SB 335 — Revises provisions regarding real property. (BDR 3-883)

(DeletedIf the court determines that an affidavit filed pursuant to subsection 2 is accompanied by amendment.)sufficient Sec.proof, the court shall stay any action for summary eviction initiated by the landlord against the tenant pursuant to subsection 5 of NRS 40.253 until the applicable time described in subsection 4.

(DeletedIf the court grants a stay pursuant to subsection 3, the stay must be maintained by amendment.)the Sec.court until not later than the earliest of:

(a) The date on which the application for rental assistance is no longer pending or a determination is made on the pending application for rental assistance;

(b) The date on which the court grants a motion filed pursuant to subsection 5;

or (c) Sixty days after the date on which the stay is granted.

(DeletedA bylandlord amendment.)may Sec.file a motion to lift a stay issued pursuant to subsection 3.

(DeletedThe bycourt amendment.)may Sec.grant a motion filed pursuant to subsection if, at a hearing conducted on the motion, the court finds that:

- 82nd Session (2023) – 3 – the foreclosure of the premises if the landlord is not able to evict the tenant, including, without limitation, evidence that:

(1) The property is subject to a lien, including, without limitation, a tax lien or lien for charges relating to utilities;

or (2) The landlord has missed three or more consecutive mortgage payments;

(b) The application for rental assistance was submitted in bad faith;

or (c) It is unlikely that:

(1) The application for rental assistance will be granted;

or (2) The tenant will be able to cure the default in the payment of rent, regardless of whether the application for rental assistance is granted.

(DeletedIf bya amendment.)tenant Sec.in bad faith submits an application for rental assistance, the landlord may, in a separate cause of action, recover damages from the tenant.

8.subsection 5, the tenant may, in a separate cause of action, recover from the landlord an amount equal to damages, 1 month’s rent or $1,000, whichever is greater, reasonable attorney’s fees and costs of court.

(Deleted by amendment.) Sec.

If the application for rental assistance is:

(a) Granted in an amount that, together with any other available funds, will allow the tenant to cure the default in the payment of rent:

(1) The landlord must accept payment of rent from the tenant and rental assistance on behalf of the tenant;

and (2) The court must dismiss any action for summary eviction initiated by the landlord against the tenant pursuant to subsection of NRS 40.253.

(b) Denied, or granted in amount that, together with any other available funds, will not allow the tenant to cure the default in the paymen(1) Issue an order lifting the stay;

and (2) Hold a hearing in accordance with the requirements prescribed by subsection 6 of NRS 40.253.

10.

For purposes of subsection 4, an application for rental assistance is no longer pending if the application is not actively being pursued by the tenant, including, without limitation, by providing in a timely manner any information or documentation requested by the person or entity to whom the application was submitted.

- 82nd Session (2023) – 4 – (a) “Pending application for rental assistance” means an application for rental assistance submitted in good faith by a tenant.

The term includes, without limitation, an application which is inactive due to any technical difficulty on the part of the tenant in the filing of the application for rental assistance that is outside of the control of the tenant.

The term does not include an application for rental assistance that was started by the tenant but is not actively being pursued by the tenant.

(b) “Rental assistance” includes, without limitation, federal, state or local funds provided by a governmental entity and administered for the purpose of paying any amount of delinquent rent.

The term does not include rental assistance provided pursuant to the provisions of 42 U.S.C.

§ 1437f.

Sec.

9.1.

InA anytenant designatedagainst whom a landlord files an affidavit of complaint for summary eviction proceeding,pursuant theto tenantsubsection mayof claimsection as2 anof affirmativeAssembly defenseBill that:No.

(a)340 Theof tenantthis hassession amay pendingrequest decision concerning an application for rental assistance;assistance is made.

ora (b)2. The landlord has refused to:

(1)To Participaterequest ina thestay applicationpursuant processto forsubsection rental1, assistance;a tenant must:

or(a) (2)File Acceptthe rentalwritten assistanceanswer onrequired behalfby subsection 6 of thesection tenant.of Assembly Bill No.

