Assembly Bill No. 89–Assemblymen Leslie, Giunchigliani, McClain, Parks, Atkinson, Buckley, Chowning, Collins, Horne, Koivisto, Manendo and Oceguera

 

February 13, 2003

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Referred to Committee on Commerce and Labor

 

SUMMARY—Removes exemption for landlords who own and personally manage four or fewer residential dwellings from provisions relating to landlords and tenants. (BDR 10‑952)

 

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 residential tenancy; removing the exemption for landlords who own and personally manage four or fewer residential dwellings from provisions relating to landlords and tenants; 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. NRS 118A.180 is hereby amended to read as

1-2  follows:

1-3  118A.180  1.  Except as otherwise provided in subsection 2,

1-4  this chapter applies to, regulates and determines rights, obligations

1-5  and remedies under a rental agreement, wherever made, for a

1-6  dwelling unit or premises located within this state.

1-7  2.  This chapter does not apply to:

1-8  (a) A rental agreement subject to the provisions of chapter 118B

1-9  of NRS;

1-10      (b) Low-rent housing programs operated by public housing

1-11  authorities and established pursuant to the United States Housing

1-12  Act of 1937, 42 U.S.C. §§ 1437 et seq.;

2-1  (c) [A person who owns and personally manages four or fewer

2-2  dwelling units, except with respect to the provisions of NRS

2-3  118A.200, 118A.300, 118A.340, 118A.380, 118A.450 and

2-4  118A.460;

2-5  (d)] Residence in an institution, public or private, incident to

2-6  detention or the provision of medical, geriatric, educational,

2-7  counseling, religious or similar service;

2-8  [(e)] (d) Occupancy under a contract of sale of a dwelling unit or

2-9  the property of which it is a part, if the occupant is the purchaser or

2-10  his successor in interest;

2-11      [(f)] (e) Occupancy by a member of a fraternal or social

2-12  organization in the portion of a structure operated for the benefit of

2-13  the organization;

2-14      [(g)] (f) Occupancy in a hotel or motel for less than 30

2-15  consecutive days unless the occupant clearly manifests an intent to

2-16  remain for a longer continuous period;

2-17      [(h)] (g) Occupancy by an employee of a landlord whose right to

2-18  occupancy is solely conditional upon employment in or about the

2-19  premises;

2-20      [(i)] (h) Occupancy by an owner of a condominium unit or by a

2-21  holder of a proprietary lease in a cooperative apartment; or

2-22      [(j)] (i) Occupancy under a rental agreement covering premises

2-23  used by the occupant primarily for agricultural purposes.

 

2-24  H