(Reprinted with amendments adopted on April 18, 2003)

 

Assembly Bill No. 408–Assemblymen Griffin
and Hettrick

 

March 17, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions relating to freedom to display flag of United States. (BDR 22‑910)

 

FISCAL NOTE:    Effect on Local Government: No.

            Effect on the State: No.

 

~

 

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

 

AN ACT relating to the display of the flag of the United States; providing that the governing body of a local government may not take any action to prohibit an owner of real property from engaging in the display of the flag on his property; providing that covenants, restrictions and conditions relating to real property are void and unenforceable to the extent that they prohibit an owner of real property from engaging in the display of the flag on his property; providing that executive boards of common-interest communities and landlords may not prohibit a unit’s owner or tenant, as applicable, from engaging in the display of the flag within that portion of the common-interest community, premises or manufactured home lot that the unit’s owner or tenant has a right to occupy and use exclusively; allowing the imposition of reasonable restrictions with respect to the placement and manner of display of the flag; providing for the payment to a prevailing party of reasonable attorney’s fees and costs incurred to pursue certain legal actions; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

2-1  Section 1. Chapter 278 of NRS is hereby amended by adding

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

2-3  1.  Except as otherwise provided in subsection 2:

2-4  (a) A governing body shall not adopt an ordinance, regulation

2-5  or plan or take any other action that prohibits an owner of real

2-6  property from engaging in the display of the flag of the United

2-7  States on his property.

2-8  (b) Any covenant, restriction or condition contained in a deed,

2-9  contract or other legal instrument which affects the transfer, sale

2-10  or any other interest in real property that prohibits the owner of

2-11  the property from engaging in the display of the flag of the United

2-12  States on his property is void and unenforceable.

2-13      2.  The provisions of this section do not:

2-14      (a) Apply to displays of the flag of the United States for

2-15  commercial advertising purposes.

2-16      (b) Preclude a governing body from imposing reasonable

2-17  restrictions as to the time, place and manner of display of the flag

2-18  of the United States if the governing body determines that such

2-19  restrictions are necessary to protect the health, safety or welfare of

2-20  the public.

2-21      3.  In any action commenced to enforce the provisions of this

2-22  section, the prevailing party is entitled to recover reasonable

2-23  attorney’s fees and costs.

2-24      4.  As used in this section, “display of the flag of the United

2-25  States” means a flag of the United States that is:

2-26      (a) Made of cloth, fabric or paper;

2-27      (b) Displayed from a pole or staff or in a window; and

2-28      (c) Displayed in a manner that is consistent with 4 U.S.C.

2-29  chapter 1.

2-30  The term does not include a depiction or emblem of the flag of the

2-31  United States that is made of balloons, flora, lights, paint, paving

2-32  materials, roofing, siding or any other similar building, decorative

2-33  or landscaping component.

2-34      Sec. 2.  NRS 278.010 is hereby amended to read as follows:

2-35      278.010  As used in NRS 278.010 to 278.630, inclusive, and

2-36  section 1 of this act, unless the context otherwise requires, the

2-37  words and terms defined in NRS 278.0105 to 278.0195, inclusive,

2-38  have the meanings ascribed to them in those sections.

2-39      Sec. 3.  Chapter 111 of NRS is hereby amended by adding

2-40  thereto a new section to read as follows:

2-41      1.  Except as otherwise provided in subsection 2, any

2-42  covenant, restriction or condition contained in a deed, contract or

2-43  other legal instrument which affects the transfer, sale or any other

2-44  interest in real property that prohibits the owner of the property

3-1  from engaging in the display of the flag of the United States on his

3-2  property is void and unenforceable.

3-3  2.  The provisions of this section do not apply to displays of

3-4  the flag of the United States for commercial advertising purposes.

3-5  3.  In any action commenced to enforce the provisions of this

3-6  section, the prevailing party is entitled to recover reasonable

3-7  attorney’s fees and costs.

3-8  4.  As used in this section, “display of the flag of the United

3-9  States” means a flag of the United States that is:

3-10      (a) Made of cloth, fabric or paper;

3-11      (b) Displayed from a pole or staff or in a window; and

3-12      (c) Displayed in a manner that is consistent with 4 U.S.C.

3-13  chapter 1.

3-14  The term does not include a depiction or emblem of the flag of the

3-15  United States that is made of balloons, flora, lights, paint, paving

3-16  materials, roofing, siding or any other similar building, decorative

3-17  or landscaping component.