2.340 of this session with the court that has jurisdiction over the matter within the time specified by subsection of section 2 of Assembly Bill No.

To340 assertof thethis affirmativesession defenseand describedinclude in subsectionthe 1,answer: a tenant must:

(a)(1) HaveA submittedstatement thethat application for rental assistance before the datetenant onhas whicha thepending landlordapplication filedfor therental complaintassistance; on which the designated eviction proceeding is based;

and (b)(2) ProvideA proofrequest tothat the court ofstay the datepending onaction whichfor thesummary applicationeviction; was submitted.

and (b) Provide proof to the court of the date on which the application for rental assistance was submitted.

If anthe affirmativecourt defensedetermines describedthat ina written answer filed pursuant to subsection 16 isof assertedsection by2 theof tenant:Assembly Bill No.

(a)340 Exceptof asthis otherwisepending providedaction infor subsectionsummary 8, the court shall stay the designated eviction proceeding until the applicable timetimetay the described in subsection 54. or 6;

and4. (b) The landlord may file a motion to rebut the affirmative defense by the tenant.

-If *SB335_R1*the –court 3grants –a 4.stay pursuant to subsection 3, the stay must be maintained by the court until not later than the earliest of:

If(a) aThe landlorddate fileson which the motionapplication describedfor inrental subsectionassistance 3,is no longer pending or a determination is made on the courtpending may:application for rental assistance;

(a)(b) HoldThe adate hearing on which the motion;court grants a motion filed pursuant to subsection 5;

or (b)- Maintain82nd theSession stay(2023) until– the5 applicable– time(c) describedSixty indays subsectionafter 5the ordate 6.on which the stay is granted.

ExceptA aslandlord otherwisemay providedfile ina subsectionmotion 6,to iflift thea affirmativestay defenseissued assertedpursuant wasto thatsubsection described3. in:

(a) Paragraph (a) of subsection 1, the stay of the designated eviction proceeding must be maintained by the court until such time as the application for rental assistance is no longer pending or a determination is made on the pending application for rental assistance, and, except as otherwise provided in subsection 11, if the application for rental assistance is granted, the court must dismiss the designated eviction proceeding at the time that the rental assistance is received by the landlord.

(b) Paragraph (b) of subsection 1, the stay of the designated eviction proceeding must be maintained by the court until such time as the tenant proves the validity of the claim, in which case the court:

(1) Must deny the eviction;

and (2) May award damages to the tenant.

The staycourt ofmay grant a designatedmotion evictionfiled proceedingpursuant mustto subsection i(a) Evidence exists that the landlord faces a realistic threat of the foreclosure of the premises if the landlord is not exceedable 60to days.evict the tenant, including, without limitation, evidence that:

(1) The property is subject to a lien, including, without limitation, a tax lien or lien for charges relating to utilities;

or (2) The landlord has missed three or more consecutive mortgage payments;

(b) The application for rental assistance was submitted in bad faith;

or (c) It is unlikely that:

(1) The application for rental assistance will be granted;

or (2) The tenant will be able to cure the default in the payment of rent, regardless of whether the application for rental assistance is granted.

InIf determining the amount of damages to award a tenant pursuantin tobad subsectionfaith 5,submits thean courtapplication shallfor considerrental assistance, the degreelandlord ofmay, harmin causeda toseparate thecause tenantof byaction, therecover refusaldamages offrom the landlordtenant. to:

(a) Participate in the application process for rental assistance;

or (b) Accept rental assistance on behalf of the tenant.

TheIf courta maylandlord grantin bad faith files a landlordmotion anpursuant exemptionto fromsubsection 5, the requirementtenant tomay, stayin a designatedseparate evictioncause proceedingof pursuantaction, recover from the landlord an amount equal to thisdamages, section1 if:month’s rent or $1,000, whichever is greater, reasonable attorney’s fees and costs of court.

