SB 40 — Revises provisions related to manufactured housing. (BDR 43-270)

- *SB40_R1* – 5 – 1.

or (b) A contract for sale or other agreement by which the certificate of title [or certificate of ownership] does not pass immediately from the seller to the buyer upon the sale, - 82nd Session (2023) – 5 –  to submit to the Administrator such information regarding the sale as the Administrator deems necessary.

Establishing requirements for the issuance or transfer of a certificate of title [or certificate of ownership] of a mobile home, manufacturedman(a) homeMore orthan aone commercialtransferor coachor intransferee;es cases involving:

(a) More than one transferor or transferee;

The report of sale must be in a form prescribedmanufacturedy bythehome,siomobilend ihome,e a manufacturedof tbuilding, commercial coach or factory-built housing, the Divisionname .and address of the seller and the name and address of the buyer.

[andIf includein connection with the sale a descriptionsecurity interest is taken or retained by the seller or dealer to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the manufactured home, mobile home, manufactured building, commercial coach or factory-built housing, the name and address of the sellersecured andparty theor namean andassignee addressthereof ofmust be entered on the buyer.report of sale.] 2.

If in connection with the sale a security interest is taken or retained by the seller or dealer to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the manufactured home, mobile home, manufactured building, commercial coach or factory-built housing, the name and address of the secured party or an assignee thereof must be entered on the report of sale.] - *SB40_R1* – 6 – 2.

[, which includes a statement that a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing is taxable in the county in which it is located.] A dealer who sells a - 82nd Session (2023) – 6 – new manufactured home, new mobile home, new manufactured building or new commercial coach or new factory-built housing shall deliver the buyer’s copy of the acknowledgment of taxes to the buyer at the time of sale and submit another copy within 30 days after the date of the sale to the county assessor of the county in which the manufactured home, mobile home, manufacturedmanufacturedhe county in building, commercial coach or factory-built housing will be located.

[and include a description of the manufactured home, mobile home, manufactured building, commercial coach or factory-built housing, the name and address ofofg, the seller and the name and address of the buyer.

The dealer shall submit the [original of the] dealer’s report of sale to the Division within 45 days after the execution of all instruments which the contract of sale requires to be executed at the - *SB40_R1* – 7 – time of the sale, unless an extension of time is granted by the Division, together with the endorsed certificate of title [or certificate of ownership] previously issued.

The dealer shall furnish one copy - 82nd Session (2023) – 7 – of the report of sale to the buyer at the time of the sale.

Within 45 days after the sale, the dealer shall furnish one copy of the report of sale to the assessor of the county in which the manufactured home, mobile home, manufactured building, commercial coach or factory- builtbui3. housing will be located.

3.Thesing dealere lshalld.require the buyer to sign an acknowledgment of taxes, on a form prescribed by the Division .

The dealer shall require the buyer to sign an acknowledgment of taxes, on a form prescribed by the Division .

If a used or rebuilt manufactured home, mobile home, manufactured building or commercial coach or used or rebuilt factory-built housing is sold in this State by a person who is notnot(a) aWithin dealer,45 days after the sellersale, orsubmit buyer,to the Division [,] and [a copy] to the county assessor of the county in which the manufactured home, mobile home, manufactured building, commercial coach or both,factory-built shallhousing :is located [, within 45 days after the sale:

(a) Within 45 days after the sale, submit to the Division [,] and [a copy] to the county assessor of the county in which the manufactured home, mobile home, manufactured building, commercial coach or factory-built housing is located [, within 45 days after the sale:

and (2) A statement showing, if not included on the endorsed certificate or document, the description of the manufactured home, - *SB40_R1* – 8 – mobile home, manufactured building, commercial coach or factory- - 82nd Session (2023) – 8 – built housing, the names and addresses of the buyer and seller, and the name and address of any person who takes or retains a purchase money security interest.

(c) If a document of title has not been issued by any public authority, a statement showing all the information and signed and acknowledged in the manner required by subparagraph (2) of paragraph (b).

489.531 [1.] The Division shall not issue a certificate of [ownership] title of a used manufactured home or used mobile home unless the county assessor of the county in which the manufactured home or mobile home was situated at the time of sale has [endorsed on] provided to the [certificate] Division, on a form prescribed by the Division, verification that all personal property taxes on that manufacturedpaid.actured home or mobile home for the fiscal year have been paid.[2.

