As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 118B.011
to 118B.0195 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1975, 783; A 1977, 1448; 1979, 1872; 1981, 1845,
2030; 1985, 2215, 2216; 1989, 1791; 1991, 2271; 2001, 1939 )
“Administrator” means the
chief of the Division.
(Added to NRS by 1985, 2213)
“Capital
improvement” means an addition or betterment made to a manufactured home
park that:
1. Consists of more than the repair or replacement of an existing
facility;
2. Is required by law to be amortized over its useful life for the
purposes of income tax; and
3. Has a useful life of 5 years or more.
(Added to NRS by 1995, 2752; A 2001, 1170 )
A “change” of a rental agreement
includes the renewal of a rental agreement and a new rental agreement.
(Added to NRS by 1989, 1791)
“Corporate
cooperative park” means a manufactured home park owned by a nonprofit
cooperative corporation formed pursuant to chapter 81 of NRS that is wholly owned or controlled by the
tenants of the park.
(Added to NRS by 2001, 1937 )
“Division” means the
Manufactured Housing Division of the Department of Business and Industry.
(Added to NRS by 1985, 2213; A 1993, 1508)
“Landlord” means the owner or
lessor of a manufactured home lot and the owner or lessor of a
manufactured home park.
(Added to NRS by 1985, 2216; A 1987, 977; 2001, 1170 )
“Manager” means the person in
charge or in control of a manufactured home park, whether or not he is
the owner or employed by the owner. The term includes any company chosen
by the landlord to administer or supervise the affairs of the
manufactured home park.
(Added to NRS by 1991, 2270; A 2001, 1170 )
“Manufactured home”
means a vehicular structure without independent motive power, built on a
chassis or frame, which is:
1. Designed to be used with or without a permanent foundation;
2. Capable of being drawn by a motor vehicle; and
3. Used as and suitable for year-round occupancy as a residence,
when connected to utilities, by one person who maintains a household or
by two or more persons who maintain a common household.
Ê The term specifically includes, without limitation, a mobile home that
does not comply with the standards established under the National
Manufactured Housing Construction and Safety Standards Act of 1974, 42
U.S.C. §§ 5401 et seq.
(Added to NRS by 1985, 2216; A 2001, 1170 )
“Manufactured home lot” or “lot” means a portion of land within a
manufactured home park which is rented or held out for rent to
accommodate:
1. A manufactured home; or
2. A recreational vehicle for 3 months or more.
(Added to NRS by 1985, 2216; A 2001, 1171 )
“Manufactured home park” or “park” means an area or tract of land where
two or more manufactured homes or manufactured home lots are rented or
held out for rent. The terms do not include an area or tract of land
where:
1. More than half of the lots are rented overnight or for less
than 3 months for recreational vehicles.
2. Manufactured homes are used occasionally for recreational
purposes and not as permanent residences.
(Added to NRS by 1985, 2216; A 1987, 931; 2001, 1171 )
“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.
(Added to NRS by 1985, 2216)
“Tenant” means the owner of a
manufactured home which is located on a manufactured home lot in a
manufactured home park.
(Added to NRS by 1989, 1791; A 2001, 1171 )
“Terms of a
rental agreement” include:
1. The amount of rent;
2. All services and utilities provided to the tenant; and
3. Any rules and regulations adopted by the landlord.
(Added to NRS by 1989, 1791)
“Utility” includes a public
utility which provides:
1. Electricity;
2. Natural gas;
3. Liquefied petroleum gas;
4. Cable television;
5. Sewer services;
6. Garbage collection; or
7. Water.
(Added to NRS by 1989, 1791)
The provisions of this chapter do not
apply to:
1. Manufactured home parks operated by public housing authorities
and established pursuant to the United States Housing Act of 1937, as
amended (now 42 U.S.C. §§ 1437 et seq.).
2. Any lot in a manufactured home park which is rented or held out
for rent overnight or for less than 3 months.
3. Any recreational vehicle located on a lot described in
subsection 2.
4. Any lot in a manufactured home park or manufactured home on
such a lot which is used occasionally for recreational purposes and not
as a permanent residence.
(Added to NRS by 1979, 1871; A 1981, 1845; 1987, 931; 2001, 1171
)
1. The provisions of this chapter must be administered by the
Division, subject to administrative supervision by the Director of the
Department of Business and Industry.
2. An employee of the Division shall not hold an interest in a
manufactured home park.
(Added to NRS by 1985, 2214; A 1993, 1508; 2001, 1171 )
1. The Administrator shall adopt regulations to carry out the
provisions of this chapter.
2. To carry out the provisions of this chapter, the Administrator
may, upon receiving a complaint alleging a violation of this chapter or
any regulation adopted pursuant thereto:
(a) Issue subpoenas for the production of books, papers and
documents which are strictly relevant to the complaint;
(b) Mediate grievances between landlords and tenants of
manufactured home parks; and
(c) Make inspections and provide technical services necessary to
administer the provisions of this chapter.
3. The Administrator or his representative may inspect at
reasonable times in a reasonable manner the premises and books, papers,
records and documents which are required to enforce the provisions of
this chapter.
(Added to NRS by 1985, 2214; A 1989, 1791; 2001, 1171 )
The
Administrator shall collect economic and demographic data annually from
each manufactured home park, including the amount of rent and rate of
vacancy for each type of lot in the park, and shall prescribe the form
for the collection of such data.
(Added to NRS by 1989, 304; A 1989, 1267; 2001, 1172 )
1. The Administrator may, upon receiving a complaint alleging a
violation of this chapter or any regulation adopted pursuant thereto,
investigate the alleged violation. The Administrator or his
representative shall, upon request, furnish identification during an
investigation. Any information obtained by the Administrator or his
representative in the investigation of a complaint, including the name of
the complainant, is confidential and must not be disclosed unless so
ordered by the Administrator or a court of competent jurisdiction.
2. If the Administrator finds a violation of the provisions of
this chapter or of any regulation adopted pursuant thereto, he may issue
a notice of violation to the person who he alleges has violated the
provision. The notice of violation must set forth the violation which the
Administrator alleges with particularity and specify the corrective
action which is to be taken and the time within which the action must be
taken.
3. If the person to whom a notice of violation is directed fails
to take the corrective action required, the Administrator may:
(a) Extend the time for corrective action;
(b) Request the district attorney of the county in which the
violation is alleged to have occurred to prepare a complaint and procure
the issuance of a summons to the person for the violation; or
(c) Apply to the district court for the judicial district in which
the violation is alleged to have occurred for an injunction and any other
relief which the court may grant to compel compliance. In an action
brought pursuant to this section, the court may award costs and
reasonable attorney’s fees to the prevailing party.
Ê The Administrator may, in addition to or in lieu of any action
authorized by paragraph (a), (b) or (c), impose a fine pursuant to NRS
118B.251 .
4. Any person who violates a provision of this chapter, or a
regulation adopted pursuant thereto, shall pay for the cost incurred by
the division in enforcing the provision.
(Added to NRS by 1985, 2214; A 1991, 846, 2271; 1993, 1469)
If any
person to whom the Administrator has directed a subpoena refuses to
produce any books, papers or documents which the subpoena requires, the
Administrator may apply to the district court for the judicial district
in which the investigation is being carried on for the enforcement of the
subpoena in the manner provided by law for the enforcement of a subpoena
in a civil action. If the person to whom the subpoena was directed
objects that the material not produced is not strictly relevant, the
burden is upon the Administrator to show probable relevance.
(Added to NRS by 1985, 2215)
If any provision of this chapter requires
that notice be given but does not specify the manner in which it must be
given, notice must be given either by personal service or by first-class
mail.
(Added to NRS by 1981, 2030)—(Substituted in revision for NRS
118.237)
If a statute
requires that a tenant obtain the approval of the landlord on a
particular matter and the landlord gives his approval, he shall do so in
writing.
(Added to NRS by 1987, 981)
RENTAL AGREEMENTS; DEPOSITS
1. An approved applicant for residency may request 72 hours to
review the proposed rental agreement or lease, the rules and regulations
of the manufactured home park and other residency documents. Upon
receiving such a request, the landlord shall allow the approved applicant
to review the documents for 72 hours. This review period does not,
however, prevent the landlord from accepting another tenant for the space
or residency while the 72 hours is pending.
2. A rental agreement or lease between a landlord and tenant to
rent or lease any manufactured home lot must be in writing. The landlord
shall give the tenant a copy of the agreement or lease at the time the
tenant signs it.
3. A rental agreement or lease must contain, but is not limited
to, provisions relating to:
(a) The duration of the agreement.
(b) The amount of rent, the manner and time of its payment and the
amount of any charges for late payment and dishonored checks.
(c) Restrictions on occupancy by children or pets.
(d) Services and utilities included with the rental of a lot and
the responsibility of maintaining or paying for them, including the
charge, if any, for cleaning the lots.
(e) Deposits which may be required and the conditions for their
refund.
(f) Maintenance which the tenant is required to perform and any
appurtenances he is required to provide.
(g) The name and address of the owner of the manufactured home park
and his authorized agent.
(h) Any restrictions on subletting.
(i) Any recreational facilities and other amenities provided to the
tenant and any deposits or fees required for their use.
(j) Any restriction of the park to older persons pursuant to
federal law.
(k) The dimensions of the manufactured home lot of the tenant.
(l) A summary of the provisions of NRS 202.470 .
(m) Information regarding the procedure pursuant to which a tenant
may report to the appropriate authorities:
(1) A nuisance.
(2) A violation of a building, safety or health code or
regulation.
(n) Information regarding the right of the tenant to engage in the
display of the flag of the United States, as set forth in NRS 118B.143
.
(o) The amount to be charged each month to the tenant to reimburse
the landlord for the cost of a capital improvement to the manufactured
home park. Such an amount must be stated separately and include the
length of time the charge will be collected and the total amount to be
recovered by the landlord from all tenants in the manufactured home park.