(a) TheGranted landlord:in an amount that, together with any other available funds, will allow the tenant to cure the default in the payment of rent:

(1) ProvidesThe writtenlandlord noticemust toaccept thepayment tenant of therent exemptionfrom sought at the sametenant timeand thatrental noticeassistance relatingon tobehalf theof designated eviction proceeding is served upon the tenant;

and (2) FilesThe a motion with the court formust andismiss exemption from the requirementpending toaction stayfor thesummary designatedeviction. eviction proceeding;

and (b) TheDenied, or granted in amount that, together with any other available funds, will not allow the tenant to cure the default in the payment of rent, the court finds:shall:

(1) ThatIssue therean isorder alifting pendingthe designatedstay; eviction proceeding;

and (2) EvidenceHold that the landlord faces a realistichearing threatin ofaccordance thewith foreclosure of the premisesrequirements ifprescribed theby landlordsubsection is7 notof ableAssembly toBill evictNo. the tenant.

-340 *SB335_R1*of –this 4session. – 9.

If- a82nd tenantSession in(2023) bad– faith6 submits– an10. application for rental assistance or asserts the affirmative defense described in paragraph (a) of subsection 1 in bad faith, the landlord may, in a separate cause of action, recover damages from the tenant.

10.For the purposes of subsection 4, an application for rental assistance is no longer pending if the application is not actively being pursued by the tenant, including, without limitation, by providing in a timely manner any information or application was submitted.

Ifthe aperson landlordor inentity bad faith files a motion for an exemption pursuant to subsectionwhom 8, the tenant11. may, in a separate cause of action, recover from the landlord an amount equal to damages, 1 month’s rent or $1,000, whichever is greater, reasonable attorney’s fees and costs of court.

11.

The provisions of paragraph (a) of subsection 5 which require the court to dismiss the designated eviction proceeding do not apply if the rental assistance received by the landlord does not cure the default of the tenant.

12.

This section does not apply to any proceeding for eviction relating to:

(a) A commercial premises;

or (b) An unlawful detainer pursuant to subsection 4 of NRS 40.2514 or 40.255.

13.

For purposes of subsection 5, an application for rental assistance is no longer pending if the application is not actively being pursued by the tenant, including, without limitation, by providing in a timely manner any information or documentation requested by the person or entity to whom the application was submitted.

14.

Any person or entity to whom a tenant submits a rental assistance application shall use its best efforts to notify the tenant, landlord and court of any determination made on a pending application for rental assistance as soon as reasonably practicable after making the determination.

15.

(a) “Designated“Pending evictionapplication proceeding”for meansrental (1)assistance” Ameans proceedingan application for summaryrental evictionassistance wheresubmitted the tenant has defaulted in thegood paymentfaith ofby rent;a tenant.

(2)The Aterm proceedingincludes, forwithout evictionlimitation, foran unlawfulapplication detainerwhich pursuantis inactive due to NRSany 40.2512;technical difficulty on the part of the tenant in the filing of the application for rental assistance that is outside of the control of the tenant.

or (3) A proceeding for eviction relating to paragraph (a) of subsection 1 of NRS 118B.200.

(b) “Pending application for rental assistance” means an application for rental assistance submitted in good faith by a tenant.

The term includes, without limitation, an application which is inactive due to any technical difficulty on the part of the tenant in the filing of the application for rental assistance.

-(b) *SB335_R1* – 5 – (c) “Rental assistance” includes, without limitation, federal, state or local funds:funds provided by a governmental entity and administered for the purpose of paying any amount of delinquent rent.

(1)The Providedterm bydoes anot governmentalinclude entity;rental assistance provided pursuant to the provisions of 42 U.S.C.

and§ (2)1437f. Administered for the purpose of paying any amount of delinquent rent.

Sec.Secs.

9.2 and 9.3.

(Deleted by amendment.) Sec.

