 662.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  8. From committee: Amend, and do pass as amended.

  9. Notice of eligibility for exemption.

  10. In Assembly. Read first time. Referred to Committee on Judiciary. To committee.

  11. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  12. From printer. To engrossment. Engrossed. First reprint. Taken from General File. Placed on General File for next legislative day.

  13. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 164.) To printer.

  14. From printer. To committee.

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

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

4 sponsors · 9 co-sponsors · 54 not signed on

Sponsors (4)

Co-sponsors (9)

Not signed on (54)

54 members have not signed on to this bill.

Show all 54 →

"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

housing
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

Who sponsors SB 368?
SB 368 is sponsored by Doñate, Fabian (Democratic), Neal, Dina (Democratic), Cannizzaro, Nicole J. (Democratic), Daly, Skip (Democratic), Dondero Loop, Marilyn (Democratic), Flores, Edgar (Democratic), Krasner, Lisa (Republican), Lange, Roberta (Democratic), Nguyen, Rochelle T. (Democratic), Pazina, Julie (Democratic), Scheible, Melanie (Democratic), Pat Spearman, and Harris, Dallas.
What is the current status of SB 368?
This bill has been enacted into law. Introduced March 23, 2023. Enacted.
Where can I track SB 368?
Track SB 368 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 368

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 SB 368

Last checked for changes 3 months ago · updated continuously

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

Track this bill →