(Added to NRS by 1977, 1446; A 1979, 1872; 1981, 1846, 2031; 1983,
1355; 1985, 2217; 1987, 977; 1989, 1792; 1991, 2272; 1995, 2753; 2001,
1172 , 1353 ; 2003, 30 , 2471 , 2969 )
If a person owns a manufactured home
on a manufactured home lot and the person, either directly or through an
agent, leases the manufactured home to another person, the rental
agreement or lease must include, in addition to any other information
required by law, the following information:
1. The name and address of the person who owns the manufactured
home;
2. The year the manufactured home was manufactured;
3. The year the manufactured home was moved into the manufactured
home park;
4. The year the person acquired the manufactured home; and
5. The date of each inspection of the manufactured home.
(Added to NRS by 2005, 2326 )
Any provision in
a rental agreement or lease for a manufactured home lot which provides
that the tenant:
1. Agrees to waive or forego any rights or remedies afforded by
this chapter;
2. Authorizes any person to confess judgment on any claim arising
out of the rental agreement;
3. Agrees to pay the landlord’s attorney’s fees or costs, or both,
except that the agreement may provide that attorney’s fees may be awarded
to the prevailing party in the event of court action;
4. Agrees to the exculpation or limitation of any liability of the
landlord arising under law or to indemnify the landlord for that
liability or costs connected therewith, if the liability is based upon an
act or omission of the landlord or any agent or employee of the landlord;
5. Agrees to a period within which he will give notice to the
landlord of the termination of his tenancy which is longer than the term
of the lease; or
6. Agrees to pay any additional charge for children or pets,
unless the landlord provides a special service regarding children or pets,
Ê is void. A tenant may recover his actual damages resulting from the
enforcement of such a provision.
(Added to NRS by 1977, 1447; A 1979, 1873; 1985, 2218; 1987, 978;
1991, 2273; 2001, 1172 )
1. Any payment, deposit, fee or other charge which is required by
the landlord in addition to periodic rent, utility charges or service
fees and is collected as prepaid rent or a sum to compensate for any
tenant default is a “deposit” governed by the provisions of this section.
2. The landlord shall maintain a separate record of the deposits.
3. Except as otherwise provided in subsection 4:
(a) All deposits are refundable, and upon termination of the
tenancy, or if the deposit is collected as a sum to compensate for a
tenant default, not more than 5 years after the landlord receives the
deposit, the landlord may claim from a deposit only such amounts as are
reasonably necessary to remedy tenant defaults in the payment of rent,
utility charges or service fees and to repair damage to the park caused
by the tenant. The landlord shall provide the tenant with an itemized
written accounting of the disposition of the deposit.
(b) Any refund must be sent to the tenant within 21 days after the
tenancy is terminated.
4. Each deposit collected as a sum to compensate for a tenant
default must be refunded to the tenant not more than 5 years after the
landlord receives the deposit or upon the termination of the tenancy,
whichever is earlier. The refund must include interest on the amount of
the deposit at the rate required by this subsection, compounded annually,
for the entire period during which the deposit was held by the landlord.
For the purposes of this subsection, the rate of interest must be equal
to the average of the prevailing rates of interest for deposits, as
determined by the Administrator.
5. Upon termination of the landlord’s interest in the manufactured
home park, the landlord shall transfer to his successor in interest that
portion of the deposit remaining after making any deductions allowed
pursuant to this section or refund that portion to the tenant.
6. If the former landlord fails to transfer that portion of the
deposit remaining to the successor in interest or refund it to the tenant
at the time the successor in interest takes possession, the successor
becomes jointly and severally liable with the former landlord for
refunding to the tenant that portion of the deposit to which he is
entitled.
7. If the former landlord fails to transfer or refund the deposit,
the tenant may not be required to pay another deposit until the successor
in interest refunds the deposit to the tenant or provides him with an
itemized written accounting of the statutorily authorized disposition of
the deposit.
8. The claim of the tenant to any deposit to which he is entitled
by law takes precedence over the claim of any creditor of the landlord.
9. The provisions of this section do not apply to a corporate
cooperative park.
(Added to NRS by 1977, 1447; A 1979, 1873; 1987, 978; 1991, 2273;
2001, 1173 , 1939 ; 2003, 2471 )
RIGHTS AND OBLIGATIONS OF LANDLORDS AND TENANTS
Before a tenant signs an
initial rental agreement for a manufactured home lot, the landlord shall,
by separate written document, disclose to him the zoning designations
adopted pursuant to chapter 278 of NRS for
the manufactured home lot to be rented and for each parcel of land
adjoining the manufactured home park.
(Added to NRS by 1989, 961; A 2001, 1173 )
1. If a landlord approves the placement of a manufactured home on
a lot in a park and it is determined after the home is placed on the lot
that the placement of the home does not comply with the requirements of
the local ordinances relating to that placement, the landlord shall pay
the cost to ensure compliance with those requirements.
2. A landlord shall notify any tenant who is bringing a
manufactured home which is new to the manufactured home park into the
manufactured home park that the provisions of NRS 489.311 require that only persons licensed by the State of Nevada as
general servicemen are legally permitted to set up and install a
manufactured home. Before the tenant may bring such a manufactured home
into the manufactured home park, the tenant must provide to the landlord
a copy of the license issued pursuant to NRS 489.311 to the person who will be installing the manufactured home.
(Added to NRS by 1991, 2270; A 2001, 1174 ; 2003, 2472 ; 2005, 1641 )
1. The landlord shall deliver to:
(a) Each new tenant a copy of the current text of the provisions of
this chapter with the rental agreement at the time the tenant signs the
agreement.
(b) Each tenant a copy of each provision of this chapter which is
added, amended or repealed within 180 days after the provision becomes
effective.
2. When the landlord provides a tenant with a copy of any
provision of this chapter pursuant to subsection 1, the copy must contain
a legible and typewritten statement that contains the following contact
information regarding the Division in substantially the following form:
TENANTS OF MANUFACTURED HOME PARKS ARE ENTITLED TO CERTAIN RIGHTS UNDER
NEVADA REVISED STATUTES
To obtain information regarding your rights as a tenant under
Nevada Revised Statutes, you may contact the Manufactured Housing
Division of the Department of Business and Industry as follows:
SOUTHERN NEVADA:
(The address of the Division in Southern Nevada)
(The local telephone number of the Division in Southern Nevada)
NORTHERN NEVADA:
(The address of the Division in Northern Nevada)
(The local telephone number of the Division in Northern Nevada)
INTERNET:
(The Internet address of the Division)
(Added to NRS by 1975, 1111; A 1977, 1451; 1979, 1873; 1981, 2031;
1989, 1792; 1991, 2274; 2003, 2473 ; 2005, 1597 )
1. The landlord of a manufactured home park shall post in a
conspicuous and readily accessible place in the community or recreational
facility in the manufactured home park, at or near the entrance of the
manufactured home park or in another common area in the manufactured home
park, a legible and typewritten sign that contains the following contact
information regarding the Division in substantially the following form:
TENANTS OF MANUFACTURED HOME PARKS ARE ENTITLED TO CERTAIN RIGHTS UNDER
NEVADA REVISED STATUTES
To obtain information regarding your rights as a tenant under
Nevada Revised Statutes, you may contact the Manufactured Housing
Division of the Department of Business and Industry as follows:
SOUTHERN NEVADA:
(The address of the Division in Southern Nevada)
(The local telephone number of the Division in Southern Nevada)
NORTHERN NEVADA:
(The address of the Division in Northern Nevada)
(The local telephone number of the Division in Northern Nevada)
INTERNET:
(The Internet address of the Division)
2. The Division shall notify each landlord if any of the contact
information regarding the Division changes. Not later than 30 days after
receiving such a notice from the Division, the landlord shall replace the
existing sign with a new sign that contains the new contact information
regarding the Division.
(Added to NRS by 2003, 2470 )
Upon payment of the periodic rent by a tenant of a manufactured
home park, the landlord of that park shall issue to the tenant a receipt
which indicates the amount and the date of the payment. The landlord
shall issue the receipt as soon as practicable after payment, but not
later than 5 days after he receives payment.
(Added to NRS by 1995, 2752; A 2001, 1174 ; 2005, 2327 )
If more
than one rental agreement or lease is offered to prospective tenants, the
landlord of a manufactured home park consisting of 25 or more lots shall:
1. Post in a conspicuous and readily accessible place in the
community or recreation facility in the park, at or near the entrance of
the park or other common area in the park, a legible sign indicating in
bold print and bearing the caption “sample rental or lease agreements.”
2. Under the sign indicating “sample rental or lease agreements,”
post a copy of each rental or lease agreement presently offered to
prospective tenants.
3. Provide at the request of a prospective tenant or an existing
tenant, a copy of any lease or rental agreement required to be posted
pursuant to subsection 2.
4. Immediately correct or replace the posted copy of a lease or
rental agreement if new provisions are added to the lease or rental
agreement or if existing provisions are amended or deleted.
5. Provide a copy of the provisions of this section to a
prospective tenant before he signs a rental agreement or lease for a lot.
(Added to NRS by 1991, 904; A 2001, 1174 )
1. The landlord of a manufactured home park shall post in a
conspicuous and readily accessible place in the community or recreational
facility in the manufactured home park, at or near the entrance of the
manufactured home park or other common area in the manufactured home
park, a current report on the quality of the water that is supplied to
the manufactured home park.
2. Except as otherwise provided in subsection 3, the report must
be obtained from the community water system that is the supplier of water
to the manufactured home park. Except as otherwise provided in subsection
4, the landlord shall post the report at least once each year and at such
other times as the community water system may provide an updated report
to the landlord.
3. If a manufactured home park is not a community water system and
does not otherwise obtain water from a community water system, the
landlord of the manufactured home park shall annually cause the water
that is provided to the tenants of the manufactured home park to be
tested in accordance with the standards adopted pursuant to NRS 445A.855
. The test must be performed by a laboratory certified by the
State Environmental Commission pursuant to NRS 445A.863 .
4. Upon receipt of the results of a test performed pursuant to
subsection 3, the landlord shall prepare or cause to be prepared a report
on the quality of the water that is supplied to the tenants of the
manufactured home park. The report must be accurately based upon the
results of the test and prepared in accordance with the standards adopted
by the State Environmental Commission pursuant to NRS 445A.855 for similar reports by community water systems. The landlord
shall post a copy of the most current report in accordance with
subsection 1 and shall deliver a copy of each such report to the State
Environmental Commission.