[2.

- 82nd Session (2023) – 9 – 2.

- *SB40_R1* – 9 – 3.

If a security interest is created by the sale, the certificate of [ownership] title must be issued to the secured party or an assignee thereof, and must show the name of the registered owner.

an assignee 4.

If an applicant who is seeking a certificate of [ownership] title is unable to provide the information required by the Division pursuant to NRS 489.561 and satisfy the Division that the applicant is entitled to a certificate of [ownership] title pursuant to that section, the applicant may obtain a new certificate of [ownership] title from the Division by:

3.- 82nd Session (2023) – 10 – (a) In a form prescribed by the Division;on 1 must be:

The bond required pursuant to subsection 1 must be:

(a) In a form prescribed by the Division;

- *SB40_R1* – 10 – (c) In an amount equal to one and one-half times the most recent assessed value assigned by the relevant county assessor to the manufactured home, mobile home or commercial coach;

or (3) Person acquiring a security interest in the manufactured home, mobile home or commercial coach, and his or her successors in interest,  against any expense, loss or damage because of the issuance of the certificate of [ownership] title or because of any defect in or undisclosed security interest in the applicant’s right or title to the manufactured home, mobile home or commercial coach or the applicant’s interest in the manufactured home, mobile home or commercial coach.

The owner or joint owners of a manufactured home, mobile home or commercial coach may request the Division to issue a certificate of [ownership] title in beneficiary form for the manufactured home, mobile home or commercial coach, as applicable, which includes a directive to the Division to transfer the certificate of [ownership] title upon the death of the owner or upon the death of all joint owners to a beneficiary named on the face of the certificate of [ownership.] title.

and (b)- Be82nd accompaniedSession (2023) – 11 – [ownership.] title.ed by the fee for the issuance of a certificate of [ownership.]3. title.

3.

- *SB40_R1* – 11 – 4.

and (b) The certificate of [ownership] title in beneficiary form may be revokedrevo(1) Sale of the manufactured home, mobile home or commercial coach with proper assignment and delivery of the beneficiarycertificate changedof at[ownership] anytitle timeto by:another person;

(1) Sale of the manufactured home, mobile home or commercial coach with proper assignment and delivery of the certificate of [ownership] title to another person;

Except as otherwise provided in paragraph (b) of subsection 5, the designation of a beneficiary in a certificate of [ownership] title in beneficiary form may not be changed or revoked by will, any other instrument or a change in circumstances, or otherwise changedchangedy or revoked.

and (b) Payment of the fee for a certificate of [ownership,] title,  issue a new certificate of [ownership] title for the manufactured home, mobile home or commercial coach to the surviving owner or owners- or,82nd Session (2023) – 12 – interest., if none, to the beneficiary, subject to any security interest.9.

9.

- *SB40_R1* – 12 – 11.

(b) “Certificate of [ownership] title in beneficiary form” means a certificate of [ownership] title of a manufactured home, mobile home or commercial coach that indicates the present owner or ownerscoach ofand thedesignates manufactureda home,beneficiary.bile mobile home or commercial coachSec. and designates a beneficiary.

Sec.

3.been fully performed, the seller or other secured party who holds the certificate of [ownership] title shall deliver the certificate to the person legally entitled to it with proper evidence of the termination or release of the security interest.

When the contract or terms of the security agreement have been fully performed, the seller or other secured party who holds the certificate of [ownership] title shall deliver the certificate to the person legally entitled to it with proper evidence of the termination or release of the security interest.

and - 82nd Session (2023) – 13 – 2.

489.723other 1.person concerning the sale or exchange of an interest in a or manufactured home, mobile home, manufactured building or commercial coach or factory-built housing must be accounted for by the dealer when:

Any(a) moneyThe that a dealer receives from a client or other person concerning the sale or exchange of anthe interest in athe manufactured home, mobile home, manufactured buildingbuilding, or commercial coach or factory-built housing mustis beexecuted; accounted for by the dealer when:

- *SB40_R1* – 13 – (a) The sale or exchange of the interest in the manufactured home, mobile home, manufactured building, commercial coach or factory-built housing is executed;

Except as otherwise provided in a brokerage agreement or an escrow agreement signed by the parties to a sale or exchange of an interest in a manufactured home, mobile home, manufacturedmanufacturedge of an building or commercial coach or factory-built housing and the escrow agent or escrow officer licensed pursuant to the provisions of chapter 645A or 692A of NRS, no money concerning that sale or exchange held by a dealer may be distributed until:

(b)- Each82nd personSession who(2023) has– a14 financial– interest in the manufactured home, mobile home, manufactured building, commercial coach ororctured factory-built housing has executed a document in a form prescribed by the Division that releases or waives the person’s interest;

- *SB40_R1* – 14 – (a) Makes any false entry on any certificate of origin or certificate of [ownership.] title.