To determine whether a tenant is eligible for a diversion program established pursuant to subsection 1, the court may consider,programs withoutthat limitation,are whetherdesigned theto provide:the tenant is eligible for any programs(a) thatSocial areservices designedwhich toassist provide:tenants in paying delinquent rent;

(a) Social services which assist tenants in paying delinquent rent;

Sec.- 82nd Session (2023) – 7 – summary eviction filed pursuant to subsection 3 of section 6.5 ofr Assembly Bill No.

10.340 of this session was filed in bad faith or as a pretext for evicting a tenant who is in default in the payment of rent, the court must dismiss the proceeding.

Secs.

10-21.

21.2.

NRS 40.253 is hereby amended to read as follows:

40.253 1.

Except as otherwise provided in subsection 12, in addition to the remedy provided in NRS 40.2512 and 40.290 to 40.420, inclusive, when the tenant of any dwelling, apartment, mobile home or recreational vehicle with periodic rent reserved by the month or any shorter period is in default in payment of the rent, the landlord or the landlord’s agent may cause to be served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises:

(a) Before the close of business on the seventh judicial day following the day of service;

or in paragraph (a) and the rent is reserved by a period of 1 week orrth less and the tenancy has not continued for more than 45 days, at or before noon of the fourth full day following the day of service.

 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.

If personal service was not so delivered, the “day of service” means the day the notice is delivered, after posting and mailing pursuant to subsection 2, to the sheriff or constable for service if the request for service is made before noon.

If the request for service by the sheriff or constable is made after noon, the “day of service” shall be deemed to be the day next following the day that the request is made for service by the sheriff or constable.

2.

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 subsection 2 of landlord or the landlord’s agent:

be delivered in person, the (a) Shall post a copy of the notice in a conspicuous place on the premises and mail the notice by overnight mail;

and (b) After the notice has been posted and mailed, may deliver the notice to the sheriff or constable for service in the manner set forth in subsection 1 of NRS 40.280.

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 - 82nd Session (2023) – 8 – procedures for eviction from a short-term tenancy.

Uponh the lawful 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.

3.

A notice served pursuant to subsection 1 or 2 must:

(a) Identify the court that has jurisdiction over the matter;

and (b) Advise the tenant:

(1) Of the tenant’s right to [contest] :

(I) Contest the matter by filing, within the time specified in subsection 1 for the payment of the rent or surrender of the premises, an affidavit with the court that has jurisdiction over the matter stating that the tenant has tendered payment or is not in default in the payment of the rent;

or (II) Request that the court stay any action for summary eviction initiated by the landlord against the tenant using the procedure prescribed by section 9 of this act;

unlawful detainer, the court may issue a summary order for removalof an of the tenant or an order providing for the nonadmittance of the tenant, directing the sheriff or constable of the county to post the order in a conspicuous place on the premises not later than 24 hours after the order is received by the sheriff or constable.

The sheriff or constable shall remove the tenant not earlier than 24 hours but not later than 36 hours after the posting of the order;

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.

4.

If the tenant files such an affidavit at or before the time stated in the notice, the landlord or the landlord’s agent, after receipt provide for the nonadmittance of the tenant to the premises by not locking or otherwise.

5.

Upon noncompliance with the notice:

(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 or recreational vehicle are located or to the district court of the county in which the dwelling, apartment, mobile home or recreational vehicle are located, whichever has jurisdiction over the matter.

The court may - 82nd Session (2023) – 9 – county to post the order in a conspicuous place on the premises not later than 24 hours after the order is received by the sheriff or constable.

The sheriff or constable shall remove the tenant not earlier than 24 hours but not later than 36 hours after the posting of the order.

The affidavit must state or contain:

(1) The date the tenancy commenced.

(2) The amount of periodic rent reserved.

(3) The amounts of any cleaning, security or rent deposits paid in advance, in excess of the first month’s rent, by the tenant.

(4) The date the rental payments became delinquent.

(5) The length of time the tenant has remained in possession without paying rent.