5. As used in this section, “community water system” has the
meaning ascribed to it in NRS 445A.808 .
(Added to NRS by 2001, 1938 ; A 2005, 558 )
1. The landlord shall disclose in writing to each tenant the:
(a) Name, address and telephone number of the owner and manager or
assistant manager of the manufactured home park; and
(b) Name and address of a person authorized to receive service of
process for the landlord,
Ê and any change thereof.
2. The information must be furnished in writing to each new tenant
on or before the commencement of his tenancy and to each existing tenant.
3. A landlord shall post, or provide to each tenant, the office
hours or landlord’s availability at the park location.
(Added to NRS by 1977, 1447; A 1983, 1356; 1987, 979; 1989, 1793;
2001, 1174 ; 2003, 2473 )
1. A landlord shall notify the Division, in writing, of his
correct name, address and telephone number. If the landlord has employed
a manager or assistant manager, or both, he shall also notify the
Division, in writing, of the name, address and telephone number of any
such manager and assistant manager of his park. After the initial
notification, the landlord shall also send notice of the information
required pursuant to this subsection within 45 days after:
(a) Buying the park.
(b) Opening the park for occupancy.
(c) Changing managers or assistant managers.
(d) Changing his name, address or telephone number.
2. Upon receiving the notice required by subsection 1, the
Administrator shall send the landlord, manager and assistant manager, as
applicable, the text of the provisions of this chapter and a form upon
which the landlord, manager and assistant manager, as applicable, shall
acknowledge that each has received those provisions and has read them.
The landlord, manager and assistant manager, as applicable, shall return
the acknowledged form to the Administrator within 10 days after receiving
it.
(Added to NRS by 1985, 1504; A 1987, 979; 1991, 2274; 1997, 189)
1. Each manager and assistant manager of a manufactured home park
which has 2 or more lots shall complete annually 6 hours of continuing
education relating to the management of a manufactured home park.
2. The Administrator shall adopt regulations specifying the areas
of instruction for the continuing education required by subsection 1.
3. The instruction must include, but is not limited to,
information relating to:
(a) The provisions of chapter 118B of
NRS;
(b) Leases and rental agreements;
(c) Unlawful detainer and eviction as set forth in NRS 40.215
to 40.425 , inclusive;
(d) The resolution of complaints and disputes concerning landlords
and tenants of manufactured home parks; and
(e) The adoption and enforcement of the rules and regulations of a
manufactured home park.
4. Each course of instruction and the instructor of the course
must be approved by the Administrator. The Administrator shall adopt
regulations setting forth the procedure for applying for approval of an
instructor and course of instruction. The Administrator may require
submission of such reasonable information by an applicant as he deems
necessary to determine the suitability of the instructor and the course.
The Administrator shall not approve a course if the fee charged for the
course is not reasonable. Upon approval, the Administrator shall
designate the number of hours of credit allowable for the course.
(Added to NRS by 1991, 1320; A 2001, 1174 ; 2003, 2473 )
1. There are hereby created two regions to provide courses of
continuing education pursuant to NRS 118B.086 . One region is the northern region
consisting of the counties of Washoe, Storey, Douglas, Lyon, Churchill,
Pershing, Humboldt, Lander, Elko, Eureka, Mineral, White Pine and Carson
City, and one region is the southern region consisting of the counties of
Lincoln, Nye, Esmeralda and Clark.
2. The person who applied for approval of a course or his designee
shall notify the Administrator of the date and location each time the
course is offered, as soon as practicable after scheduling the course.
3. The Administrator shall ensure that a course of continuing
education is offered at least every 6 months in each region. If the
Administrator finds that no approved course will be offered to meet the
requirements of this subsection, he shall offer the course and charge a
reasonable fee for each person enrolled in the course.
4. If the fees collected by the Administrator for the course do
not cover the cost of offering the course, the Administrator shall
determine the difference between the fees collected and the cost of
offering the course, divide that amount by the number of manufactured
home parks which have 2 lots or more in the region in which the course
was held and assess that amount to each landlord of such a manufactured
home park. The landlord shall pay the assessment within 30 days after it
was mailed by the Administrator.
(Added to NRS by 1991, 1320; A 2001, 1175 ; 2003, 2474 )
1. Each instructor of a course shall furnish to each person who
completes the course required by NRS 118B.086 a certificate of completion. The certificate
must include:
(a) The name and address of the participant;
(b) The name of the instructor of the course;
(c) The name of the landlord of the manufactured home park who
employs the participant and the address of the park, if the participant
is employed as a manager or assistant manager of a manufactured home park
on the date of completion of the course;
(d) The number of hours of instruction completed; and
(e) The date the course was completed.
2. Each instructor shall furnish to the Administrator the
information included in each certificate of completion he issues within
30 days after the course is completed.
(Added to NRS by 1991, 1321; A 2001, 1175 )
1. The Administrator may impose a fine of not more than $500
against a landlord of a manufactured home park who employs a manager or
assistant manager who has not completed the course of continuing
education required by NRS 118B.086 .
2. The Administrator shall, before imposing the fine, notify the
landlord of the manufactured home park by certified mail that he will
impose the fine unless the landlord, within 30 days after the notice is
mailed, shows cause why the fine should not be imposed.
3. If the Administrator imposes the fine, he shall notify the
landlord of the manufactured home park by certified mail.
4. The imposition of a fine pursuant to this section is a final
decision for the purposes of judicial review.
(Added to NRS by 1991, 1321; A 2001, 1176 )
The landlord shall:
1. Maintain all common areas of the park in a clean and safe
condition;
2. Maintain in good working order all electrical, plumbing and
sanitary facilities, appliances and recreational facilities which he
furnishes;
3. Maintain in a safe and secure location individual mail boxes
for the tenants if the mail is delivered to the landlord for distribution
to the tenants;
4. Maintain all driveways within the park and sidewalks adjacent
to the street; and
5. Remove snow from the sidewalks and streets within the park, and
from sidewalks adjacent to the street.
(Added to NRS by 1977, 1447; A 1983, 1356; 1987, 980; 1989, 1793;
1997, 2983; 1999, 3190 )
1. The landlord shall authorize each manager and assistant manager
to make repairs himself or enter into a contract with a third party for
the repairs. If the repairs are subject to the provisions of NRS 118B.097
, the repairs must be made in
compliance with the provisions of that section.
2. Except as otherwise provided in subsection 3, the manager shall
contract with a third party to provide emergency repairs for the tenants
on the occasions when the manager and assistant manager are not
physically present in the park. The manager shall notify each tenant of
the telephone number of the third party who will make the repairs, and
direct the tenants to call him when an emergency repair is needed and the
manager and assistant manager are not physically present in the park. The
telephone number so provided must be that of the third party directly.
The provision of the telephone number of an answering service does not
fulfill this requirement. If the manager or assistant manager is present
in the park, any request for repairs must be made to him and not the
third party.
3. The provisions of subsection 2 do not apply to a manufactured
home park that is owned by:
(a) A nonprofit organization; or
(b) A housing authority,
Ê if the nonprofit organization or housing authority has established an
alternative method to provide emergency repairs for tenants in a timely
manner.
4. As used in this section, “repairs” means only repairs to the
property of the owner of the manufactured home park.
(Added to NRS by 1987, 977; A 1997, 1100; 2001, 1176 ; 2005, 2327 )
If a repair to a manufactured home may affect life,
health or safety and the repair may be performed legally only by a person
who is qualified by licensure or certification to perform such a repair:
1. A person shall not perform the repair unless he has such
qualifications; and
2. A tenant or a landlord, or his agent or employee, shall not
allow a third party to perform the repair if he knows or, in light of all
the surrounding facts and circumstances, reasonably should know that the
third party does not have such qualifications.
(Added to NRS by 2005, 2326 )
1. The landlord may adopt rules or regulations concerning the
tenant’s use and occupancy of the manufactured home lot and the grounds,
areas and facilities of the manufactured home park held out for the use
of tenants generally.
2. All such rules or regulations must be:
(a) Reasonably related to the purpose for which they are adopted;
(b) Sufficiently explicit in their prohibition, direction or
limitation to inform the tenant of what he must do or not do for
compliance;
(c) Adopted in good faith and not for the purpose of evading any
obligation of the landlord arising under the law;
(d) Consistent with the provisions of this chapter and a general
plan of operation, construction or improvement, and must not arbitrarily
restrict conduct or require any capital improvement by the tenant which
is not specified in the rental agreement or unreasonably require a change
in any capital improvement made by the tenant and previously approved by
the landlord unless the landlord can show that it is in the best interest
of the other tenants; and
(e) Uniformly enforced against all tenants in the park, including
the managers. Any rule or regulation which is not so uniformly enforced
may not be enforced against any tenant.
3. No rule or regulation may be used to impose any additional
charge for occupancy of a manufactured home lot or modify the terms of a
rental agreement.
4. Except as otherwise provided in subsection 5, a rule or
regulation is enforceable against the tenant only if he has notice of it
at the time he enters into the rental agreement. A rule or regulation
adopted or amended after the tenant enters into the rental agreement is
not enforceable unless the tenant consents to it in writing or is given
60 days’ notice of it in writing. The landlord may not adopt or amend a
rule or regulation of the park unless a meeting of the tenants is held to
discuss the proposal and the landlord provides each tenant with notice of
the proposal and the date, time and place of the meeting not less than 60
days before the meeting. The notice must include a copy of the proposed
adoption or amendment of the rule or regulation. A notice in a periodic
publication of the park does not constitute notice for the purposes of
this subsection.
5. A rule or regulation pertaining to recreational facilities in
the manufactured home park must be in writing to be enforceable.
6. As used in this section, “capital improvement” means an
addition or betterment made to a manufactured home located on a lot in a
manufactured home park which is leased by the landlord that:
(a) Consists of more than the repair or replacement of an existing
facility;
(b) Is required by federal law to be amortized over its useful life
for the purposes of income tax; and
(c) Has a useful life of 5 years or more.