(d) Whether acting individually or as a director, officer or agent of a corporation, violates a provision of the National ManufacturedManufacturednt Housing Construction and Safety Standards Act of 1974, 42 U.S.C.

(d) Acts as a dealer while insolvent or engages in any financial practice which creates a substantial risk of insolvency.insolvency.y financial 3.

3.

(Deleted by amendment.) Sec.- 82nd Session (2023) – 15 – 118B.215 NRS1.

18.

NRS 118B.215 is hereby amended to read as follows:

118B.215 1.

(a) Except as otherwise provided in this subsection, have been a tenant in the same manufactured home park in this State for at least 1 year immediately preceding his or her application for assistance;

(b) Be the registered owner of the manufactured home which is subject to the tenancy, as indicated on the certificate of - *SB40_R1* – 15 – [ownership] title that is issued by the Division pursuant to NRS 489.541;

(1) The federally designated level signifying poverty or [$750, whichever is greater, if the person is the sole occupant] thirty percent of the median family income, as prescribed by the HOME Investment Partnerships Act, 42 U.S.C.

and (e)the Notvalue haveof:ve assets whose value is more than $12,000, excluding the(1) valueThe of:manufactured home which is subject to the tenancy;

(1) The manufactured home which is subject to the tenancy;

 A person who has been a tenant of a manufactured home park in this State for at least 1 year, but has not been a tenant of the manufactured home park in which the tenant resides at the time the tenant applies for assistance for at least 1 year, is eligible for assistance from the Account if the tenant moved to the - 82nd Session (2023) – 16 – manufactured home park in which the tenant resides at the time of his or her application because the tenant was unable to pay the rent at the manufactured home park from which the tenant moved or because that park was closed.

2.applicant pursuant to subsection 1, the Administrator shall exclude from the calculation:

In determining the monthly household income of an applicant pursuant to subsection 1, the Administrator shall exclude from the calculation:

or - *SB40_R1* – 16 – (b) If the applicant is receiving coverage pursuant to Medicare Part B, 42 U.S.C.

 An applicant shall include with his or her request for a waiver all medicalmed4. and financial documents that support his or her request.

4.The Administrator shall adopt regulations establishing:st.

The Administrator shall adopt regulations establishing:

(b)- “Monthly82nd householdSession income”(2023) means– the17 combined– monthly incomes of the occupants of a manufactured home which is subject to the tenancy for which assistance from the Account is requested.

Notwithstanding the provisions of subsection 1, a governing body shall adopt standards for the placement of a manufactured - *SB40_R1* – 17 – home that will not be affixed to a lot within a mobile home park which require that:

(2) Be manufactured within the 6 years immediately preceding the date on which it is affixed to the residential lot;

and (b) If the manufactured home has an elevated foundation, the foundationgoverning isbody.asked masked architecturally in a manner determined by the  The governing body.body of a local government in a county whose population is less than 45,000 may adopt standards that are less restrictive than the standards set forth in this subsection.

 The governing body of a local government in a county whose population is less than 45,000 may adopt standards that are less restrictive than the standards set forth in this subsection.

- 82nd Session (2023) – 18 – 4.

Before a building department issues a permit to place a manufactured home on a lot pursuant to this section, other than a new manufactured home, the owner must surrender the certificate of [ownership] title to the Housing Division of the Department of Businesssurrender andto Industry.the owner who must submit that proof to the building department.

The Division shall provide proof of such a surrender to the owner who must submit that proof to the building department.

An application to place a manufactured home on a residential lot pursuant to this section constitutes an attestation by the owner of the lot that the placement complies with all covenants, conditions and restrictions - *SB40_R1* – 18 – placed on the lot and that the lot is not located within a historic district.

Except as otherwise provided in NRS 118B.213 and 489.265, all money received by the Division pursuant to NRS 118B.185 or any other sourcesou3. must be deposited into the Account.

