USA Statutes : nevada
Title : Title 10 - PROPERTY RIGHTS AND TRANSACTIONS
Chapter : CHAPTER 118 - DISCRIMINATION IN HOUSING; LANDLORD AND TENANT
The provisions of NRS 118.010 to 118.120 ,
inclusive, may be cited as the Nevada Fair Housing Law.
(Added to NRS by 1971, 729; A 1973, 1109; 1977, 1348, 1606)
1. It is hereby declared to be the public policy of the State of
Nevada that all people in the State have equal opportunity to inherit,
purchase, lease, rent, sell, hold and convey real property without
discrimination, distinction or restriction because of race, religious
creed, color, national origin, disability, ancestry, familial status or
sex.
2. Nothing in this chapter shall be deemed to render enforceable a
conveyance or other contract made by a person who lacks the capacity to
contract.
(Added to NRS by 1971, 729; A 1973, 195; 1991, 1020, 1980; 1991,
1020, 1980)
As used in NRS 118.010 to 118.120 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 118.040 to 118.090
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1971, 729; A 1973, 1109; 1977, 1606; 1991, 1020,
1980; 1999, 1228 )
“Commission” means the Nevada
Equal Rights Commission.
(Added to NRS by 1971, 730; A 1975, 221)
“Disability” means, with
respect to a person:
1. A physical or mental impairment that substantially limits one
or more of the major life activities of the person;
2. A record of such an impairment; or
3. Being regarded as having such an impairment.
(Added to NRS by 1991, 1020)
“Discriminate” includes both
“segregate” and “separate.”
(Added to NRS by 1971, 730)
1. “Dwelling” means any building, structure or portion thereof
which is occupied as, or designed or intended for occupancy as, a
residence by one or more families, and any vacant land which is offered
for sale or lease for the construction or location thereon of any such
building, structure or portion thereof.
2. “Dwelling” does not include:
(a) A single-family house sold or rented by an owner if:
(1) The owner does not own more than three single-family
houses at any one time or the owner does not own any interest in, nor is
there owned or reserved on his behalf, under any express or voluntary
agreement, title to or any right to all or a portion of the proceeds from
the sale or rental of, more than three single-family houses at any one
time; and
(2) The house was sold or rented without the use in any
manner of the sales or rental facilities or the sales or rental services
of any real estate broker, real estate broker-salesman or real estate
salesman licensed pursuant to chapter 645 of NRS.
(b) Rooms or units in dwellings containing living quarters occupied
or intended to be occupied by not more than four families living
independently of each other if the owner actually maintains and occupies
one of the living quarters as his residence and the owner has not within
the preceding 12-month period participated:
(1) As the principal in three or more transactions involving
the sale or rental of any dwelling or any interest therein; or
(2) As an agent, otherwise than in the sale of his own
personal residence in providing sales or rental facilities or sales or
rental services in two or more transactions involving the sale or rental
of any dwelling or any interest therein.
3. The sale of a single-family house by an owner not residing in
that house at the time of the sale or who was not the most recent
resident of that house before the sale does not bring the house within
the definition of dwelling unless there is more than one such sale within
any 24-month period.
(Added to NRS by 1971, 730; A 1995, 404; 1997, 50)
“Familial status” means
the fact that a person:
1. Lives with a child under the age of 18 and has:
(a) Lawful custody of the child; or
(b) Written permission to live with the child from the person who
has lawful custody of the child;
2. Is pregnant; or
3. Has begun a proceeding to adopt or otherwise obtain lawful
custody of a child.
(Added to NRS by 1991, 1979; A 1995, 1987)
“Family” includes a single
individual.
(Added to NRS by 1971, 730)
“Person” includes the State of
Nevada and all political subdivisions and agencies thereof.
(Added to NRS by 1971, 730; A 1985, 507; 1991, 1020, 1980; 1995,
1987)
“Rent” means rent, lease, sublease,
let or otherwise grant for a consideration the right to occupy premises
not owned by the occupant.
(Added to NRS by 1971, 731)
The Commission may adopt regulations,
consistent with the fair housing provisions of 42 U.S.C. §§ 3601 et seq.,
to carry out the provisions of NRS 118.010 to 118.120 ,
inclusive.