(6) The amount of rent claimed due and delinquent.

(7) A statement that the written notice was served on the tenant in accordance with NRS 40.280.

(8) A copy of the written notice served on the tenant.

(b) Except when the tenant has timely filed the affidavit any.

described in subsection 3 and a file-stamped copy of it has been received by the landlord or the landlord’s agent, and except when the landlord is prohibited pursuant to NRS 118A.480, the landlord or the landlord’s agent may, in a peaceable manner, provide for the nonadmittance of the tenant to the premises by locking or otherwise.

6.

Upon the filing by the tenant of the affidavit permitted in subsection 3, regardless of the information contained in the affidavit, and the filing by the landlord of the affidavit permitted by subsection 5, the justice court or the district court shall hold a hearing, after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section.

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 nonadmittance of the tenant.

If the court determines that there is a legal defense as to the alleged unlawful detainer, the court shall refuse to grant either party any relief, and, except as otherwise provided in this subsection, shall require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive.

The issuance of a summary order for removal of the tenant does not preclude an action by the tenant for any damages or other relief to which the tenant may be entitled.

If the alleged unlawful detainer was based upon subsection 5 of NRS 40.2514, the - 82nd Session (2023) – 10 – thereafter from pursuing an action for unlawful detainer inlandlord accordance with NRS 40.251.

7.

The tenant may, upon payment of the appropriate fees relating to the filing and service of a motion, file a motion with the court, on a form provided by the clerk of the court, to dispute the amount of the costs, if any, claimed by the landlord pursuant to NRS 118A.460 for the inventory, moving and storage of personal property left on the premises.

The motion must be filed within 20 days after the summary order for removal of the tenant or the abandonment of the premises by the tenant, or within 20 days after:

(a) The tenant has vacated or been removed from the premises;

and (b) A copy of those charges has been requested by or provided to the tenant,  whichever is later.

8.

Upon the filing of a motion pursuant to subsection 7, the held within 10 days after the filing of the motion.

The court shall affix the date of the hearing to the motion and order a copy served upon the landlord by the sheriff, constable or other process server.

At the hearing, the court may:

(a) Determine the costs, if any, claimed by the landlord pursuant to NRS 118A.460 and any accumulating daily costs;

and (b) Order the release of the tenant’s property upon the payment of the charges determined to be due or if no charges are determined to be due.

9.

The tenant may, upon payment of the appropriate fees relating to the filing and service of a motion, file a motion with the court on a form provided by the clerk of court to dispute the reasonableness of the actions of a landlord pursuant to subsection 3 of NRS 118A.460.

The motion must be filed within 5 days after the tenant has vacated or been removed from the premises.

Upon the schedule a hearing on the motion.

The hearing must be held within 5 days after the filing of the motion.

The court shall affix the date of the hearing to the motion and order a copy served upon the landlord by the sheriff, constable or other process server.

At the hearing, the court may:

(a) Order the landlord to allow the retrieval of the tenant’s essential personal effects at the date and time and for a period necessary for the retrieval, as determined by the court;

and (b) Award damages in an amount not greater than $2,500.

- 82nd Session (2023) – 11 – awarded under paragraph (b) of subsection 9, the court shall consider:

(a) Whether the landlord acted in good faith;

(b) The course of conduct between the landlord and the tenant;

and (c) The degree of harm to the tenant caused by the landlord’s conduct.

(DeletedA bylandlord amendment.)shall Sec.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 deposit.

As used in this subsection, “security deposit” has the meaning ascribed to it in NRS 118A.240.

(DeletedExcept byas amendment.)otherwise Sec.provided in NRS 118A.315, this sec(a) The tenant of a mobile home lot in a mobile home park or to the tenant of a recreational vehicle lot in an area of a mobile home park in this State other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 8 of NRS 40.215.

(b) A tenant who provides proof to the landlord that he or she is a federal worker, tribal worker, state worker or household member of such a worker during a shutdown.

