SUMMARY--Extends protection to renters of mobile homes in mobile home parks. (BDR 10-28)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to mobile home parks; extending the benefits provided for renters of lots to renters of mobile homes from landlords of parks; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 118B.014 is hereby amended to read as follows:
118B.014 "Landlord" means the owner or lessor of a mobile home lot [and] or the owner or lessor of a mobile home park.
Sec. 2 NRS 118B.0185 is hereby amended to read as follows:
118B.0185 "Tenant" means the owner of a mobile home which is located on a mobile home lot in a mobile home park [.] or the renter of a mobile home from the landlord of a mobile home park.
Sec. 3 NRS 118B.040 is hereby amended to read as follows:
118B.040 1. A rental agreement or lease between a landlord and tenant to rent or lease [any] a mobile home lot or a mobile home must be in writing. The landlord shall give the tenant a copy of the agreement or lease at the time the tenant signs it.
2. 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 mobile 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 mobile home lot of the tenant.
(l) The amount to be charged each month to the tenant to reimburse the landlord for the cost of a capital improvement to the mobile 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 mobile home park.
Sec. 4. NRS 118B.050 is hereby amended to read as follows:
118B.050Any provision in a rental agreement or lease for a mobile home lot or a mobile home 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,
is void. A tenant may recover his actual damages resulting from the enforcement of such a provision.
Sec. 5. NRS 118B.065 is hereby amended to read as follows:
118B.065 Before a tenant signs an initial rental agreement for a mobile home lot [,] or a mobile home, the landlord shall, by separate written document, disclose to him the zoning designations adopted pursuant to chapter 278 of NRS for the mobile home lot to be rented or the mobile home lot upon which the rented mobile home is located, and for each parcel of land adjoining the mobile home park.
Sec. 6. NRS 118B.075 is hereby amended to read as follows:
118B.075 If more than one rental agreement or lease is currently offered to prospective tenants, the landlord of a mobile 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.]
Sec. 7. NRS 118B.100 is hereby amended to read as follows:
118B.100 1. [The] A landlord may adopt rules or regulations concerning [the] a tenant's use and occupancy of [the] a mobile home lot or a mobile home and the grounds, areas and facilities of the mobile 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 mobile home lot or a mobile home 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 mobile 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 mobile home located on a lot in a mobile 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.
Sec. 8. NRS 118B.120 is hereby amended to read as follows:
118B.120 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] a mobile home owned by its tenant 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] a lot on which is located a mobile 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 lien holder or from the proceeds of any sale for taxes, as the case may be.
3. For the purposes of this section, a mobile home shall be deemed to be abandoned if:
(a) It is located on a lot in a mobile home park for which no rent has been paid for at least 60 days;
(b) It is unoccupied; and
(c) The manager of the mobile home park reasonably believes it to be abandoned.
Sec. 9. NRS 118B.140 is hereby amended to read as follows:
118B.140The landlord or his agent or employee shall not:
1. Require a person to purchase a mobile home from him or any other person as a condition to renting a mobile home lot to the purchaser or give an adjustment of rent or fees, or provide any other incentive to induce the purchase of a mobile home from him or any other person.
2. Charge or receive:
(a) Any entrance or exit fee for assuming or leaving occupancy of a mobile home lot [.] or a mobile home.
(b) Any transfer or selling fee or commission as a condition to permitting a tenant to sell his mobile home or recreational vehicle within the mobile home park even if the mobile home or recreational vehicle is to remain within the park, unless the landlord is licensed as a dealer of mobile homes pursuant to NRS 489.311 and has acted as the tenant's agent in the sale pursuant to a written contract.
(c) Any fee for the tenant's spouse or children.
(d) 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.
(e) 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.
(f) Any fee for a late monthly rental payment that is received within 4 days [of] after the date the rental payment is due or which exceeds $1 for each day 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 service commission of Nevada.
(g) 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 mobile home lot.
Sec. 10. NRS 118B.177 is hereby amended to read as follows:
118B.177 1. If a landlord closes a mobile home park , he shall pay:
(a) The cost of moving each [tenant's] mobile home owned by its tenant, and its appurtenances , to a new location within 50 miles from the mobile home park; or
(b) If the new location is more than 50 miles from the mobile home park, the cost of moving the mobile home for the first 50 miles,
including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling the mobile home and its appurtenances in the new lot or park.
2. Written notice of the closure must be 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 mobile home from the lot [.] or vacate a rented mobile home.
Sec. 11. NRS 118B.180 is hereby amended to read as follows:
118B.180 1. A landlord may convert an existing mobile home park into individual mobile home lots for sale to mobile home owners if the change is approved by the appropriate local zoning board, planning commission or governing body [,] and:
(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 to sell the lot or the lot and the mobile home located on the lot to the tenant at the same price the lot or the lot and the mobile home will be offered to the public and holds that offer open for at least 75 days before he offers the lot or the lot and the mobile home for sale to the public;
(c) The landlord does not sell an occupied lot for more than a vacant lot of similar location, size and shape;
(d) The landlord pays:
(1) The cost of moving [the tenant's] each mobile home owned by its tenant, and its appurtenances , to a comparable location within 50 miles from the mobile home park; or
(2) If the new location is more than 50 miles from the mobile home park, the cost of moving the mobile home for the first 50 miles,
including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his mobile 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 mobile home from the lot [.] or vacate a rented mobile home.
2. Upon the sale of a mobile home lot and a mobile home which is situated on that lot, the landlord shall indicate what portion of the purchase price is for the mobile home lot and what portion is for the mobile home.
