WINDSOR PARK ENVIRONMENTAL JUSTICE ACT

[Rev. 6/29/2024 7:33:30 PM--2023]

Chapter 531, Statutes of Nevada 2023

AN ACT relating to housing; establishing a program for the relocation of persons residing in single-family residences in the Windsor Park neighborhood of the City of North Las Vegas; making an appropriation; requiring quarterly reports to the Interim Finance Committee; and providing other matters properly relating thereto.

[Approved: June 16, 2023]

(Leadlines for sections have been supplied by the Legislative Counsel of the State of Nevada)

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

Section 1. Short Title. This act may be cited as the Windsor Park Environmental Justice Act.

(Ch. 531, Stats. 2023 p. 3539)

Sec. 2. Legislative findings and declaration. The Legislature hereby finds and declares:

1. Windsor Park is a single-family residential development in North Las Vegas built between 1964 and 1966 for Black families, to allow them to own their own homes and build wealth that could be passed to future generations.

2. Windsor Park was built over geological faults, and the withdrawal of groundwater from the aquifer beneath Windsor Park, in combination with the faults, caused the ground beneath Windsor Park to sink.

3. This sinking, or subsidence, damaged homes, roads, water and gas lines, and many homes in Windsor Park became uninhabitable and had to be demolished.

4. Beginning in the late 1980’s and early 1990’s, the Federal Government, the State of Nevada and the City of North Las Vegas provided approximately $14 million to help residents of Windsor Park, which was used by the City to:

(a) Move and rehabilitate four homes;

(b) Build and relocate residents to 45 new homes; and

5. Under the above programs, 90 Windsor Park residents were unable to find another suitable home or move to a suitable, rehabilitated home.

6. The Windsor Park residents who could not move remain residents of Windsor Park in homes that have experienced significant damage because of ground subsidence, and these residents need a new solution to obtain new homes.

7. Because of the ground subsidence and damage unique to the Windsor Park neighborhood, it is necessary to enact a law of local and special application to provide the residents of Windsor Park a solution to this unique problem, which is found nowhere else in this State.

8. Given that a law of local and special application is necessary to accomplish the purposes of this act and given that such a law is necessary to benefit the residents of that local and special area known as Windsor Park, a general law cannot be made applicable to the purposes, objects, powers, rights, privileges, immunities, liabilities, duties and disabilities set forth in this act.

(Ch. 531, Stats. 2023 p. 3539)

Sec. 3. Definitions. As used in sections 1 to 9.7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

(Ch. 531, Stats. 2023 p. 3540)

Sec. 4. “City” defined. “City” means the City of North Las Vegas.

(Ch. 531, Stats. 2023 p. 3540)

Sec. 6. “Housing Division” defined. “Housing Division” means the Housing Division of the Department of Business and Industry.

(Ch. 531, Stats. 2023 p. 3540)

Sec. 7. “Single-family residence” defined. “Single-family residence” means a parcel or other unit of real property or unit of personal property which is:

1. Intended or designed to be occupied by one family with facilities for living, sleeping, cooking and eating; and

2. Occupied by the owner of the parcel or other unit of real property or, if the parcel or other unit of real property is owned by a trust, occupied by the trustee or a member of his or her immediate family.

(Ch. 531, Stats. 2023 p. 3540)

Sec. 8. “Windsor Park neighborhood” defined. “Windsor Park neighborhood” means the area of the City lying north of West Cartier Avenue, west of Clayton Street, east of Chamberlain Lane and south of West Evans Avenue.

(Ch. 531, Stats. 2023 p. 3540)

Sec. 9. Establishment and administration of program by Housing Division to exchange single-family residences in Windsor Park neighborhood for adjacent single-family residences; selection of entity to enter into contracts for study, financing and development of vacant land adjacent to Windsor Park neighborhood; duties of entity selected, City and Housing Division; requirements for exchange of single-family residences.

1. The Housing Division shall establish and administer a program pursuant to which the owner of a single-family residence in the Windsor Park neighborhood who owns that residence on July 1, 2023, may exchange that single-family residence for another single-family residence constructed in accordance with this section.

2. The Housing Division shall apply for any available grants of money from the Federal Government to carry out the provisions of sections 1 to 9.7, inclusive, of this act and shall select a governmental agency, nonprofit corporation or other entity engaged in the development of affordable housing to develop single-family residences on vacant land adjacent to the Windsor Park neighborhood. The governmental agency, nonprofit corporation or other entity selected by the Housing Division pursuant to this subsection shall, in accordance with a financing agreement entered into pursuant to subsection 5, contract with qualified professionals for a study of vacant land adjacent to the Windsor Park neighborhood that could be acquired to ensure that such land will not subside, acquire vacant land adjacent to the Windsor Park neighborhood if the study finds that such land will not subside and enter into contracts to develop and construct single-family residences on that land. In awarding such contracts, a preference with a relative weight of 5 percent must be assigned to an applicant that is a business in which at least 50 percent of the interest is owned by a resident or former resident of the Windsor Park neighborhood. Any restriction on the price which the Housing Division may pay to acquire a parcel of real property does not apply to an acquisition pursuant to this section.

3. The number of single-family residences constructed pursuant to this section must be sufficient in number to enable each household residing in a single-family residence in the Windsor Park neighborhood on July 1, 2023, to obtain such a single-family residence, and the single-family residences constructed pursuant to this section must enable a household residing in a single-family residence in the Windsor Park neighborhood on July 1, 2023, to obtain a single-family residence with the same amount of square footage as the residence in the Windsor Park neighborhood.