3-18      Sec. 4.  Chapter 116 of NRS is hereby amended by adding

3-19  thereto a new section to read as follows:

3-20      1.  Except as otherwise provided in subsection 2, the executive

3-21  board of an association shall not and the governing documents of

3-22  that association must not prohibit a unit’s owner from engaging in

3-23  the display of the flag of the United States within such physical

3-24  portion of the common-interest community as that owner has a

3-25  right to occupy and use exclusively.

3-26      2.  The provisions of this section do not:

3-27      (a) Apply to the display of the flag of the United States for

3-28  commercial advertising purposes.

3-29      (b) Preclude an association from adopting, and do not

3-30  preclude the governing documents of an association from setting

3-31  forth, rules that reasonably restrict the placement and manner of

3-32  display of the flag of the United States by a unit’s owner.

3-33      3.  In any action commenced to enforce the provisions of this

3-34  section, the prevailing party is entitled to recover reasonable

3-35  attorney’s fees and costs.

3-36      4.  As used in this section, “display of the flag of the United

3-37  States” means a flag of the United States that is:

3-38      (a) Made of cloth, fabric or paper;

3-39      (b) Displayed from a pole or staff or in a window; and

3-40      (c) Displayed in a manner that is consistent with 4 U.S.C.

3-41  chapter 1.

3-42  The term does not include a depiction or emblem of the flag of the

3-43  United States that is made of balloons, flora, lights, paint, paving

3-44  materials, roofing, siding or any other similar building, decorative

3-45  or landscaping component.

4-1  Sec. 5.  Chapter 118A of NRS is hereby amended by adding

4-2  thereto a new section to read as follows:

4-3  1.  Except as otherwise provided in subsection 2, a landlord or

4-4  an agent or employee of a landlord shall not prohibit a tenant

4-5  from engaging in the display of the flag of the United States within

4-6  such physical portion of the premises as that tenant has a right to

4-7  occupy and use exclusively.

4-8  2.  The provisions of this section do not:

4-9  (a) Apply to the display of the flag of the United States for

4-10  commercial advertising purposes.

4-11      (b) Preclude a landlord or an agent or employee of a landlord

4-12  from adopting rules that reasonably restrict the placement and

4-13  manner of display of the flag of the United States by a tenant.

4-14      3.  In any action commenced to enforce the provisions of this

4-15  section, the prevailing party is entitled to recover reasonable

4-16  attorney’s fees and costs.

4-17      4.  As used in this section, “display of the flag of the United

4-18  States” means a flag of the United States that is:

4-19      (a) Made of cloth, fabric or paper;

4-20      (b) Displayed from a pole or staff or in a window; and

4-21      (c) Displayed in a manner that is consistent with 4 U.S.C.

4-22  chapter 1.

4-23  The term does not include a depiction or emblem of the flag of the

4-24  United States that is made of balloons, flora, lights, paint, paving

4-25  materials, roofing, siding or any other similar building, decorative

4-26  or landscaping component.

4-27      Sec. 6.  NRS 118A.180 is hereby amended to read as follows:

4-28      118A.180  1.  Except as provided in subsection 2, this chapter

4-29  applies to, regulates and determines rights, obligations and remedies

4-30  under a rental agreement, wherever made, for a dwelling unit or

4-31  premises located within this state.

4-32      2.  This chapter does not apply to:

4-33      (a) A rental agreement subject to the provisions of chapter 118B

4-34  of NRS;

4-35      (b) Low-rent housing programs operated by public housing

4-36  authorities and established pursuant to the United States Housing

4-37  Act of 1937, 42 U.S.C. §§ 1437 et seq.;

4-38      (c) A person who owns and personally manages four or fewer

4-39  dwelling units, except with respect to the provisions of NRS

4-40  118A.200, 118A.300, 118A.340, 118A.380, 118A.450 and

4-41  118A.460[;] and section 5 of this act;

4-42      (d) Residence in an institution, public or private, incident to

4-43  detention or the provision of medical, geriatric, educational,

4-44  counseling, religious or similar service;

5-1  (e) Occupancy under a contract of sale of a dwelling unit or the

5-2  property of which it is a part, if the occupant is the purchaser or his

5-3  successor in interest;

5-4  (f) Occupancy by a member of a fraternal or social organization

5-5  in the portion of a structure operated for the benefit of the

5-6  organization;

5-7  (g) Occupancy in a hotel or motel for less than 30 consecutive

5-8  days unless the occupant clearly manifests an intent to remain for a

5-9  longer continuous period;

5-10      (h) Occupancy by an employee of a landlord whose right to

5-11  occupancy is solely conditional upon employment in or about the

5-12  premises;

5-13      (i) Occupancy by an owner of a condominium unit or by a

5-14  holder of a proprietary lease in a cooperative apartment; or

5-15      (j) Occupancy under a rental agreement covering premises used

5-16  by the occupant primarily for agricultural purposes.

