SB 202 — Revises provisions relating to real property. (BDR 15-729)

(Reprinted with amendments adopted on April 17, 2025) FIRST REPRINT S.B.

202–SENATOR202–SENATORS ELLISON , STONE ;AND STEINBECK FEBRUARY 12, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to housebreakingreal andproperty. unlawful occupancy.

AN ACT relating to crimes;real property;

expanding the crime of unlawful occupancy under certain circumstances;

defining the terms “squatter” and “tenant” for certain purposes relating to summary proceedings for obtaining possession of real property, a dwelling or dwelling unit, a recreational vehicle or a mobile home;

reducing the period for seeking reentry of a dwelling and the return of personal property contained therein under certain circumstances;

UnderExisting existinglaw law,makes it a person commits the crime of housebreaking if the person forcibly enters an uninhabited or vacant dwelling with the intent to takeengage upin suchhousebreaking residency is without the permission of the owner of the dwelling or aneunlawful thatoccupancy. authorized representative of the owner.

(NRS 205.0813)205.0813, 205.0817) Under existing law, a person commits the crime of unlawfulhousebreaking occupancy if the person takesforcibly upenters residence in an uninhabited or vacant dwelling andwith knowsthe orintent hasto reasontake toup believeresidence thator suchprovide residency isto withoutanother permissionand of the owner of the dwelling or an authorized representative of the owner.

(NRS(NRSsion 205.0817)of Thisthe bill205.0813) makesUnder itexisting unlawfullaw, toa purposesperson ofcommits committing the crime of housebreakingunlawful occupancy if the person takes up residence in an uninhabited or unlawfulvacant occupancy.tdwelling forand THEknows PEOPLEor OFhas THEreason STATEto OFbelieve NEVADA,that REPRESENTEDsuch INresidency SENATEis ANDwithout ASSEMBLY,permission DOof ENACTthe ASowner FOLLOWS:of the dwelling or an authorized representative of the owner.

(NRS 205.0817) Sections 1 written rental agreement for purposes of committing the crime of housebreaking orforged unlawful occupancy.

Section 2 also expands the crime of unlawful occupancy to - *SB202_R1* – 2 – make it unlawful to take up residence in a dwelling, regardless of whether it is uninhabited or vacant, if a person knows or has reason to believe that such residency is without permission of the owner of the dwelling or an authorized representative of the owner.

the object of a housebreaking or unlawful occupancy may immediately retakeg that is possession and change the locks on the dwelling;

and (2) an unlawful or unauthorized occupant who has been locked out of such a dwelling may seek reentry.

(NRS 40.412, 40.416) Section 2.3 of this bill defines the terms “squatter” and “tenant” for certain purposes relating to summary proceedings for obtaining possession of real property, a dwelling or dwelling unit, a recreational vehicle or a 2.5 of this bill reduces the period for which:

(1) an unlawful or unauthorizedction occupant who has been locked out of a dwelling has the right to contest the matter by filing a verified complaint for reentry;

and (2) the owner of the dwelling is required to store the personal property of the unlawful or unauthorized occupant before disposing of it.

Section 2.7 of this bill clarifies the process by which an unlawful or unauthorized occupant who has been locked out may seek the return of the personal property of the occupant.

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

A person who forcibly enters an uninhabited or vacant dwelling, who knows or has reason to believe that such entry is without permission of the owner of the dwelling or an authorized representative of the owner or who intentionally procures or offers - *SB202* – 2 – a false or forged written rental agreement, and who has the intent to take up residence or provide a residency to another therein is guilty of housebreaking.

A person convicted of housebreaking and who has previously been convicted three or more times of housebreaking - *SB202_R1* – 3 – must not be released on probation or granted a suspension of sentence.

A person who takes up residence in an[an uninhabited or vacantvacant] a dwelling and who knows or has reason to believe that such residency is without permission of the owner of the dwelling or an authorized representative of the owner or who intentionally procures or offers a false or forged written rental agreement is guilty of unlawful occupancy.

A person convicted of unlawful occupancy and who has been convicted three or more times of unlawful occupancy - *SB202* – 3 – is guilty of a category D felony and shall be punished as provided in NRS 193.130.

2.3.

NRS 40.215 is hereby amended to read as follows:

40.215 As used in NRS 40.215 to 40.425, inclusive, unless the context requires otherwise:

1.

“Dwelling” or “dwelling unit” means a structure or part thereof that is occupied, or designed or intended for occupancy, as a residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.

- *SB202_R1* – 4 – 2.

“Landlord’s agent” means a person who is hired or authorized by the landlord or owner of real property to manage the property or dwelling unit, to enter into a rental agreement on behalf of the landlord or owner of the property or who serves as a person within this State who is authorized to act for and on behalf of the landlord or owner for the purposes of service of process or receiving notices and demands.

A landlord’s agent may also include a successor landlord or a property manager as defined in NRS 645.0195.

“Mobile home” means every vehicle, including equipment, which is constructed, reconstructed or added to in such a way as to have an enclosed room or addition occupied by one or more persons as a residence or sleeping place and which has no foundation other than wheels, jacks, skirting or other temporary support.

4.

“Mobile home lot” means a portion of land within a mobile home park which is rented or held out for rent to accommodate a mobile home.

5.

“Mobile home park” or “park” means an area or tract of land where two or more mobile homes or mobile home lots are rented or held out for rent.

“Mobile home park” or “park” does not include those areas or tracts of land, whether within or outside of a park, where the lots are held out for rent on a nightly basis.

6.

“Premises” includes a mobile home.

7.

“Recreational vehicle” means a vehicular structure primarily designed as temporary living quarters for travel, recreational or camping use, which may be self-propelled or mounted upon or drawn by a motor vehicle.