(Added to NRS by 1991, 1980)
1. Except as otherwise provided in subsection 2, a person shall
not, because of race, religious creed, color, national origin,
disability, ancestry, familial status or sex:
(a) Refuse to sell or rent or refuse to negotiate for the sale or
rental of, or otherwise make unavailable or deny, a dwelling to any
person.
(b) Discriminate against any person in the terms, conditions or
privileges of sale or rental of a dwelling, including the amount of
breakage or brokerage fees, deposits or other undue penalties, or in the
provision of services or facilities in connection therewith.
(c) Make, print or publish, or cause to be made, printed or
published, any notice, statement or advertisement with respect to the
sale or rental of a dwelling that indicates any preference, limitation or
discrimination, or an intention to make any preference, limitation or
discrimination. As used in this paragraph, “dwelling” includes a house,
room or unit described in subsection 2 or 3 of NRS 118.060 .
(d) Represent to any person because of race, religious creed,
color, national origin, disability, ancestry, familial status or sex that
any dwelling is not available for inspection, sale or rental when the
dwelling is in fact so available.
(e) For profit, induce or attempt to induce any person to sell or
rent any dwelling by representations regarding the entry or prospective
entry into the neighborhood of a person of a particular race, religious
creed, color, national origin, disability, ancestry, familial status or
sex.
(f) Coerce, intimidate, threaten or interfere with any person in
the exercise or enjoyment of, or on account of that person having aided
or encouraged any other person in the exercise or enjoyment of, any right
granted or protected in this chapter.
2. The provisions of subsection 1 do not prohibit any act that is
not prohibited by the provisions of the Fair Housing Act of 1968 (42
U.S.C. §§ 3601 et seq.), as amended.
(Added to NRS by 1971, 731; A 1973, 195; 1991, 1020, 1980; 1995,
405; 1997, 51)
1. A person may not refuse to:
(a) Authorize a person with a disability to make reasonable
modifications to a dwelling which he occupies or will occupy if:
(1) The person with the disability pays for the
modifications; and
(2) The modifications are necessary to ensure that the
person with the disability may use and enjoy the dwelling; or
(b) Make reasonable accommodations in rules, policies, practices or
services if those accommodations are necessary to ensure that the person
with the disability may use and enjoy the dwelling.
2. A landlord may, as a condition for the authorization of such a
modification, reasonably require the person who requests the
authorization, upon the termination of his occupancy, to restore the
dwelling to the condition that existed before the modification,
reasonable wear and tear excepted.
3. Except as otherwise provided in subsection 4, a landlord may
not increase the amount of security he customarily requires a person to
deposit because that person has requested authorization to modify a
dwelling pursuant to subsection 1.
4. If a person requests authorization to modify a dwelling
pursuant to subsection 1, the landlord may require that person to deposit
a reasonable amount of security in addition to the amount he usually
requires if the additional amount:
(a) Is necessary to ensure the restoration of the dwelling pursuant
to subsection 2;
(b) Does not exceed the actual cost of the restoration; and
(c) Is deposited by the landlord in an interest-bearing account.
Any interest earned on the additional amount must be paid to the person
who requested the authorization.
5. As used in this section, “security” has the meaning ascribed to
it in NRS 118A.240 .
(Added to NRS by 1995, 1986)
1. A covered multifamily dwelling which is designed and
constructed for occupancy on or after March 13, 1991, must be constructed
in such a manner that the dwelling contains at least one entrance which
is accessible to a person with a disability unless it is impracticable to
so design or construct the dwelling because of the terrain or unusual
characteristics of the site upon which it is constructed.
2. A covered multifamily dwelling which contains at least one
entrance which is accessible to a person with a disability must be
constructed in such a manner that:
(a) The common areas of the dwelling are readily accessible to and
usable by a person with a disability;
(b) The doors of the dwelling are sufficiently wide to allow a
person with a disability to enter and exit in a wheelchair;
(c) The units of the dwelling contain:
(1) An accessible route into and through the dwelling;
(2) Reinforcements in the bathroom walls so that bars for
use by a person with a disability may be installed therein; and
(3) Kitchens and bathrooms in which a person in a wheelchair
may maneuver; and
(d) The light switches, electrical outlets, thermostats or any
other environmental controls in the units of the dwelling are placed in
such a manner that they are accessible to a person in a wheelchair.