(Added to NRS by 1975, 784; A 1977, 1450; 1979, 1873; 1981, 2032;
1983, 1356; 1987, 980; 1989, 1793; 1991, 2275; 1995, 2753; 2001, 1176
)
1. The landlord shall meet with a representative group of tenants
occupying the park, chosen by the tenants, to hear any complaints or
suggestions which concern a matter relevant to the park within 45 days
after he receives a written request to do so which has been signed by
persons occupying at least 25 percent of the lots in the park. The 25
percent must be calculated on the basis of one signature per occupied
lot. The meeting must be held at a time and place which is convenient to
the landlord and the tenants. The representative group of tenants must
consist of no more than five persons.
2. At least 10 days before any meeting is held pursuant to this
section, the landlord or his agent shall post a notice of the meeting in
a conspicuous place in a common area of the park.
3. If the landlord is a:
(a) Sole proprietorship, the owner or an authorized agent or
representative designated by the owner who has working knowledge of the
operations of the park and authority to make decisions shall meet with
the tenants.
(b) Partnership, a partner who has working knowledge of the
operations of the park and authority to make decisions shall meet with
the tenants.
(c) Corporation, an officer designated by the corporation who has
working knowledge of the operations of the park and authority to make
decisions shall meet with the tenants.
4. If an attorney for the landlord attends a meeting held pursuant
to this section, the landlord shall not prohibit the group of tenants
from being represented by an attorney at that meeting.
5. If the landlord of a manufactured home park is a cooperative
association or a corporation for public benefit, the landlord shall
provide a notice of the meeting to the Administrator and the
Administrator or his representative shall attend the meeting.
6. As used in this section:
(a) “Cooperative association” means an association formed pursuant
to the provisions of NRS 81.170 to
81.270 , inclusive.
(b) “Corporation for public benefit” has the meaning ascribed to it
in NRS 82.021 .
(Added to NRS by 1983, 1355; A 1985, 2218; 1987, 981, 982; 1989,
1794; 1995, 2754; 2001, 1177 , 1939 ; 2005, 1598 )
1. The landlord of a manufactured home park may require that a
person submit a written application to and receive written consent from
the landlord before the person moves or causes to be moved a manufactured
home or recreational vehicle into the manufactured home park. The
landlord shall not unreasonably withhold his consent.
2. If the landlord of a manufactured home park requires written
consent pursuant to subsection 1, the landlord shall post and maintain a
sign that is clearly readable at the entrance to the manufactured home
park which advises the reader of the consent that is required before a
person may move or cause to be moved a manufactured home or recreational
vehicle into the manufactured home park.
3. If a person moves or causes to be moved a manufactured home or
recreational vehicle into the manufactured home park without the written
consent of the landlord, if the landlord requires such consent pursuant
to subsection 1, the landlord of that manufactured home park may:
(a) After providing at least 5 days’ written notice to the person,
bring an action for an unlawful detainer in the manner prescribed in
chapter 40 of NRS; or
(b) Require the person to sign a rental agreement. If the person
refuses to sign the rental agreement within 5 days after such a request,
the landlord may, after providing at least 5 days’ written notice to the
person, bring an action for an unlawful detainer in the manner provided
in chapter 40 of NRS.
4. For the purposes of NRS 40.251 , a person who moves or causes to be moved a
manufactured home or recreational vehicle into a manufactured home park
without the written consent of the landlord, if the landlord requires
such consent pursuant to subsection 1, shall be deemed a tenant at will
and a lessee of the manufactured home park.
5. The provisions of this section do not apply to a corporate
cooperative park.
(Added to NRS by 2001, 1937 )
1. The landlord or his agent or employee may:
(a) Require that the tenant landscape and maintain the tenant’s lot
if the landlord advises the tenant in writing of reasonable requirements
for the landscaping.
(b) If the tenant does not comply with the provisions of paragraph
(a), maintain the tenant’s lot and charge the tenant a service fee for
the actual cost of that maintenance.
(c) Require that the manufactured home be removed from the park if
it is unoccupied for more than 90 consecutive days and the tenant or
dealer is not making good faith and diligent efforts to sell it.
2. The landlord shall maintain, in the manner required for the
other tenants, any lot on which is located a manufactured home within the
park which has been repossessed, abandoned or held for rent or taxes. The
landlord is entitled to reimbursement for the cost of that maintenance
from the repossessor or lienholder or from the proceeds of any sale for
taxes, as the case may be.
3. The landlord shall trim all the trees located within the park
and dispose of the trimmings from those trees absent a written voluntary
assumption of that duty by the tenant for trees on the tenant’s lot.
4. For the purposes of this section, a manufactured home shall be
deemed to be abandoned if:
(a) It is located on a lot in a manufactured home park, other than
a cooperative park, for which no rent has been paid for at least 60 days;
(b) It is unoccupied; and
(c) The manager of the manufactured home park reasonably believes
it to be abandoned.
(Added to NRS by 1981, 2029; A 1985, 2218; 1987, 982; 1991, 2275;
1995, 2755; 1999, 3190 ; 2001, 1178 , 1940 ; 2005, 1598 )
A tenant shall
secure the approval of his landlord before beginning construction of any
improvement or addition to his manufactured home or lot which requires a
building permit issued by a local government.
(Added to NRS by 1991, 2270; A 2001, 1178 )
1. A landlord may not change:
(a) An existing park to a park for older persons pursuant to
federal law unless the tenants who do not meet those restrictions and may
lawfully be evicted are moved to other parks at the expense of the
landlord; or
(b) The restriction of a park for older persons pursuant to federal
law unless the tenants are given the option of remaining in their spaces
or moving to other parks at the expense of the landlord.
2. A tenant who elects to move pursuant to a provision of
subsection 1 must give the landlord notice in writing of his election to
move within 75 days after receiving notice of the change in restrictions
in the park. If a landlord is required to move a tenant to another park
pursuant to subsection 1, he shall pay:
(a) The cost of moving the tenant’s manufactured home and its
appurtenances to a new location within 50 miles from the manufactured
home park; or
(b) If the new location is more than 50 miles from the manufactured
home park, the cost of moving the manufactured home for the first 50
miles,
Ê including fees for inspection, any deposits for connecting utilities
and the cost of taking down, moving, setting up and leveling his
manufactured home and its appurtenances in the new lot or park.
3. A landlord of a park in which restrictions have been or are
being changed shall give written notice of the change to each:
(a) Tenant of the park who does not meet the new restrictions.
(b) Prospective tenant before the commencement of the tenancy.
(Added to NRS by 1981, 2029; A 1987, 982; 1991, 2276; 2001, 1178
)
1. Except as otherwise provided in subsection 2, the landlord or
his agent or employee shall not:
(a) Require a person to purchase a manufactured home from him or
any other person as a condition to renting a manufactured home lot to the
purchaser or give an adjustment of rent or fees, or provide any other
incentive to induce the purchase of a manufactured home from him or any
other person.
(b) Charge or receive:
(1) Any entrance or exit fee for assuming or leaving
occupancy of a manufactured home lot.
(2) Any transfer or selling fee or commission as a condition
to permitting a tenant to sell his manufactured home or recreational
vehicle within the manufactured home park, even if the manufactured home
or recreational vehicle is to remain within the park, unless the landlord
is licensed as a dealer of manufactured homes pursuant to NRS 489.311
and has acted as the tenant’s agent in the sale pursuant to a
written contract.
(3) Any fee for the tenant’s spouse or children.
(4) Any fee for pets kept by a tenant in the park. If
special facilities or services are provided, the landlord may also charge
a fee reasonably related to the cost of maintenance of the facility or
service and the number of pets kept in the facility.
(5) Any additional service fee unless the landlord provides
an additional service which is needed to protect the health and welfare
of the tenants, and written notice advising each tenant of the additional
fee is sent to the tenant 90 days in advance of the first payment to be
made, and written notice of the additional fee is given to prospective
tenants on or before commencement of their tenancy. A tenant may only be
required to pay the additional service fee for the duration of the
additional service.
(6) Any fee for a late monthly rental payment within 4 days
after the date the rental payment is due or which exceeds $5 for each
day, excluding Saturdays, Sundays and legal holidays, which the payment
is overdue, beginning on the day after the payment was due. Any fee for
late payment of charges for utilities must be in accordance with the
requirements prescribed by the Public Utilities Commission of Nevada.
(7) Any fee, surcharge or rent increase to recover from his
tenants the costs resulting from converting from a master-metered water
system to individual water meters for each manufactured home lot.
(8) Any fee, surcharge or rent increase to recover from his
tenants any amount that exceeds the amount of the cost for a
governmentally mandated service or tax that was paid by the landlord.
2. Except for the provisions of subparagraphs (3), (4), (6) and
(8) of paragraph (b) of subsection 1, the provisions of this section do
not apply to a corporate cooperative park.
(Added to NRS by 1975, 784; A 1977, 1450; 1979, 1874; 1981, 1237,
1846, 1856, 2032; 1989, 1794; 1995, 919; 1997, 1963; 1999, 3191 ; 2001, 1179 , 1940 )
1. Except as otherwise provided in subsection 2, a landlord or an
agent or employee of a landlord shall not prohibit a tenant from engaging
in the display of the flag of the United States within the boundary of
the lot of the tenant.
2. The provisions of this section do not:
(a) Apply to the display of the flag of the United States for
commercial advertising purposes.
(b) Preclude a landlord or an agent or employee of a landlord from
adopting rules that reasonably restrict the placement and manner of the
display of the flag of the United States by a tenant.
3. In any action commenced to enforce the provisions of this
section, the prevailing party is entitled to recover reasonable
attorney’s fees and costs.
4. As used in this section, “display of the flag of the United
States” means a flag of the United States that is:
(a) Made of cloth, fabric or paper;
(b) Displayed from a pole or staff or in a window; and
(c) Displayed in a manner that is consistent with 4 U.S.C. Chapter
1.
Ê The term does not include a depiction or emblem of the flag of the
United States that is made of balloons, flora, lights, paint, paving
materials, roofing, siding or any other similar building, decorative or
landscaping component.
