- Assembly Bill No. 541-Assemblymen Manendo, Buckley, Ohrenschall, Close, Koivisto, Price, Nolan, Segerblom, Collins, Herrera, Krenzer, Chowning, Bache, Williams, Perkins, Mortenson and Giunchigliani
CHAPTER
594
- AN ACT relating to mobile homes; requiring a landlord of a mobile home park to maintain driveways within the park and sidewalks adjacent to the street; prohibiting a landlord of a mobile home park from purchasing a mobile home within the park in certain circumstances; requiring the manufactured housing division of the department of business and industry to adopt regulations concerning continuing education requirements for sellers, dealers and installers of mobile homes; and providing other matters properly relating thereto.
[Approved July 16, 1997]
- THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 118B.090 is hereby amended to read as follows:
118B.090 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; [and]
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 [.] ; and
4. Maintain all driveways within the park and sidewalks adjacent to the street.
Sec. 2. NRS 118B.150 is hereby amended to read as follows:
118B.150 The landlord or his agent or employee shall not:
1. Increase rent or additional charges unless:
(a) The [rental] rent charged after the increase is the same rent charged for mobile homes of the same size or lots of the same size or of a similar location [or classification] within the park, except that a discount may be selectively given to persons who are [handicapped or who are 62] :
(1) Handicapped;
(2) Fifty-five years of age or older [, and any] ; or
(3) 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;
(b) Any increase in additional charges for special services is the same amount for each tenant using the special service; and
[(b)] (c) 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 paragraph, 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 188B.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.
2. Require a tenant to pay for an improvement to the common area of a mobile home park unless the landlord is required to make the improvement pursuant to an ordinance of a local government.
3. Require a tenant to pay for a capital improvement to the mobile 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 subsection.
4. Require a tenant to pay his rent by check or money order.
5. 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.
6. 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 mobile home or recreational vehicle in the park to discuss the park's affairs, or any political or social 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.
7. 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 subsection is liable to the tenant for actual damages.
8. Prohibit a tenant from having guests, but he may require the tenant to register the guest within 48 hours after his arrival, Sundays and holidays excluded, and if the park is a secured park, a guest may be required to register upon entering and leaving.
9. 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 mobile 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.
10. Prohibit a tenant from erecting a fence along the perimeter of the tenant's lot if the fence complies with any standards for fences established by the landlord, including limitations established for the height of fences, the materials used for fences and the manner in which fences are to be constructed.
11. Prohibit any tenant from soliciting membership in any association which is formed by the tenants who live in the park. As used in this subsection, "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.
12. Prohibit a public officer or candidate for public office from walking through the park to talk with the tenants.
Sec. 3. NRS 118B.160 is hereby amended to read as follows:
118B.160 The landlord or his agent or employee shall not:
1. Deny any tenant the right to sell his mobile home or recreational vehicle within the park or require the tenant to remove the mobile home or recreational vehicle from the park solely on the basis of the sale, except as otherwise provided in NRS 118B.170.
2. Prohibit any tenant desiring to sell his mobile home or recreational vehicle within the park from advertising the location of the home or vehicle and the name of the mobile home park or prohibit the tenant from displaying at least one sign of reasonable size advertising the sale of the home or vehicle.
3. Require that he be an agent of an owner of a mobile home or recreational vehicle who desires to sell the home or vehicle.
4. Unless subleasing of lots is prohibited by a rental agreement or lease, prohibit a tenant from subleasing his mobile home lot if the prospective subtenant meets the general requirements for tenancy in the park.
5. Require a tenant to make any additions to his mobile home unless those additions are required by an ordinance of a local government.
6. Purchase a mobile home within the park if he has denied:
(a) A tenant the right to sell that mobile home; or
(b) A prospective buyer the right to purchase that mobile home.
Sec. 4. Chapter 489 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.
Sec. 5. 1. The division shall adopt regulations concerning continuing education requirements for installers, rebuilders and servicemen of mobile homes. The regulations must include the:
(a) Criteria for determining what qualifies as continuing education;
(b) Criteria for approving educational and training programs;
(c) Requirements for submitting evidence of completion; and
(d) Grounds and procedures for granting an extension of time within which to comply with continuing education requirements.
2. In adopting regulations pursuant to subsection 1, the division shall:
(a) Allow for alternative subjects, instructors, schools and sources of programs, with consideration for specialized areas of practice, availability and proximity of resources to the licensees and applicants, and the time and expense required to participate in the programs.
(b) Approve courses offered by generally accredited educational institutions and private vocational schools if those courses otherwise qualify as continuing education.
(c) Approve training and educational programs and seminars offered by:
(1) Individual sponsors;
(2) Manufactured housing firms and businesses such as dealers, installers, rebuilders, servicemen, manufacturers of manufactured homes and suppliers of the various components for constructing homes, including heating and air-conditioning systems, material for roofing and siding, skirting, awnings and other components;
(3) Professional and industry-related organizations; and
(4) Other organized educational programs concerning technical or specialized subjects, including in-house training programs offered by an employer for his employees and participation in meetings and conferences of industry-related organizations.
(d) Solicit advice and assistance from persons and organizations that are knowledgeable in the construction, sale, installation, rebuilding and servicing of manufactured homes and the method of educating licensees.
3. The division is not responsible for the costs of any continuing education program, but may participate in the funding of those programs subject to legislative appropriations.
4. As used in this section, "industry-related organizations" includes, without limitation, the:
(a) National Manufactured Housing Federation;
(b) Manufactured Housing Institute;
(c) Nevada Mobilehome Park Owners Association;
(d) Nevada Association of Manufactured Homeowners;
(e) Nevada Association of Realtors; and
(f) Any other organization approved by the division.
Sec. 6. If a licensee is an installer, rebuilder or serviceman of mobile homes, the division shall not renew a license issued to that licensee until the licensee has submitted proof satisfactory to the division that he has, during the 2-year period immediately preceding the renewal of the license, completed at least 8 hours of continuing education approved by the division pursuant to section 5 of this act.
Sec. 7. The manufactured housing division of the department of business and industry shall adopt the regulations required by section 5 of this act no later than October 1, 1997.
Sec. 8. 1. This section and sections 4, 5 and 7 of this act become effective upon passage and approval.
2. Sections 1, 2 and 3 of this act become effective on October 1, 1997.
3. Section 6 of this act becomes effective on October 1, 1998.
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