(Reprinted with amendments adopted on April 18, 2003)

 

Assembly Bill No. 352–Assemblymen Ohrenschall, Claborn and Buckley

 

March 17, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes relating to manufactured home parks. (BDR 43‑970)

 

FISCAL NOTE:    Effect on Local Government: No.

                             Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to mobile homes; revising provisions relating to the sale of an older mobile home; requiring a disclosure by the owner that the older mobile home does not meet certain standards required by statute or ordinance at the time of sale; requiring the landlord of a manufactured home park to prepare and disseminate an annual statement regarding the profitability of the park; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 489 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  A contract for the sale of a mobile home in a mobile home park

1-4  must state:

1-5  1.  That the lot on which it is located is not included in the

1-6  purchase.

1-7  2.  In conspicuous type, that the buyer should obtain legal

1-8  advice, and where that advice is available in the community

1-9  without charge, if it is so available.

1-10      3.  The dates, if known, of last maintenance and of any

1-11  required maintenance or cleaning of major equipment, including

1-12  the furnace, chimney and water heater.

2-1  4.  If the owner of the park is the seller and the mobile home

2-2  was constructed before June 15, 1976, a disclosure before the

2-3  contract is signed of any known elements in the construction or

2-4  connection of the mobile home to utilities that do not meet the

2-5  standards required by statute or ordinance at the time of sale. If

2-6  such a seller discloses that the mobile home does not comply with

2-7  the safety standards set forth in NRS 461A.120, the seller shall

2-8  disclose specifically the manner in which the mobile home does

2-9  not comply with the standards.

2-10      Sec. 2.  Chapter 118B of NRS is hereby amended by adding

2-11  thereto a new section to read as follows:

2-12      1.  At the beginning of each tax year, the landlord shall

2-13  prepare an annual statement which contains the following

2-14  information:

2-15      (a) The net profits earned by the landlord for the preceding tax

2-16  year;

2-17      (b) The landlord’s rate of return for the manufactured home

2-18  park for each of the 5 preceding tax years or, if the landlord has

2-19  owned or leased the manufactured home park for fewer than 5

2-20  years, for each year that he has owned or leased the manufactured

2-21  home park; and

2-22      (c) The number of years that the landlord has owned or leased

2-23  the manufactured home park.

2-24      2.  Not later than May 1 of each year, the landlord shall:

2-25      (a) Post a copy of the annual statement required pursuant to

2-26  subsection 1 in a conspicuous and readily accessible place in the

2-27  community or recreation facility of the manufactured home park

2-28  or other common area of the manufactured home park;

2-29      (b) Mail, return receipt requested, or personally deliver a copy

2-30  of the annual statement to each tenant of the manufactured home

2-31  park and obtain the tenant’s signature acknowledging receipt of

2-32  the statement; and

2-33      (c) Submit a copy of the annual statement to the Division.

2-34      3.  The landlord shall provide a current version of the annual

2-35  statement prepared pursuant to subsection 1 to each prospective

2-36  tenant of the manufactured home park.

2-37      Sec. 3.  This act becomes effective on July 1, 2003.

 

2-38  H