(Added to NRS by 2003, 2969 )
1. Except as otherwise provided in this subsection, a landlord or
an agent or employee of a landlord shall not prohibit a tenant from
exhibiting a political sign not larger than 24 inches by 36 inches within
the boundary of the lot of the tenant. The restriction placed on a
landlord or an agent or an employee of a landlord relative to a political
sign is applicable only until 7 days after the general or special
election for the office or ballot question to which the sign relates.
2. As used in this section, “political sign” means a sign, display
or device that:
(a) Expresses support for or opposition to a candidate, political
party or ballot question; or
(b) Otherwise relates to a political campaign or election.
(Added to NRS by 1999, 2046 )
1. Except as otherwise provided in subsections 2 and 3, the
landlord or his agent or employee shall not:
(a) Increase rent or additional charges unless:
(1) The rent charged after the increase is the same rent
charged for manufactured homes of the same size or lots of the same size
or of a similar location within the park, including, without limitation,
manufactured homes and lots which are held pursuant to a long-term lease,
except that a discount may be selectively given to persons who:
(I) Are handicapped;
(II) Are 55 years of age or older;
(III) Are long-term tenants of the park if the
landlord has specified in the rental agreement or lease the period of
tenancy required to qualify for such a discount;
(IV) Pay their rent in a timely manner; or
(V) Pay their rent by check, money order or electronic
means;
(2) Any increase in additional charges for special services
is the same amount for each tenant using the special service; and
(3) Written notice advising a tenant of the increase is
received by the tenant 90 days before the first payment to be increased
and written notice of the increase is given to prospective tenants before
commencement of their tenancy. In addition to the notice provided to a
tenant pursuant to this subparagraph, if the landlord or his agent or
employee knows or reasonably should know that the tenant receives
assistance from the Fund created pursuant to NRS 118B.215 , the landlord or his agent or employee shall
provide to the Administrator written notice of the increase 90 days
before the first payment to be increased.
(b) Require a tenant to pay for an improvement to the common area
of a manufactured home park unless the landlord is required to make the
improvement pursuant to an ordinance of a local government.
(c) Require a tenant to pay for a capital improvement to the
manufactured home park unless the tenant has notice of the requirement at
the time he enters into the rental agreement. A tenant may not be
required to pay for a capital improvement after the tenant enters into
the rental agreement unless the tenant consents to it in writing or is
given 60 days’ notice of the requirement in writing. The landlord may not
establish such a requirement unless a meeting of the tenants is held to
discuss the proposal and the landlord provides each tenant with notice of
the proposal and the date, time and place of the meeting not less than 60
days before the meeting. The notice must include a copy of the proposal.
A notice in a periodic publication of the park does not constitute notice
for the purposes of this paragraph.
(d) Require a tenant to pay his rent by check or money order.
(e) Require a tenant who pays his rent in cash to apply any change
to which he is entitled to the next periodic payment that is due. The
landlord or his agent or employee shall have an adequate amount of money
available to provide change to such a tenant.
(f) Prohibit or require fees or deposits for any meetings held in
the park’s community or recreational facility by the tenants or occupants
of any manufactured home or recreational vehicle in the park to discuss
the park’s affairs, or any political meeting sponsored by a tenant, if
the meetings are held at reasonable hours and when the facility is not
otherwise in use, or prohibit the distribution of notices of those
meetings.
(g) Interrupt, with the intent to terminate occupancy, any utility
service furnished the tenant except for nonpayment of utility charges
when due. Any landlord who violates this paragraph is liable to the
tenant for actual damages.
(h) Prohibit a tenant from having guests, but he may require the
tenant to register the guest within 48 hours after his arrival, Sundays
and legal holidays excluded, and if the park is a secured park, a guest
may be required to register upon entering and leaving.
(i) Charge a fee for a guest who does not stay with the tenant for
more than a total of 60 days in a calendar year. The tenant of a
manufactured home lot who is living alone may allow one other person to
live in his home without paying an additional charge or fee, unless such
a living arrangement constitutes a violation of chapter 315 of NRS. No agreement between a tenant and his guest
alters or varies the terms of the rental contract between the tenant and
the landlord, and the guest is subject to the rules and regulations of
the landlord.
(j) Prohibit a tenant from erecting a fence on the tenant’s lot if
the fence complies with any standards for fences established by the
landlord, including limitations established for the location and height
of fences, the materials used for fences and the manner in which fences
are to be constructed.
(k) Prohibit any tenant from soliciting membership in any
association which is formed by the tenants who live in the park. As used
in this paragraph, “solicit” means to make an oral or written request for
membership or the payment of dues or to distribute, circulate or post a
notice for payment of those dues.
(l) Prohibit a public officer, candidate for public office or the
representative of a public officer or candidate for public office from
walking through the park to talk with the tenants or distribute political
material.
(m) If a tenant has voluntarily assumed responsibility to trim the
trees on his lot, require the tenant to trim any particular tree located
on the lot or dispose of the trimmings unless a danger or hazard exists.
2. The landlord is entitled to require a security deposit from a
tenant who wants to use the manufactured home park’s clubhouse, swimming
pool or other park facilities for the tenant’s exclusive use. The
landlord may require the deposit at least 1 week before the use. The
landlord shall apply the deposit to costs which occur due to damage or
cleanup from the tenant’s use within 1 week after the use, if any, and
shall, on or before the eighth day after the use, refund any unused
portion of the deposit to the tenant making the deposit. The landlord is
not required to place such a deposit into a financial institution or to
pay interest on the deposit.
3. The provisions of paragraphs (a), (b), (c), (j) and (m) of
subsection 1 do not apply to a corporate cooperative park.
4. As used in this section, “long-term lease” means a rental
agreement or lease the duration of which exceeds 12 months.
(Added to NRS by 1981, 2028; A 1983, 1357; 1985, 2219; 1987, 983;
1989, 1795; 1991, 2277; 1995, 2755; 1997, 790, 1101, 2984; 1999, 3192
; 2001, 1180 , 1941 ; 2003, 2474 ; 2005, 1599 )
1. Except as otherwise provided in subsection 2, the amount of
rent charged a tenant for a service, utility or amenity upon moving into
the manufactured home park must be reduced proportionately when the
service, utility or amenity is decreased or eliminated by the landlord.
The landlord may not increase the rent to recover the lost revenue.
2. The provisions of this section do not apply to a corporate
cooperative park.
(Added to NRS by 1987, 981; A 1989, 1796; 2001, 1181 , 1943 )
1. A tenant or a landlord, or his agent or employee, shall not
make any connection of electricity, water, natural gas or propane to a
manufactured home except as authorized by law.
2. An employee of the Division who has cause to believe that a
tenant or a landlord, or his agent or employee, has violated subsection 1
shall report the suspected violation to:
(a) The Administrator; and
(b) The appropriate utility.
(Added to NRS by 2005, 2326 )
If a landlord bills a tenant individually for
utility charges derived from a utility bill for the manufactured home
park which represents utility usage for multiple tenants, the landlord
shall post in a conspicuous and readily accessible place in the community
or recreational facility in the manufactured home park or other common
area in the manufactured home park, or provide to each tenant who is
individually billed for the utility charges:
1. A copy of the utility bill for the park; and
2. A statement indicating the portion of the utility bill for
which each tenant is responsible.
(Added to NRS by 2005, 1597 , 2326 )
A landlord must give his tenants at least 24 hours’ notice in
writing when planned repairs of a utility or a service which the
manufactured home park provides will cause interruption of the utility or
service.
(Added to NRS by 1987, 981; A 2001, 1181 )
1. Except as otherwise provided in subsection 2, the landlord or
his agent or employee shall not:
(a) Deny any tenant the right to sell his manufactured home or
recreational vehicle within the park or require the tenant to remove the
manufactured home or recreational vehicle from the park solely on the
basis of the sale, except as otherwise provided in NRS 118B.170 .
(b) Prohibit any tenant desiring to sell his manufactured home or
recreational vehicle within the park from advertising the location of the
home or vehicle and the name of the manufactured home park or prohibit
the tenant from displaying at least one sign of reasonable size
advertising the sale of the home or vehicle.
(c) Require that he be an agent of an owner of a manufactured home
or recreational vehicle who desires to sell the home or vehicle.
(d) Unless subleasing of lots is prohibited by a rental agreement
or lease, prohibit a tenant from subleasing his manufactured home lot if
the prospective subtenant meets the general requirements for tenancy in
the park.
(e) Require a tenant to make any additions to his manufactured home
unless those additions are required by an ordinance of a local government.
(f) Purchase a manufactured home within the park if he has denied:
(1) A tenant the right to sell that manufactured home; or
(2) A prospective buyer the right to purchase that
manufactured home.
2. The provisions of this section do not apply to a corporate
cooperative park.
(Added to NRS by 1981, 2029; A 1989, 1796; 1995, 2756; 1997, 2985;
2001, 1181 , 1943 )
1. The landlord may require approval of a prospective buyer and
tenant before the sale of a tenant’s manufactured home or recreational
vehicle, if the manufactured home or vehicle will remain in the park. The
landlord shall consider the record, if any, of the prospective buyer and
tenant concerning the payment of rent. The landlord shall not
unreasonably withhold his consent.
2. If a tenant sells his manufactured home or recreational
vehicle, the landlord may require that the manufactured home or
recreational vehicle be removed from the park if it is deemed by the
park’s written rules or regulations in the possession of the tenants to
be in a run-down condition or in disrepair or does not meet the safety
standards set forth in NRS 461A.120 . If the manufactured home must be inspected to determine
compliance with the standards, the person requesting the inspection shall
pay for it.
3. If the landlord requires the approval of a prospective buyer
and tenant, he shall:
(a) Post and maintain a sign which is clearly readable at the
entrance to the park which advises the reader that before a manufactured
home in the park is sold, the prospective buyer must be approved by the
landlord.
(b) Approve or deny a completed application from a prospective
buyer and tenant within 10 business days after the date of the submission
of the application.
(c) Inform the prospective buyer and tenant upon the submission of
the completed application of the duty of the landlord to approve or deny
the completed application within 10 business days after the date of
submission of the completed application.
