Assembly Bill No. 245–Assemblymen Collins, Manendo, Claborn, Gibbons, Goicoechea, Horne and Mortenson

 

CHAPTER..........

 

AN ACT relating to manufactured home parks; prohibiting a governing body, commission or board authorized to approve the conversion of a manufactured home park into individually owned lots from requiring certain changes to certain existing restrictions applicable to the park as a condition of approval for the conversion; revising the period that a landlord who is converting a manufactured home park into individual manufactured home lots is required to hold open an offer to sell a lot to a tenant; prohibiting a landlord from selling a lot to a person other than the tenant for a certain period for a more favorable price or terms than those offered to the tenant; providing that such an offer or certain notice by
the landlord does not constitute notice of termination of the tenancy of the tenant; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. Chapter 278 of NRS is hereby amended by adding

thereto a new section to read as follows:

    A governing body, commission or board whose approval is

necessary pursuant to NRS 278.010 to 278.630, inclusive, for the

conversion of an existing mobile home park into individually

owned mobile home lots:

    1.  Except as otherwise provided in subsection 2, may not

require any change to existing densities, uses, lot sizes, setbacks or

other similar restrictions applicable to the mobile home park as a

condition of the approval of the conversion.

    2.  May impose reasonable restrictions related to health and

safety as a condition of the approval of the conversion.

    Sec. 2.  NRS 278.010 is hereby amended to read as follows:

    278.010  As used in NRS 278.010 to 278.630, inclusive, and

section 1 of this act, unless the context otherwise requires, the

words and terms defined in NRS 278.0105 to 278.0195, inclusive,

have the meanings ascribed to them in those sections.

    Sec. 3.  NRS 118B.180 is hereby amended to read as follows:

    118B.180  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, 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 , 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 [75 days before he offers the lot for sale to the

public;] 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 [an occupied lot for more than a

vacant lot of similar location, size and shape;

    (d) The] 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,

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.

    2.  Notice sent pursuant to paragraph (a) of subsection 1 or an

offer to sell a manufactured home lot to a tenant required

pursuant to paragraph (b) of subsection 1 does not constitute

notice of termination of the tenancy.

    3.  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.

    [3.] 4. The provisions of this section do not apply to a

corporate cooperative park.

 

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