Senate Bill No. 160-Committee on Government Affairs
February 27, 1997
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Referred to Committee on Government Affairs
SUMMARY--Prohibits local governments from adopting ordinances limiting rental rates for private residential property. (BDR 20-67)
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 local governments; prohibiting counties, cities and towns from adopting ordinances limiting rental rates for private residential property; 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. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2:
(a) No board of county commissioners may adopt an ordinance, resolution or regulation, or take any other action; and
(b) No agency or other instrumentality of a county may take any action,
which places a limitation on the maximum amount of rent a landlord may charge for residential property.
2. The provisions of subsection 1 do not prohibit an agreement between a landlord and a tenant to limit the maximum amount of rent the landlord may charge for residential property.
3. As used in this section:
(a) "Landlord" means a person who provides residential property for occupancy by another person pursuant to a rental agreement.
(b) "Rent" means payments to be made to a landlord pursuant to a rental agreement.
(c) "Rental agreement" means an oral or written agreement for the use and occupancy of residential property.
(d) "Residential property" includes:
(1) A dwelling, as defined in NRS 118A.080;
(2) A mobile home, as defined in NRS 118B.015; and
(3) A portion of land used to accommodate a mobile home.
The term does not include public property.
(e) "Tenant" means a person entitled to occupy residential property to the exclusion of others pursuant to a rental agreement.
Sec. 2. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2:
(a) No governing body of a city may adopt an ordinance, resolution or regulation, or take any other action; and
(b) No agency or other instrumentality of a city may take any action,
which places a limitation on the maximum amount of rent a landlord may charge for residential property.
2. The provisions of subsection 1 do not prohibit an agreement between a landlord and a tenant to limit the maximum amount of rent the landlord may charge for residential property.
3. As used in this section:
(a) "Landlord" means a person who provides residential property for occupancy by another person pursuant to a rental agreement.
(b) "Rent" means payments to be made to a landlord pursuant to a rental agreement.
(c) "Rental agreement" means an oral or written agreement for the use and occupancy of residential property.
(d) "Residential property" includes:
(1) A dwelling, as defined in NRS 118A.080;
(2) A mobile home, as defined in NRS 118B.015; and
(3) A portion of land used to accommodate a mobile home.
The term does not include public property.
(e) "Tenant" means a person entitled to occupy residential property to the exclusion of others pursuant to a rental agreement.
Sec. 3. Chapter 269 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2:
(a) No governing body of a town may adopt an ordinance, resolution or regulation, or take any other action; and
(b) No agency or other instrumentality of a town may take any action,
which places a limitation on the maximum amount of rent a landlord may charge for residential property.
2. The provisions of subsection 1 do not prohibit an agreement between a landlord and a tenant to limit the maximum amount of rent the landlord may charge for residential property.
3. As used in this section:
(a) "Landlord" means a person who provides residential property for occupancy by another person pursuant to a rental agreement.
(b) "Rent" means payments to be made to a landlord pursuant to a rental agreement.
(c) "Rental agreement" means an oral or written agreement for the use and occupancy of residential property.
(d) "Residential property" includes:
(1) A dwelling, as defined in NRS 118A.080;
(2) A mobile home, as defined in NRS 118B.015; and
(3) A portion of land used to accommodate a mobile home.
The term does not include public property.
(e) "Tenant" means a person entitled to occupy residential property to the exclusion of others pursuant to a rental agreement.
Sec. 4. 1. Except as otherwise provided in subsection 2:
(a) Any provision of an ordinance, resolution or regulation adopted before October 1, 1997; and
(b) Any other action taken before October 1, 1997,
by the governing body of a county, city or town, or by an agency or other instrumentality of a county, city or town, which places a limitation on the maximum amount of rent a landlord may charge for residential property, shall be deemed repealed or otherwise rescinded on October 1, 1997.
2. The provisions of subsection 1 do not:
(a) Apply to an agreement between a landlord and a tenant to limit the maximum amount of rent the landlord may charge for residential property.
(b) Apply retroactively regarding any failure, before October 1, 1997, to:
(1) Comply with any provision of an ordinance, resolution or regulation adopted; or
(2) Take any other action required,
by the governing body of a county, city or town, or by an agency or other instrumentality of a county, city or town.
3. As used in this section:
(a) "Landlord" means a person who provides residential property for occupancy by another person pursuant to a rental agreement.
(b) "Rent" means payments to be made to a landlord pursuant to a rental agreement.
(c) "Rental agreement" means an oral or written agreement for the use and occupancy of residential property.
(d) "Residential property" includes:
(1) A dwelling, as defined in NRS 118A.080;
(2) A mobile home, as defined in NRS 118B.015; and
(3) A portion of land used to accommodate a mobile home.
The term does not include public property.
(e) "Tenant" means a person entitled to occupy residential property to the exclusion of others pursuant to a rental agreement.