(DeletedAs byused amendment.)in Sec.this section, “close of business” means the close of business of the court that has jurisdiction over the matter.

14.Sec.

(Deleted21.4. by amendment.) Sec.

15.NRS 40.254 is hereby amended to read as follows:

(Deleted40.254 by1. amendment.) Sec.

16.Except as otherwise provided by specific statute, in addition to the remedy provided in NRS 40.290 to 40.420, inclusive, when the tenant of a dwelling unit, part of a low-rent housing program operated by a public housing authority, a mobile home or a NRS 40.250, 40.251, 40.2514 or 40.2516, the landlord or theuant to landlord’s agent may utilize the summary procedures for eviction as provided in NRS 40.253 except that written notice to surrender the premises must:

(Deleted(a) byBe amendment.)given Sec.to the tenant in accordance with the provisions of NRS 40.280;

17.(b) Advise the tenant of the court that has jurisdiction over the matter;

(Deletedand by(c) amendment.)Advise Sec.the tenant of the tenant’s right to:

18.- 82nd Session (2023) – 12 – business on the fifth judicial day after the day of service of thef notice an affidavit with the court that has jurisdiction over the matter stating the reasons why the tenant is not guilty of an unlawful detainer;

(Deletedor by(2) amendment.)Request Sec.that the court stay the execution of the order for removal of the tenant or order providing for nonadmittance of the tenant for a period not exceeding 10 days pursuant to subsection 2 of NRS 70.010, stating the reasons why such a stay is warranted.

19.2.

(DeletedThe byaffidavit amendment.)of Sec.the landlord or the landlord’s agent submitted to the justice court or the district court must state or contain:

20.(a) The date when the tenancy commenced, the term of the tenancy and, if any, a copy of the rental agreement.

(DeletedIf bythe amendment.)rental Sec.agreement has been lost or destroyed, the landlord or the landlord’s agent may attach an affidavit or declaration, signed under penalty of perjury, stating such loss or destruction.

21.terminated.date when the tenancy or rental agreement allegedly (c) The date when written notice to surrender was given to the tenant pursuant to the provisions of NRS 40.251, 40.2514 or 40.2516, together with any facts supporting the notice.

(Deleted(d) byThe amendment.)date Sec.when the written notice was given, a copy of the notice and a statement that notice was served in accordance with NRS 40.280 and, if applicable, a copy of the notice of change of ownership served on the tenant pursuant to NRS 40.255 if the property has been purchased as a residential foreclosure.

(e) A statement that the claim for relief was authorized by law.

3.

If the court finds that the affidavit of the landlord or the landlord’s agent was submitted in bad faith or as a pretext for evicting a tenant who is in default in the payment of rent, the court must dismiss the proceeding.

4.

If the tenant is found guilty of unlawful detainer as a result 453.552, inclusive, except NRS 453.336, the landlord is entitled too be awarded any reasonable attorney’s fees incurred by the landlord or the landlord’s agent as a result of a hearing, if any, held pursuant to subsection 6 of NRS 40.253 wherein the tenant contested the eviction.

Sec.

The amendatory provisions of this act apply to an action for summary eviction which accrues on or after Octoberthe 1,effective 2023.date of this act.

(Deleted by amendment.) H - *SB335_R1*82nd Session (2023) – 13 – 9.3, 9.5, 10 to 21, inclusive, 22 and 23 of this act become effective upon passage and approval.

2.

Sections 9, 21.2 and 21.4 of this act become effective upon passage and approval if, and only if, Assembly Bill No.

340 of this session is not enacted by the Legislature and approved by the Governor.

3.

Sections 9.1 and 9.7 of this act become effective upon passage and approval if, and only if, Assembly Bill No.

340 of this session is enacted by the Legislature and approved by the Governor.

4.

Sections 9, 9.1, 9.7, 21.2 and 21.4 expire by limitation on June 30, 2025.

~~~~~ 23 - 82nd Session (2023)