4. If the landlord requires the approval of a prospective buyer
and tenant of a manufactured home or recreational vehicle and the
manufactured home or recreational vehicle is sold without the approval of
the landlord, the landlord may:
(a) After providing at least 5 days’ written notice to the buyer
and tenant, bring an action for an unlawful detainer in the manner
prescribed in chapter 40 of NRS; or
(b) Require the buyer and tenant to sign a rental agreement. If the
buyer and tenant refuse to sign the rental agreement within 5 days after
such a request, the landlord may, after providing at least 5 days’
written notice to the buyer and tenant, bring an action for an unlawful
detainer in the manner provided in chapter 40
of NRS.
5. For the purposes of NRS 40.251 , a person who:
(a) Purchases a manufactured home or recreational vehicle from a
tenant of a manufactured home park which will remain in the park;
(b) Was required to be approved by the landlord of the manufactured
home park before the sale of the manufactured home or recreational
vehicle; and
(c) Was not approved by the landlord before he purchased that
manufactured home or recreational vehicle,
Ê shall be deemed a tenant at will and a lessee of the manufactured home
park.
6. The provisions of this section do not apply to a corporate
cooperative park.
(Added to NRS by 1975, 784; A 1979, 1875; 1981, 1847, 2034; 1985,
2219; 1987, 984; 1991, 2277; 1999, 3193 ; 2001, 1182 , 1944 ; 2005, 1601 )
1. Any landlord who lists a manufactured home park or any part of
a manufactured home park for sale with a licensed real estate broker
shall not less than 10 days nor more than 30 days before listing the park
for sale, mail written notice of that listing to any association of
tenants of the park that requested the notice. A landlord is not required
to provide notice of a listing for sale that is not initiated by the
owner of the park or his authorized agent.
2. To receive the notice required by subsection 1, an association
of tenants of a manufactured home park shall:
(a) Submit to the landlord a written request for that notice;
(b) Furnish the landlord with a written list of the names and
addresses of three members of the association; and
(c) Give written notice to the landlord that the tenants of the
park are interested in buying the park and renew that notice at least
once each year after the initial notice.
3. The provisions of this section do not apply to a corporate
cooperative park.
(Added to NRS by 1987, 930; A 2001, 1183 , 1945 )
1. If a landlord closes a manufactured home park, or if a landlord
is forced to close a manufactured home park because of a valid order of a
state or local governmental agency or court requiring the closure of the
manufactured home park permanently for health or safety reasons, the
landlord shall pay the amount described in subsection 2 or 3, in
accordance with the choice of the tenant.
2. If the tenant chooses to move the manufactured home, the
landlord shall pay to the tenant:
(a) The cost of moving each tenant’s manufactured home and its
appurtenances to a new location within 50 miles from the manufactured
home park; or
(b) If the new location is more than 50 miles from the manufactured
home park, the cost of moving the manufactured home for the first 50
miles,
Ê including fees for inspection, any deposits for connecting utilities,
and the cost of taking down, moving, setting up and leveling the
manufactured home and its appurtenances in the new lot or park.
3. If the tenant chooses not to move the manufactured home, the
manufactured home cannot be moved without being structurally damaged, or
there is no manufactured home park within 50 miles that is willing to
accept the manufactured home, the landlord:
(a) May remove and dispose of the manufactured home; and
(b) Shall pay to the tenant the fair market value of the
manufactured home less the reasonable cost of removing and disposing of
the manufactured home.
4. Written notice of any closure must be served timely on each:
(a) Tenant in the manner provided in NRS 40.280 , giving the tenant at least 180 days after the
date of the notice before he is required to move his manufactured home
from the lot.
(b) Prospective tenant by:
(1) Handing each prospective tenant or his agent a copy of
the written notice; and
(2) Maintaining a copy of the written notice at the entrance
of the manufactured home park.
5. For the purposes of this section, the fair market value of a
manufactured home and the reasonable cost of removing and disposing of a
manufactured home must be determined by:
(a) A dealer licensed pursuant to chapter 489 of NRS who is agreed upon by the landlord and tenant; or
(b) If the landlord and tenant cannot agree pursuant to paragraph
(a), a dealer licensed pursuant to chapter 489 of NRS who is selected for this purpose by the Division.
6. A landlord shall not increase the rent of a tenant after notice
is served on the tenant as required by subsection 4.
7. As used in this section, “timely” means not later than 3 days
after the landlord learns of a closure.
(Added to NRS by 1987, 931; A 1989, 1796; 1991, 2278; 2001, 1183
; 2003, 2476 ; 2005, 1602 , 2327 )
1. A landlord may convert an existing manufactured home park into
individual manufactured home lots for sale to manufactured home owners if
the change is approved by the appropriate local zoning board, planning
commission or governing body. In addition to any other reasons, a
landlord may apply for such approval if the landlord is forced to close
the manufactured home park because of a valid order of a state or local
governmental agency or court requiring the closure of the manufactured
home park for health or safety reasons.
2. The landlord may undertake a conversion pursuant to this
section only if:
(a) The landlord gives notice in writing to each tenant within 5
days after he files his application for the change in land use with the
local zoning board, planning commission or governing body;
(b) The landlord offers, in writing, to sell the lot to the tenant
at the same price the lot will be offered to the public and holds that
offer open for at least 90 days or until the landlord receives a written
rejection of the offer from the tenant, whichever occurs earlier;
(c) The landlord does not sell the lot to a person other than the
tenant for 90 days after the termination of the offer required pursuant
to paragraph (b) at a price or on terms that are more favorable than the
price or terms offered to the tenant;
(d) If a tenant does not exercise his option to purchase the lot
pursuant to paragraph (b), the landlord pays:
(1) The cost of moving the tenant’s manufactured home and
its appurtenances to a comparable location within 50 miles from the
manufactured home park; or
(2) If the new location is more than 50 miles from the
manufactured home park, the cost of moving the manufactured home for the
first 50 miles,
Ê including fees for inspection, any deposits for connecting utilities
and the cost of taking down, moving, setting up and leveling his
manufactured home and its appurtenances in the new lot or park; and
(e) After the landlord is granted final approval of the change by
the appropriate local zoning board, planning commission or governing
body, notice in writing is served on each tenant in the manner provided
in NRS 40.280 , giving the tenant at
least 180 days after the date of the notice before he is required to move
his manufactured home from the lot.
3. Notice sent pursuant to paragraph (a) of subsection 2 or an
offer to sell a manufactured home lot to a tenant required pursuant to
paragraph (b) of subsection 2 does not constitute notice of termination
of the tenancy.
4. Upon the sale of a manufactured home lot and a manufactured
home which is situated on that lot, the landlord shall indicate what
portion of the purchase price is for the manufactured home lot and what
portion is for the manufactured home.
5. The provisions of this section do not apply to a corporate
cooperative park.
(Added to NRS by 1981, 2030; A 1985, 620; 1987, 931; 1989, 1796;
1991, 2278; 2001, 1183 , 1945 ; 2003, 681 ; 2005, 2328 )
1. A landlord may convert an existing manufactured home park to
any other use of the land if the change is approved by the appropriate
local zoning board, planning commission or governing body. In addition to
any other reasons, a landlord may apply for such approval if the landlord
is forced to close the manufactured home park because of a valid order of
a state or local governmental agency or court requiring the closure of
the manufactured home park for health or safety reasons.
2. The landlord may undertake a conversion pursuant to this
section only if:
(a) The landlord gives notice in writing to each tenant within 5
days after he files his application for the change in land use with the
local zoning board, planning commission or governing body;
(b) The landlord pays the amount described in subsection 3 or 4, in
accordance with the choice of the tenant; and
(c) After the landlord is granted final approval of the change by
the appropriate local zoning board, planning commission or governing
body, written notice is served on each tenant in the manner provided in
NRS 40.280 , giving the tenant at least
180 days after the date of the notice before he is required to move his
manufactured home from the lot.
3. If the tenant chooses to move the manufactured home, the
landlord shall pay to the tenant:
(a) The cost of moving the tenant’s manufactured home and its
appurtenances to a new location within 50 miles from the manufactured
home park; or
(b) If the new location is more than 50 miles from the manufactured
home park, the cost of moving the manufactured home for the first 50
miles,
Ê including fees for inspection, any deposits for connecting utilities
and the cost of taking down, moving, setting up and leveling his
manufactured home and its appurtenances in the new lot or park.
4. If the tenant chooses not to move the manufactured home, the
manufactured home cannot be moved without being structurally damaged, or
there is no manufactured home park within 50 miles that is willing to
accept the manufactured home, the landlord:
(a) May remove and dispose of the manufactured home; and
(b) Shall pay to the tenant the fair market value of the
manufactured home less the reasonable cost of removing and disposing of
the manufactured home.
5. A landlord shall not increase the rent of any tenant:
(a) For 180 days before filing an application for a change in land
use, permit or variance affecting the manufactured home park; or
(b) At any time after filing an application for a change in land
use, permit or variance affecting the manufactured home park unless:
(1) The landlord withdraws the application or the
appropriate local zoning board, planning commission or governing body
denies the application; and
(2) The landlord continues to operate the manufactured home
park after the withdrawal or denial.
6. For the purposes of this section, the fair market value of a
manufactured home and the reasonable cost of removing and disposing of a
manufactured home must be determined by:
(a) A dealer licensed pursuant to chapter 489 of NRS who is agreed upon by the landlord and tenant; or
(b) If the landlord and tenant cannot agree pursuant to paragraph
(a), a dealer licensed pursuant to chapter 489 of NRS who is selected for this purpose by the Division.
7. The provisions of this section do not apply to a corporate
cooperative park.
(Added to NRS by 1987, 930; A 1989, 1797; 1991, 2279; 2001, 1184
, 1946 ; 2003, 2477 ; 2005, 1603 , 2329 )
1. Each owner of a manufactured home park shall pay to the
division an annual fee established by the Administrator which must not
exceed $5 for each lot within that park.
2. If an owner fails to pay the fee within 30 days after receiving
written notice of its amount, a penalty of 50 percent of the amount of
the fee must be added. The owner is not entitled to any reimbursement of
this penalty from his tenants.
3. All fees collected by the Division pursuant to subsection 1
must be deposited in the State Treasury for credit to the Account for
Regulating Manufactured Home Parks within the Fund for Manufactured
Housing created pursuant to NRS 489.491 . All expenses related to the regulation of manufactured home
parks must be paid from the Account. The Account must not be used for any
other purpose. Claims against the Account must be paid as other claims
against the State are paid.