3. As used in this section, “covered multifamily dwelling” means:
(a) A building which consists of four or more units and contains at
least one elevator; or
(b) The units located on the ground floor of any other building
which consists of four or more units.
(Added to NRS by 1995, 1987)
1. Except as otherwise provided in subsection 2, a landlord may
not refuse to rent a dwelling subject to the provisions of chapter 118A
of NRS to a person with a disability solely
because an animal will be residing with the prospective tenant in the
dwelling if the animal assists, supports or provides service to the
person with a disability.
2. A landlord may require proof that an animal assists, supports
or provides service to the person with a disability. This requirement may
be satisfied, without limitation, by a statement from a provider of
health care that the animal performs a function that ameliorates the
effects of the person’s disability.
(Added to NRS by 1977, 1347; A 1981, 1915; 1987, 824; 1991, 1021,
1981; 2003, 2975 ; 2005, 630 )
Any aggrieved
person who claims to have been injured by a discriminatory housing
practice or who believes that he will be injured by such a practice that
is about to occur may file a complaint with the Commission in the manner
prescribed in NRS 233.160 .
(Added to NRS by 1971, 731; A 1973, 1109; 1977, 1606; 1995, 1987)
A tenant has a defense in a
summary proceeding or other action for possession of a dwelling if the
landlord’s attempt to terminate the tenancy or regain possession violates
any provision of NRS 118.010 to 118.120
, inclusive, or the Fair Housing Act of
1968, 42 U.S.C. §§ 3601 et seq.
(Added to NRS by 1999, 1228 )
Any person may
commence an action in any district court in this state to enforce the
provisions of NRS 118.100 , 207.300
, 207.310 , 645.321 or 645C.480 not less than 1 year after the date of the occurrence or
termination of an alleged violation of any of those provisions. If the
court determines that the provisions of any of those sections have been
violated by the defendant, and that the plaintiff has been injured
thereby, it may enjoin the defendant from continued violation or may take
such other affirmative action as may be appropriate, and, in the case of
a prevailing plaintiff, may award to the plaintiff actual damages,
punitive damages, court costs and a reasonable attorney’s fee.
(Added to NRS by 1971, 732; A 1977, 1608; 1995, 1988)
PROPERTY TAXES PAID BY LANDLORD
1. Unless exempted by subsection 3, every landlord of real
property leased or otherwise rented to a tenant, including every landlord
of a mobile home park, shall deliver to the tenant in July of each year,
and whenever the periodic rent changes, a statement which shows
separately for each periodic payment of rent:
(a) The amount which represents property taxes paid by the
landlord; and
(b) The remainder of that payment.
2. If the property rented is one of several upon which the
landlord pays taxes together, the amount which represents property taxes
must be calculated by:
(a) Apportioning the total property tax paid for the year upon the
entire property among the individual properties rented according to their
respective areas.
(b) Reducing the amount so apportioned to each particular property
for the year by the appropriate fraction to correspond to the period for
which rent on it is paid.
3. This section does not apply to:
(a) Any property covered by a written agreement which requires the
tenant to pay the property tax or otherwise provides for calculation and
notice to the tenant of its amount.
(b) Any lodging unless it contains its own cooking and toilet
facilities, separate from other living quarters.
(c) Any room in a hotel or motel.
(d) Any concession within a larger commercial enterprise, or any
other property not customarily used separately from adjacent units.
(e) Any property for which the rent is a share of sales or profit.
4. The statements required in July 1981 by subsection 1 must show,
in addition to the information required as of the date the statement is
prepared, the comparable information as of July 1980. Each landlord of
property which is subject to this section shall reduce the periodic rent
otherwise payable by an amount equal to 90 percent of any reduction from
1980 to 1981 of the amount which represents property taxes as shown in
the statements required by that subsection.
5. This section does not purport to regulate the total amount of
rent payable.