5-17      Sec. 7.  NRS 118A.200 is hereby amended to read as follows:

5-18      118A.200  1.  Any written agreement for the use and

5-19  occupancy of a dwelling unit or premises must be signed by the

5-20  landlord or his agent and the tenant or his agent.

5-21      2.  Any written rental agreement must contain, but is not limited

5-22  to, provisions relating to the following subjects:

5-23      (a) Duration of the agreement.

5-24      (b) Amount of rent and the manner and time of its payment.

5-25      (c) Occupancy by children or pets.

5-26      (d) Services included with the dwelling rental.

5-27      (e) Fees which are required and the purposes for which they are

5-28  required.

5-29      (f) Deposits which are required and the conditions for their

5-30  refund.

5-31      (g) Charges which may be required for late or partial payment of

5-32  rent or for return of any dishonored check.

5-33      (h) Inspection rights of the landlord.

5-34      (i) A listing of persons or numbers of persons who are to occupy

5-35  the dwelling.

5-36      (j) Respective responsibilities of the landlord and the tenant as

5-37  to the payment of utility charges.

5-38      (k) A signed record of the inventory and condition of the

5-39  premises under the exclusive custody and control of the tenant.

5-40      (l) A summary of the provisions of NRS 202.470.

5-41      (m) Information regarding the procedure pursuant to which a

5-42  tenant may report to the appropriate authorities:

5-43          (1) A nuisance.

5-44          (2) A violation of a building, safety or health code or

5-45  regulation.

6-1  (n) Information regarding the right of the tenant to engage in

6-2  the display of the flag of the United States, as set forth in section 5

6-3  of this act.

6-4  3.  The absence of a written agreement raises a disputable

6-5  presumption that:

6-6  (a) There are no restrictions on occupancy by children or pets.

6-7  (b) Maintenance and waste removal services are provided

6-8  without charge to the tenant.

6-9  (c) No charges for partial or late payments of rent or for

6-10  dishonored checks are paid by the tenant.

6-11      (d) Other than normal wear, the premises will be returned in the

6-12  same condition as when the tenancy began.

6-13      4.  It is unlawful for a landlord or any person authorized to

6-14  enter into a rental agreement on his behalf to use any written

6-15  agreement which does not conform to the provisions of this section,

6-16  and any provision in an agreement which contravenes the provisions

6-17  of this section is void.

6-18      Sec. 8.  Chapter 118B of NRS is hereby amended by adding

6-19  thereto a new section to read as follows:

6-20      1.  Except as otherwise provided in subsection 2, a landlord or

6-21  an agent or employee of a landlord shall not prohibit a tenant

6-22  from engaging in the display of the flag of the United States within

6-23  the boundary of the lot of the tenant.

6-24      2.  The provisions of this section do not:

6-25      (a) Apply to the display of the flag of the United States for

6-26  commercial advertising purposes.

6-27      (b) Preclude a landlord or an agent or employee of a landlord

6-28  from adopting rules that reasonably restrict the placement and

6-29  manner of display of the flag of the United States by a tenant.

6-30      3.  In any action commenced to enforce the provisions of this

6-31  section, the prevailing party is entitled to recover reasonable

6-32  attorney’s fees and costs.

6-33      4.  As used in this section, “display of the flag of the United

6-34  States” means a flag of the United States that is:

6-35      (a) Made of cloth, fabric or paper;

6-36      (b) Displayed from a pole or staff or in a window; and

6-37      (c) Displayed in a manner that is consistent with 4 U.S.C.

6-38  chapter 1.

6-39  The term does not include a depiction or emblem of the flag of the

6-40  United States that is made of balloons, flora, lights, paint, paving

6-41  materials, roofing, siding or any other similar building, decorative

6-42  or landscaping component.

6-43      Sec. 9.  NRS 118B.040 is hereby amended to read as follows:

6-44      118B.040  1.  A rental agreement or lease between a landlord

6-45  and tenant to rent or lease any manufactured home lot must be in

7-1  writing. The landlord shall give the tenant a copy of the agreement

7-2  or lease at the time the tenant signs it.