4. The City shall grant the employees and representatives of the governmental entity, nonprofit corporation or other entity selected by the Housing Division, and the Housing Division, access to any right-of-way owned or controlled by the City and access to any lots owned by the City within the Windsor Park neighborhood when such access is necessary to carry out the provisions of this section, and the City shall not unreasonably withhold such access.

5. The governmental entity, nonprofit corporation or other entity selected by the Housing Division pursuant to subsection 2, the City and the Housing Division shall enter into an agreement to finance the development and construction of single-family residences pursuant to this section. The agreement must require:

(a) The use of money appropriated or authorized by the Legislature to the Housing Division for the purposes set forth in this section.

(b) Any other money from any public or private source, including, without limitation, any gift, grant, appropriation or contribution, available to be used for the purposes set forth in this section.

6. Upon the issuance of a certificate of occupancy for each single-family residence constructed pursuant to this section, the owner of a single-family residence in the Windsor Park neighborhood who owns that residence on July 1, 2023, may exchange that single-family residence for a single-family residence which was constructed pursuant to this section and which has at least the same amount of square footage as the residence being exchanged. If the single-family residence being exchanged is:

(a) Encumbered by a mortgage or deed of trust, the single-family residence may not be exchanged unless the existing mortgage or deed of trust is paid in full. The Housing Division shall provide assistance to arrange any financing necessary to pay off the existing mortgage or deed of trust, including, without limitation, any down payment assistance available under any program administered by the Housing Division.

(b) Leased to a tenant occupying the single-family residence under a lease agreement, the lease agreement remains in effect with the same terms and conditions.

Ê Any single-family residence acquired pursuant to this subsection may not be sold for a period of 5 years after the single-family residence is acquired, except that such a single-family residence may be transferred in a transaction that is exempt from the taxes imposed by chapter 375 of NRS pursuant to NRS 375.090.

7. The power, sewer and other connection fees imposed by the City on a single-family residence in the Windsor Park neighborhood must be transferred to a single-family residence acquired pursuant to this section as the power, sewer and the connections fees to be imposed on that single-family residence.

8. Any property in the Windsor Park neighborhood that is exchanged pursuant to this section must be used only for the purposes of a public park to memorialize the past and present residents of the Windsor Park neighborhood.

(Ch. 531, Stats. 2023 p. 3540)

Sec. 9.3. Establishment of program by Housing Division to pay moving expenses and restitution to owners of single-family residences in Windsor Park neighborhood and costs of rehabilitation; transfer of certain money to Housing Division; disbursement of money by Housing Division; reduction of payments if insufficient funds available.

1. The Housing Division shall establish a program to pay:

(a) The moving expenses of and restitution to the owners of single-family residences in the Windsor Park neighborhood in the manner set forth in this section.

(b) The cost of the rehabilitation of the homes constructed with money received by the City from Community Development Block Grants for the purpose of rehabilitating homes in the Windsor Park neighborhood.

2. The City shall transfer to the Housing Division:

(a) Any remaining proceeds of general obligation bonds issued by the City and purchased by the Federal National Mortgage Association for the purpose of relocating residents of the Windsor Park neighborhood.

(b) Any money remaining from Community Development Block Grants awarded to the City for the purpose of relocating residents in the Windsor Park neighborhood.

(c) Any money remaining from Community Development Block Grants awarded to the City for the purpose of constructing residences for the residents of the Windsor Park neighborhood.

Ê Any money received pursuant to this subsection must be accounted for separately and may be used only to carry out the provisions of this section.

3. From amounts transferred to the Housing Division pursuant to paragraphs (a) and (b) of subsection 2, the Housing Division shall:

(a) Pay restitution in the amount of $50,000 to the owner of a single-family residence in the Windsor Park neighborhood who resides in the neighborhood on July 1, 2023, and who was the initial occupant of that single-family residence, or to the descendants of that owner who inherited the single-family residence from the initial occupant and who reside in the single-family residence on July 1, 2023.

(b) Pay restitution in the amount of $10,000 to the person who was the initial occupant of a single-family residence in the Windsor Park neighborhood, or to the descendants of that person who inherited the single-family residence from the initial occupant.

(c) Pay the actual moving expenses of a person who acquires a single-family residence pursuant to section 9 of this act and who moves from the Windsor Park neighborhood to that acquired single-family residence.

4. From the amount transferred to the Housing Division pursuant to paragraph (c) of subsection 2, the Housing Division shall pay, in an amount not to exceed $10,000 per single-family residence, the cost of rehabilitating a single-family residence constructed for a resident of the Windsor Park neighborhood using money received by the City from a Community Development Block Grant. The governmental entity, nonprofit corporation or other entity selected by the Housing Division pursuant to subsection 2 of section 9 of this act shall inspect the single-family residence to determine whether or not the rehabilitation has been satisfactorily completed.

5. To the extent that money transferred to the Housing Division pursuant to subsection 2 is insufficient to make the entire amount of the payments required by subsection 3 or 4, the Housing Division shall reduce such payments on a pro rata basis.

(Ch. 531, Stats. 2023 p. 3542)

Sec. 9.7. Unlawful to sell or list for sale real property in Windsor Park neighborhood. It is unlawful to sell or list for sale any real property intended for occupancy as a residence within the Windsor Park neighborhood.

(Ch. 531, Stats. 2023 p. 3542)

Sec. 11.7. Quarterly report by Housing Division. The Housing Division of the Department of Business and Industry shall, on a quarterly basis, submit a report to the Interim Finance Committee concerning the progress of the Housing Division in carrying out the provisions of this act.

(Ch. 531, Stats. 2023 p. 3543)