3.

and (2) Manufactured homes, mobile homes, manufactured buildings, commercial coaches, factory-built housing or manufactured home parks pursuant to chapters 118B, 461, 461A and 489 of NRS;

- 82nd Session (2023) – 19 – (b) Licensing, regulating and inspecting manufacturers, general servicepersons, dealers, responsible managing employees, salespersons, distributors and specialty servicepersons pursuant to chapter 489 of NRS;

(c) Maintaining title records, and issuing certificates of [ownership,] title, property liens and conversions to real property of a mobile home or manufactured home;

- *SB40_R1* – 19 – (b) “Dealer” has the meaning ascribed to it in NRS 489.076.

(h)NRS “Manufactured118B.016.actured home lot” has the meaning ascribed to it in (i) “Manufactured home park” has the meaning ascribed to it in NRS 118B.016.118B.017.

(i) “Manufactured home park” has the meaning ascribed to it in NRS 118B.017.

Sec.- 82nd Session (2023) – 20 – 361.2445 1.

21.A mobile or manufactured home which has beenws:

converted to real property pursuant to NRS 361.2445361.244 ismay herebynot amendedbe removed from the real property to readwhich asit follows:is affixed unless, at least days before removing the mobile or manufactured home:

361.2445 1.

A mobile or manufactured home which has been converted to real property pursuant to NRS 361.244 may not be removed from the real property to which it is affixed unless, at least 30 days before removing the mobile or manufactured home:

and (b) The county tax receiver certifies in writing that all taxes for the fiscal year on the mobile or manufactured home and the real - *SB40_R1* – 20 – property to which the mobile or manufactured home is affixed have been paid.

4.

The Department shall adopt:

For the purposes of this section, the removal of a mobile or manufactured home from real property includes the detachment of - 82nd Session (2023) – 21 – the mobile or manufactured home from its foundation, other than temporarily for the purpose of making repairs or improvements to the mobile or manufactured home or the foundation.

An owner who physically removes a mobile or manufactured home from real property in violation of this section is liable for all legal costs and fees, plus the actual expenses, incurred by a person who holds any interest in the real property to restore the real property to its former condition.

(b) “Owner” means any person who holds an interest in the mobile or manufactured home or the real property to which the mobile or manufactured home is affixed evidenced by a conveyance or other instrument which transfers that interest to him or her and is recorded in the office of the county recorder of the county in which the mobile or manufactured home and real property are situated, but - *SB40_R1* – 21 – does not include the owner or holder of a right-of-way, easement or subsurface property right appurtenant to the real property.

If a certificate of [ownership] title has been issued for a used manufactured home or used mobile home by the Department of Motor Vehicles or the Housing Division of the Department of Business and Industry, it is presumed that the taxes imposed by this chapter have been paid with respect to that manufacturedman2.acAs homeused orin mobilethis home.section, “manufactured home” and “mobile home” have the meanings ascribed to them in NRS 372.316.

2.

As used in this section, “manufactured home” and “mobile home” have the meanings ascribed to them in NRS 372.316.

Notwithstanding the amendatory provisions of this act, any valid certificate of ownership for a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing that was issued by the Housing Division of the - 82nd Session (2023) – 22 – Department of Business and Industry before July 1, 2023, shall be deemed to be a certificate of title issued by the Housing Division of the Department of Business and Industry.

1.changes as necessary so that references to a “certificate of ownership” issued by the Housing Division of the Department of Business and Industry are changed to a “certificate of title” issued by the Housing Division of the Department of Business and Industry;

In preparing the Nevada Revised Statutes, make such changes as necessary so that references to a “certificate of ownership” issued by the Housing Division of the Department of Business and Industry are changed to a “certificate of title” issued by the Housing Division of the Department of Business and Industry;

- *SB40_R1* – 22 – (a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;

TEXT~~~~~ OF23 REPEALED- SECTION82nd 489.551Session Endorsement(2023) of certificate upon transfer.

Except as otherwise provided in NRS 489.564, upon a transfer of the title to or the interest of an owner in a manufactured home, mobile home or commercial coach for which a certificate of ownership is issued interest is to be transferred and the transferee shall write their or signatures with ink upon the certificate of ownership issued for the manufactured home, mobile home or commercial coach, together with the residence address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate.

The signature of the person whose title or interest is to be transferred that is written upon a certificate of ownership pursuant to the provisions of this section must be notarized.

H - *SB40_R1*