(Added to NRS by 1985, 2215; A 1989, 1469; 1991, 2279; 1995, 921;
2001, 1184 )
TERMINATION OF RENTAL AGREEMENT BY LANDLORD
1. A written agreement between a landlord and tenant for the
rental or lease of a manufactured home lot in a manufactured home park in
this state, or for the rental or lease of a lot for a recreational
vehicle in an area of a manufactured home park in this state other than
an area designated as a recreational vehicle lot pursuant to the
provisions of subsection 6 of NRS 40.215 , must not be terminated by the landlord except
upon notice in writing to the tenant served in the manner provided in NRS
40.280 :
(a) Except as otherwise provided in paragraph (b), 5 days in
advance if the termination is because the conduct of the tenant
constitutes a nuisance as defined in NRS 40.140 or violates a state law or local ordinance.
(b) Three days in advance upon the issuance of temporary writ of
restitution pursuant to NRS 40.300 on
the grounds that a nuisance as defined in NRS 40.140 has occurred in the park by the act of a
tenant or any guest, visitor or other member of a tenant’s household
consisting of any of the following specific activities:
(1) Discharge of a weapon.
(2) Prostitution.
(3) Illegal drug manufacture or use.
(4) Child molestation or abuse.
(5) Property damage as a result of vandalism.
(6) Operating a vehicle while under the influence of alcohol
or any other controlled substance.
(7) Elder molestation or abuse.
(c) Except as otherwise provided in subsection 6, 10 days in
advance if the termination is because of failure of the tenant to pay
rent, utility charges or reasonable service fees.
(d) One hundred eighty days in advance if the termination is
because of a change in the use of the land by the landlord pursuant to
NRS 118B.180 .
(e) Forty-five days in advance if the termination is for any other
reason.
2. The landlord shall specify in the notice the reason for the
termination of the agreement. The reason relied upon for the termination
must be set forth with specific facts so that the date, place and
circumstances concerning the reason for the termination can be
determined. The termination must be in accordance with the provisions of
NRS 118B.200 and reference alone to a
provision of that section does not constitute sufficient specificity
pursuant to this subsection.
3. The service of such a notice does not enhance the landlord’s
right, if any, to enter the tenant’s manufactured home. Except in an
emergency, the landlord shall not enter the manufactured home of the
tenant served with such a notice without the tenant’s permission or a
court order allowing the entry.
4. If a tenant remains in possession of the manufactured home lot
after expiration of the term of the rental agreement, the tenancy is from
week to week in the case of a tenant who pays weekly rent, and in all
other cases the tenancy is from month to month. The tenant’s continued
occupancy is on the same terms and conditions as were contained in the
rental agreement unless specifically agreed otherwise in writing.
5. The landlord and tenant may agree to a specific date for
termination of the agreement. If any provision of this chapter specifies
a period of notice which is longer than the period of a particular
tenancy, the required length of the period of notice is controlling.
6. Notwithstanding any provision of NRS 40.215 to 40.425 ,
inclusive, if a tenant who is not a natural person has received three
notices for nonpayment of rent in accordance with subsection 1, the
landlord is not required to give the tenant a further 10-day notice in
advance of termination if the termination is because of failure to pay
rent, utility charges or reasonable service fees.
(Added to NRS by 1975, 783; A 1977, 1449; 1979, 1875; 1981, 2034;
1983, 1358; 1987, 1300; 1989, 1084; 1993, 2770; 1995, 849, 2757; 2001,
1185 ; 2003, 2478 )
1. Notwithstanding the expiration of a period of a tenancy, the
rental agreement described in NRS 118B.190 may not be terminated except for:
(a) Failure of the tenant to pay rent, utility charges or
reasonable service fees within 10 days after written notice of
delinquency served upon the tenant in the manner provided in NRS 40.280
;
(b) Failure of the tenant to correct any noncompliance with a law,
ordinance or governmental regulation pertaining to manufactured homes or
recreational vehicles or a valid rule or regulation established pursuant
to NRS 118B.100 or to cure any
violation of the rental agreement within a reasonable time after
receiving written notification of noncompliance or violation;
(c) Conduct of the tenant in the manufactured home park which
constitutes an annoyance to other tenants;
(d) Violation of valid rules of conduct, occupancy or use of park
facilities after written notice of the violation is served upon the
tenant in the manner provided in NRS 40.280 ;
(e) A change in the use of the land by the landlord pursuant to NRS
118B.180 ;
(f) Conduct of the tenant which constitutes a nuisance as defined
in NRS 40.140 or which violates a state
law or local ordinance, specifically including, without limitation:
(1) Discharge of a weapon;
(2) Prostitution;
(3) Illegal drug manufacture or use;
(4) Child molestation or abuse;
(5) Elder molestation or abuse;
(6) Property damage as a result of vandalism; and
(7) Operating a motor vehicle while under the influence of
alcohol or any other controlled substance; or
(g) In a manufactured home park that is owned by a nonprofit
organization or housing authority, failure of the tenant to meet
qualifications relating to age or income which:
(1) Are set forth in the lease signed by the tenant; and
(2) Comply with federal, state and local law.
2. A tenant who is not a natural person and who has received three
or more 10-day notices to quit for failure to pay rent in the preceding
12-month period may have his tenancy terminated by the landlord for
habitual failure to pay timely rent.
(Added to NRS by 1975, 783; A 1977, 1449; 1979, 1876; 1981, 1847,
2035; 1985, 2220; 1997, 1102; 2001, 1186 ; 2003, 2479 )
1. The landlord shall not terminate a tenancy, refuse to renew a
tenancy, increase rent or decrease services he normally supplies, or
bring or threaten to bring an action for possession of a manufactured
home lot as retaliation upon the tenant because:
(a) He has complained in good faith about a violation of a
building, safety or health code or regulation pertaining to a
manufactured home park to the governmental agency responsible for
enforcing the code or regulation.
(b) He has complained to the landlord concerning the maintenance,
condition or operation of the park or a violation of any provision of NRS
118B.040 to 118B.220 , inclusive, or 118B.240 .
(c) He has organized or become a member of a tenants’ league or
similar organization.
(d) He has requested the reduction in rent required by:
(1) NRS 118.165 as a
result of a reduction in property taxes.
(2) NRS 118B.153 when a
service, utility or amenity is decreased or eliminated by the landlord.
(e) A citation has been issued to the landlord as the result of a
complaint of the tenant.
(f) In a judicial proceeding or arbitration between the landlord
and the tenant, an issue has been determined adversely to the landlord.
2. A landlord, manager or assistant manager of a manufactured home
park shall not willfully harass a tenant.
3. A tenant shall not willfully harass a landlord, manager or
assistant manager of a manufactured home park or an employee or agent of
the landlord.
4. As used in this section, “harass” means to threaten or
intimidate, through words or conduct, with the intent to affect the terms
or conditions of a tenancy or a person’s exercise of his rights pursuant
to this chapter.
(Added to NRS by 1977, 1448; A 1981, 2035; 1987, 932; 1989, 1797;
1993, 1171; 1995, 2758; 1999, 2046 , 3194 ; 2001, 228 , 229 , 1186 ; 2003, 2970 ; 2005, 1604 , 2330 )
ASSISTANCE FOR LOW-INCOME OWNERS OF MANUFACTURED HOMES
As used in NRS 118B.211 to 118B.219 , inclusive, “Fund” means the Fund for
Low-Income Owners of Manufactured Homes created pursuant to NRS 118B.215
.
(Added to NRS by 1995, 848; A 1997, 120; 2001, 1187 )
1. In addition to the fee established pursuant to NRS 118B.185
, except as otherwise provided in
subsection 3, the owner of a manufactured home park that is operated for
profit shall pay to the Division an annual fee of $12 for each lot within
the park. The owner shall not impose a fee or surcharge to recover from
his tenants the costs resulting from the annual fee per lot paid pursuant
to this subsection, or any related penalty.
2. The Administrator shall notify the owner of each manufactured
home park that is operated for profit in this state on or before July 1
of each year of the fee imposed pursuant to this section.
3. If on May 15 of that year the balance in the Fund which is
attributable to deposits pursuant to this section exceeds $1,000,000, the
Administrator shall not charge or collect a fee pursuant to this section.
The Administrator shall resume the collection in any year when the
balance on May 15 is less than $750,000. The Administrator shall request
the State Treasurer to inform him of the applicable balance of the Fund
on May 15 of each year.
4. If an owner fails to pay the fee within 30 days after receiving
written notice from the Administrator to do so, a penalty of 50 percent
of the amount of the fee must be added.
5. All fees and penalties collected by the Division pursuant to
this section must be deposited in the State Treasury for credit to the
Fund.
(Added to NRS by 1991, 2270; A 1995, 850, 2758; 1997, 120, 1103;
2001, 1187 )
1. There is hereby created as a special revenue fund in the State
Treasury the Fund for Low-Income Owners of Manufactured Homes, to be
administered by the Division. All money received for the use of the Fund
pursuant to NRS 118B.213 or from any
other source must be deposited in the Fund.
2. The interest and income earned on the money in the Fund, after
deducting any applicable charges, must be credited to the Fund. All
claims against the Fund must be paid as other claims against the State
are paid.
3. The money in the Fund may be used only to pay necessary
administrative costs and to assist eligible persons by supplementing
their monthly rent for the manufactured home lot on which their
manufactured home is located. Except as otherwise provided in subsection
5, to be eligible for assistance from the Fund a person must:
(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 application for assistance;
(b) Be the registered owner of the manufactured home which is
subject to the tenancy, as indicated on the certificate of ownership that
is issued by the division pursuant to NRS 489.541 ;
(c) Have a monthly household income, as determined by the
Administrator in accordance with subsection 4, which is at or below:
(1) The federally designated level signifying poverty or
$750, whichever is greater, if the person is the sole occupant of the
manufactured home; or
(2) The federally designated level signifying poverty or
$1,125, whichever is greater, if the person is not the sole occupant of
the manufactured home;
(d) Be a tenant in a manufactured home park that is operated for
profit and maintain continuous tenancy in that park during the duration
of the supplemental assistance; and
(e) Not have assets whose value is more than $12,000, excluding the
value of:
(1) The manufactured home which is subject to the tenancy;
(2) The contents of that manufactured home; and
(3) One motor vehicle.