7-3  2.  A rental agreement or lease must contain, but is not limited

7-4  to, provisions relating to:

7-5  (a) The duration of the agreement.

7-6  (b) The amount of rent, the manner and time of its payment and

7-7  the amount of any charges for late payment and dishonored checks.

7-8  (c) Restrictions on occupancy by children or pets.

7-9  (d) Services and utilities included with the rental of a lot and the

7-10  responsibility of maintaining or paying for them, including the

7-11  charge, if any, for cleaning the lots.

7-12      (e) Deposits which may be required and the conditions for their

7-13  refund.

7-14      (f) Maintenance which the tenant is required to perform and any

7-15  appurtenances he is required to provide.

7-16      (g) The name and address of the owner of the manufactured

7-17  home park and his authorized agent.

7-18      (h) Any restrictions on subletting.

7-19      (i) Any recreational facilities and other amenities provided to the

7-20  tenant and any deposits or fees required for their use.

7-21      (j) Any restriction of the park to older persons pursuant to

7-22  federal law.

7-23      (k) The dimensions of the manufactured home lot of the tenant.

7-24      (l) A summary of the provisions of NRS 202.470.

7-25      (m) Information regarding the procedure pursuant to which a

7-26  tenant may report to the appropriate authorities:

7-27          (1) A nuisance.

7-28          (2) A violation of a building, safety or health code or

7-29  regulation.

7-30      (n) Information regarding the right of the tenant to engage in

7-31  the display of the flag of the United States, as set forth in section 8

7-32  of this act.

7-33      (o) The amount to be charged each month to the tenant to

7-34  reimburse the landlord for the cost of a capital improvement to the

7-35  manufactured home park. Such an amount must be stated separately

7-36  and include the length of time the charge will be collected and the

7-37  total amount to be recovered by the landlord from all tenants in the

7-38  manufactured home park.

7-39      Sec. 10.  NRS 118B.210 is hereby amended to read as follows:

7-40      118B.210  1.  The landlord shall not terminate a tenancy,

7-41  refuse to renew a tenancy, increase rent or decrease services he

7-42  normally supplies, or bring or threaten to bring an action for

7-43  possession of a manufactured home lot as retaliation upon the tenant

7-44  because:

8-1  (a) He has complained in good faith about a violation of a

8-2  building, safety or health code or regulation pertaining to a

8-3  manufactured home park to the governmental agency responsible

8-4  for enforcing the code or regulation.

8-5  (b) He has complained to the landlord concerning the

8-6  maintenance, condition or operation of the park or a violation of any

8-7  provision of NRS 118B.040 to 118B.220, inclusive, and section 8

8-8  of this act or 118B.240.

8-9  (c) He has organized or become a member of a tenants’ league

8-10  or similar organization.

8-11      (d) He has requested the reduction in rent required by:

8-12          (1) NRS 118.165 as a result of a reduction in property taxes.

8-13          (2) NRS 118B.153 when a service, utility or amenity is

8-14  decreased or eliminated by the landlord.

8-15      (e) A citation has been issued to the landlord as the result of a

8-16  complaint of the tenant.

8-17      (f) In a judicial proceeding or arbitration between the landlord

8-18  and the tenant, an issue has been determined adversely to the

8-19  landlord.

8-20      2.  A landlord, manager or assistant manager of a manufactured

8-21  home park shall not willfully harass a tenant.

8-22      3.  A tenant shall not willfully harass a landlord, manager or

8-23  assistant manager of a manufactured home park or an employee or

8-24  agent of the landlord.

8-25      4.  As used in this section, “harass” means to threaten or

8-26  intimidate, through words or conduct, with the intent to affect the

8-27  terms or conditions of a tenancy or a person’s exercise of his rights

8-28  pursuant to this chapter.

8-29      Sec. 11.  On or before July 1, 2003, the persons and entities

8-30  described in this section shall review and amend as necessary to

8-31  ensure compliance with the provisions of this act:

8-32      1.  In the case of a governing body described in section 1 of this

8-33  act, the ordinances, regulations and plans of the governing body.

8-34      2.  In the case of an executive body of a common-interest

8-35  community described in section 4 of this act, the governing

8-36  documents of the common-interest community.

8-37      3.  In the case of a landlord described in section 5 of this act,

8-38  the rental agreements and policies of the landlord.

8-39      4.  In the case of a landlord described in section 8 of this act,

8-40  the rental agreements and policies of the manufactured home park.

8-41      Sec. 12.  This act becomes effective upon passage and

8-42  approval.

 

8-43  H