6. A landlord who fails to reduce the periodic rent in accordance
with subsection 4 is liable to each tenant whose rent was not properly
reduced for an amount equal to three times the amount which was overpaid
by the tenant, unless the landlord shows good cause for the failure. If
the tenant made written demand upon his landlord at least 20 days before
bringing his action under this subsection, a judgment for the tenant must
include costs and a reasonable attorney’s fee.
7. The Department of Taxation is responsible for enforcing the
provisions of this section.
(Added to NRS by 1979, 1235; A 1981, 298; 1987, 976)
ABANDONMENT OF REAL PROPERTY BY TENANT
As used in NRS 118.171 to 118.205 ,
inclusive, unless the context otherwise requires:
1. “Real property” includes an apartment, a dwelling, a mobile
home that is owned by a landlord and located on property owned by the
landlord and commercial premises.
2. “Rental agreement” means an agreement to lease or sublease real
property for a term less than life which provides for the periodic
payment of rent.
3. “Tenant” means a person who has the right to possess real
property pursuant to a rental agreement.
(Added to NRS by 1991, 1039)
If a tenant of real property
abandons the property, the landlord shall make reasonable efforts to rent
it at a fair rental. If the landlord rents the property for a term
beginning before the expiration of the rental agreement pursuant to its
terms or if, despite his reasonable efforts, the landlord is unable to
rent the property before the rental agreement is otherwise terminated,
the former tenant is liable for any actual damages of the landlord which
may result from the abandonment. If the landlord fails to make reasonable
efforts to rent the property at a fair rental, the former tenant is
liable for any actual damages of the landlord occurring before the
landlord had reason to believe that the property was abandoned. If the
tenancy is from month to month or week to week, the term of the rental
agreement for this purpose is deemed to be a month or a week, as the case
may be.
(Added to NRS by 1977, 1347; A 1991, 1040)
If a tenant
of real property abandons the property before the expiration of the
rental agreement pursuant to its terms, the rental agreement terminates
when:
1. The tenant provides his landlord with notice of his intention
to abandon the property, and the landlord accepts the surrender of the
property;
2. His landlord rents the property to another tenant;
3. The property is deemed to be abandoned pursuant to NRS 118.195
;
4. The rental agreement is terminated by court order or pursuant
to the provisions of chapter 118A of NRS; or
5. The rental agreement expires pursuant to its terms,
Ê whichever occurs first.
(Added to NRS by 1991, 1039)
1. If a landlord of real property reasonably believes that his
tenant has abandoned the property, and the tenant is in default in the
payment of rent, the landlord may serve the tenant with a written notice
of his belief that the property has been abandoned. If the tenant fails,
within 5 days after service of the notice by the landlord, to:
(a) Pay the rent due; and
(b) Provide the landlord with a written notice:
(1) Stating his intention not to abandon the property; and
(2) Setting forth an address at which the tenant may be
served with legal process,
Ê the property shall be deemed abandoned by the tenant and the rental
agreement shall be deemed terminated. The property shall not be deemed
abandoned if the tenant pays the rent due and provides the written notice
within the prescribed time.
2. Real property shall not be deemed abandoned pursuant to this
section if the tenant proves that at the time the landlord served notice:
(a) The tenant was not in default in the payment of rent; or
(b) It was not reasonable for the landlord to believe that the
tenant had abandoned the real property. The fact that the landlord knew
that the tenant left personal property on the real property does not, of
itself, justify a finding that the landlord did not reasonably believe
that the tenant had abandoned the real property.
3. The provisions of this section do not preclude a landlord or
tenant from otherwise proving that real property has been abandoned.
(Added to NRS by 1991, 1040)
A notice provided by a
landlord to a tenant pursuant to NRS 118.195 :
1. Must advise the tenant of the provisions of that section and
specify:
(a) The address or other location of the property;
(b) The date upon which the property will be deemed abandoned and
the rental agreement terminated; and
(c) An address for payment of the rent due and delivery of notice
to the landlord.
2. Must be served pursuant to subsection 1 of NRS 40.280 .
3. May be included in the notice required by subsection 1 of NRS
40.253 .
(Added to NRS by 1991, 1040)