Sec. 12. NRS 118B.183 is hereby amended to read as follows:
118B.183 1. A landlord may convert an existing mobile 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 [,] and:
(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:
(1) The cost of moving [the tenant's] each mobile home owned by its tenant, and its appurtenances , to a new location within 50 miles from the mobile home park; or
(2) If the new location is more than 50 miles from the mobile home park, the cost of moving the mobile home for the first 50 miles,
including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his mobile home and its appurtenances in the new lot or park; 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 mobile home from the lot [.] or vacate a rented mobile home.
2. A landlord shall not increase the rent of [any] a tenant for 180 days before applying for a change in land use, permit or variance affecting the mobile home park.
Sec. 13. NRS 118B.190 is hereby amended to read as follows:
118B.190 1. A written agreement between a landlord and tenant for the rental or lease of a mobile home lot or mobile home in a mobile home park in this state, or for the rental or lease of a lot for a recreational vehicle in an area of a mobile home park in this state other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 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) Five days in advance if the termination is because the conduct of the tenant constitutes a nuisance as described in subsection 6 of NRS 118B.200.
(b) Ten days in advance if the termination is because of failure of the tenant to pay rent, utility charges or reasonable service fees.
(c) 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.
(d) 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 mobile home. Except in an emergency, the landlord shall not enter the mobile 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 mobile home lot or mobile home 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] a 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.
Sec. 14. NRS 118B.210 is hereby amended to read as follows:
118B.210 1. [The] A 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 mobile home lot or mobile home 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 mobile 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, [and] 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 mobile home park shall not willfully harass a tenant.
3. 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 the tenant's exercise of his rights pursuant to this chapter.
Sec. 15.NRS 711.255 is hereby amended to read as follows:
711.2551. A landlord shall not:
(a) Interfere with the receipt of service by a tenant from a community antenna television company or discriminate against a tenant for receiving such a company's service.
(b) Except as otherwise provided in subsection 3, demand or accept payment of any fee, charge or valuable consideration from a community antenna television company or a tenant in exchange for granting access to the community antenna television company to provide its services to the tenant.
2. A community antenna television company which desires to provide such services to a tenant shall give 30 days written notice of that desire to the landlord before the company takes any action to provide that service. Before authorizing the receipt of such service a landlord may:
(a) Take such reasonable steps as are necessary to ensure that the safety, function and appearance of the premises and the convenience and safety of persons on the property are not adversely affected by the installation, construction, operation or maintenance of the facilities necessary to provide the service, and is entitled to be reimbursed by the community antenna television company for the reasonable expenses incurred;
(b) Require that the cost of the installation, construction, operation, maintenance or removal of the necessary facilities be borne by the community antenna television company; and
(c) Require the community antenna television company to provide evidence that the company will indemnify the landlord for any damage caused by the installation, construction, operation, maintenance or removal of the facilities.
3. A landlord is entitled to receive reasonable compensation for any direct adverse economic effect resulting from granting access to a community antenna television company. There is a rebuttable presumption that the direct adverse economic effect resulting from granting access to the real property of the landlord is $1,000 or $1 for each dwelling unit thereon, whichever sum is greater. If a landlord intends to require the payment of such compensation in an amount exceeding that sum, the landlord shall notify the community antenna television company in writing of that intention. If the company does not receive such a notice within 20 days after the landlord is notified by the company that a tenant has requested the company to provide its services to the tenant on the landlord's premises, the landlord may not require compensation for access to that tenant's dwelling unit in an amount exceeding $1,000. If within 30 days after receiving a landlord's request for compensation in an amount exceeding $1,000, the company has not agreed to pay the requested amount or an amount mutually acceptable to the company and the landlord, the landlord may petition a court of competent jurisdiction to set a reasonable amount of compensation for the damage of or taking of his real property. Such an action must be filed within 6 months after the date the company completes construction.
4. In establishing the amount which will constitute reasonable compensation for any damage or taking by a landlord in excess of the sum established by rebuttable presumption pursuant to subsection 3, the court shall consider:
(a) The extent to which the community antenna television company's facilities physically occupy the premises;
(b) The actual long-term damage which the company's facilities may cause to the premises;
(c) The extent to which the company's facilities would interfere with the normal use and enjoyment of the premises; and
(d) The diminution or enhancement in value of the premises resulting from the availability of the service.
The court may also award to the prevailing party reasonable attorney's fees.
5. The company's right to construct, install or repair its facilities and maintain its services within and upon the landlord's premises is not affected or impaired because the landlord requests compensation in an amount exceeding the sum established by rebuttable presumption pursuant to subsection 3, or files an action to assert a specific claim against the company.
6. A community antenna television company shall not offer a special discount or other benefit to a particular group of tenants as an incentive to request the company's services, unless the same discount or benefit is offered generally in the county.
7. The community antenna television company and the landlord shall negotiate in good faith for the purchase of the landlord's existing cable facilities rather than for the construction of new facilities on the premises.
8. As used in this section, "landlord" means an owner of real property, or his authorized representative, who provides a dwelling unit on the real property for occupancy by another for valuable consideration. The term includes, without limitation, the lessor of a mobile home lot or a mobile home and the lessor or operator of a mobile home park.
Sec. 16. If a rental agreement entered into before October 1, 1997:
1. Is for a fixed term, it is not affected, but a renewal of that agreement is governed, by this act.
2. Is for an indefinite term, any provision contrary to a provision of this act is ineffective to the extent of the conflict.