Ê 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 he resides at the time he applies for assistance for
at least 1 year, is eligible for assistance from the Fund if he moved to
the manufactured home park in which he resides at the time of his
application because he was unable to pay the rent at the manufactured
home park from which he moved or because that park was closed.
4. In determining the monthly household income of an applicant
pursuant to subsection 3, the Administrator shall exclude from the
calculation:
(a) The value of any food stamps the applicant received pursuant to
the Food Stamp Act of 1977, as amended, 7 U.S.C. §§ 2011 et seq., during
the year immediately preceding his application for assistance; or
(b) If the applicant is receiving coverage pursuant to Medicare
Part B, 42 U.S.C. §§ 1395j et seq., the value of the cost of that
coverage during the year immediately preceding his application for
assistance,
Ê whichever is greater.
5. The Administrator may waive the requirements for eligibility
set forth in subsection 3 upon the written request of an applicant if the
circumstances of the applicant have changed as a result of:
(a) Illness;
(b) Disability; or
(c) Extreme financial hardship based upon a significant reduction
of income, when considering the applicant’s current financial
circumstances.
Ê An applicant shall include with his request for a waiver all medical
and financial documents that support his request.
6. The Administrator shall adopt regulations establishing:
(a) The annual reporting requirements for persons receiving
assistance pursuant to this section. The regulations must require that
each such person provide the Division with a written acknowledgment of
his continued eligibility for assistance.
(b) The maximum amount of assistance which may be distributed to a
person to supplement his monthly rent pursuant to this section.
7. As used in this section:
(a) “Manufactured home” includes a travel trailer that is located
on a manufactured home lot within a manufactured home park.
(b) “Monthly household income” means the combined monthly incomes
of the occupants of a manufactured home which is subject to the tenancy
for which assistance from the Fund is requested.
(c) “Travel trailer” has the meaning ascribed to it in NRS 489.150
.
(Added to NRS by 1991, 2271; A 1995, 851; 1997, 120, 791, 1103;
1999, 2050 ; 2001, 1187 )
Each application for assistance from the Fund must include:
1. A statement that an applicant who fails to report:
(a) Information required to be included in the application which he
knew at the time he signed the application; or
(b) A change in his eligibility pursuant to NRS 118B.218 ,
Ê may be personally liable to the Division for any assistance incorrectly
paid to him.
2. The provisions of NRS 118B.219 .
(Added to NRS by 1995, 848; A 1997, 121)
1. The Division shall notify an applicant for or recipient of
assistance from the Fund of its decision to deny or terminate assistance
by mailing to the applicant or recipient a notice of its decision by
certified mail, return receipt requested, to the last known address of
the applicant or recipient. The notice must:
(a) Specify the reasons for the denial or termination of
assistance; and
(b) Contain a statement informing the applicant or recipient that a
hearing will be provided if a written request for a hearing is filed by
the applicant or recipient within 20 days after he receives the notice.
2. An applicant or recipient may, within 20 days after he receives
notice pursuant to subsection 1, file a written request for a hearing
with the Division. If the Division does not receive a request for a
hearing within 20 days after the applicant or recipient receives the
notice pursuant to subsection 1, the Division’s decision becomes final
and is not subject to judicial review.
3. If an applicant for or recipient of assistance requests a
hearing within 20 days after he receives notice pursuant to subsection 1,
a hearing must be conducted before a hearing officer appointed by the
Director of the Department of Business and Industry or a person
designated by him within 60 days after receipt of the request. The
Division shall notify the applicant or recipient of the time, place and
date of the hearing. An applicant whose application for assistance has
been denied has the burden of proving that he is entitled to receive
assistance. The Division has the burden of proving the grounds for
terminating the assistance provided to a recipient.
4. The hearing officer shall issue a decision within 30 days after
the hearing and mail a copy of the decision to the applicant or
recipient. The decision of the hearing officer is a final decision for
purposes of judicial review.
(Added to NRS by 1995, 848; A 1997, 121)
1. At least twice each year, the Division shall:
(a) Prepare a list of persons who are eligible to receive
assistance from the Fund; and
(b) Determine whether the amount of money in the Fund is sufficient
to provide assistance to each person whose name appears on the list.
2. If the Division determines that the amount of money in the Fund
is not sufficient to provide assistance to each person whose name appears
on the list, the Division shall determine which of those eligible persons
will receive assistance from the Fund.
3. The Division shall prepare a list of the persons who are
eligible to receive assistance from the Fund but do not receive
assistance because the amount of money in the Fund is insufficient to
provide assistance to those persons. The Division shall ensure that the
persons whose names appear on that list receive assistance from the Fund
as soon as practicable after the money to provide that assistance becomes
available.
4. Each person who receives assistance from the Fund must receive
a percentage of his rent which is equal to the percentage of rent
received by every other person who receives assistance from the Fund.
(Added to NRS by 1995, 849; A 1997, 122)
A
person who receives assistance pursuant to NRS 118B.215 shall notify the Administrator of any change
in his eligibility pursuant to that section within 10 days after the
change. A person who violates this section is ineligible for assistance
from the Fund.
(Added to NRS by 1991, 2271; A 1997, 123)
The Division may recover
from a person who receives assistance from the Fund an amount not to
exceed the assistance incorrectly paid to him if he failed to report:
1. Information required to be included in the application which he
knew at the time he signed the application; or
2. Any change in his eligibility pursuant to NRS 118B.218 .
(Added to NRS by 1995, 848; A 1997, 123)
1. Any person who knowingly, by any false pretense, false or
misleading statement, impersonation or misrepresentation, obtains or
attempts to obtain with the intent to cheat or defraud the Division
assistance from the Fund in an amount of $100 or more is personally
liable for:
(a) Any assistance incorrectly paid to that person;
(b) The costs of any investigation conducted by the Division to
determine whether that person received assistance incorrectly;
(c) Court costs;
(d) Attorney’s fees; and
(e) A civil penalty of not more than $1,000.
2. The Division may bring an action to recover a civil penalty
imposed pursuant to subsection 1 and shall deposit any money recovered
with the State Treasurer for credit to the Fund.
(Added to NRS by 1995, 848; A 1997, 123)
REMEDIES AND PENALTIES
1. If a manufactured home or recreational vehicle is made unfit
for occupancy for any period in excess of 48 hours by any cause for which
the landlord is responsible or over which he has control, the rent may
be, at the tenant’s option, proportionately abated, and if it is, must be
refunded or credited against the following month’s rent. The tenant need
not abandon the manufactured home or recreational vehicle as a
prerequisite to seeking relief under this subsection.
2. As an alternative to the abatement of rent, the tenant may
procure reasonable substitute housing for occupancy while his
manufactured home or recreational vehicle remains unfit and may:
(a) Recover the actual and reasonable cost of the substitute
housing from the landlord; or
(b) Deduct the cost from future rent.
3. A manufactured home shall be deemed unfit for occupancy if
essential services such as fuel, water, electricity or sewer service are
not being adequately provided to the manufactured home.
(Added to NRS by 1977, 1448; A 1981, 1848, 2036; 1985, 2220; 2001,
1189 )
If a landlord unlawfully terminates a tenancy, the provisions of NRS
118B.251 and 118B.260 apply.
(Added to NRS by 1977, 1448; A 1989, 1798; 1991, 847)
The
landlord and the tenant may agree that any controversy relating to any
matter arising under this chapter or under a rental agreement may be
submitted for arbitration.
(Added to NRS by 1977, 1448; A 1979, 1876)—(Substituted in revision
for NRS 118.330)
1. The Administrator may impose a fine of not more than $1,000
against any person who violates any of the provisions of this chapter.
2. The Administrator shall, before imposing the fine, notify the
person by certified mail that he will impose a fine for the violation
unless the person requests a hearing within 20 days after the notice is
mailed.
3. If a hearing is requested, the Administrator shall hold a
hearing pursuant to the provisions of NRS 233B.121 to 233B.150 , inclusive.
4. If a hearing is not requested within the prescribed period and
the matter is not otherwise resolved, the Administrator shall impose the
fine and notify the person by certified mail.
5. The decision of the Administrator to impose a fine pursuant to
this section is a final decision for the purposes of judicial review.
(Added to NRS by 1991, 846)
1. Except as otherwise provided in this section, all money
collected from administrative fines imposed pursuant to this chapter must
be deposited in the State General Fund.
2. The money collected from an administrative fine may be
deposited with the State Treasurer for credit to the Fund for
Manufactured Housing created pursuant to NRS 489.491 if:
(a) The person pays the administrative fine without exercising his
right to a hearing to contest the administrative fine; or
(b) The administrative fine is imposed in a hearing conducted by a
hearing officer or panel appointed by the Administrator.
3. The Administrator may appoint one or more hearing officers or
panels and may delegate to those hearing officers or panels the power of
the Administrator to conduct hearings and other proceedings, determine
violations, impose fines and penalties and take other disciplinary action
authorized by the provisions of this chapter.
4. If money collected from an administrative fine is deposited in
the State General Fund, the Administrator may present a claim to the
State Board of Examiners for recommendation to the Interim Finance
Committee if money is needed to pay attorney’s fees or the costs of an
investigation, or both.
(Added to NRS by 2005, 2326 )
Any landlord who violates any of the
provisions of this chapter and any other person who violates NRS 118B.210
:
1. For the first violation, shall pay a civil penalty of not more
than $1,000.
2. For the second violation, shall pay a civil penalty of not more
than $2,500.
3. For the third or subsequent violation, shall pay a civil
penalty of not more than $5,000 for each violation.
Ê If a civil penalty is imposed pursuant to this section, the costs of
the proceeding, including investigative costs and attorney’s fees, must
be recovered by the Administrator, if possible.
(Added to NRS by 1983, 1355; A 1987, 984; 1993, 896; 1995, 2759;
1999, 3195 )
|
