Assembly Bill No. 627-Assemblymen Ohrenschall, Close, Perkins, Buckley, Manendo, Bache, Arberry, Giunchigliani, Amodei, Price, Collins and Anderson
June 21, 1997
____________
Referred to Committee on Commerce
SUMMARY--Makes various changes relating to mobile homes. (BDR 10-1259)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to mobile homes; providing additional requirements for the protection of their owners, purchasers and renters; 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 118B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2 An owner, manager or other person responsible for maintaining the records of a mobile home park shall keep confidential any information in his possession concerning the personal or financial affairs of a tenant, including, but not limited to, his social security number, credit cards or bank accounts.
Sec. 3 1. Except as otherwise provided in subsection 2 or in an emergency, the owner or manager of a mobile home park shall not enter a mobile home within the park more than once in a year, and shall give 30 days' notice of the date for entry. No other person may enter a mobile home without the consent of the owner.
2. The owner or manager of a mobile home park may enter a mobile home within the park at any time with the permission of the occupant, and may enter under circumstances provided in the rental agreement if the owner of the park is the lessor of the mobile home.
Sec. 4 NRS 118B.040 is hereby amended to read as follows:
118B.0401. A rental agreement or lease between a landlord and tenant to rent or lease any mobile home lot must be in writing. The landlord shall give the tenant a copy of the agreement or lease at the time the tenant signs it.
2. A rental agreement or lease must contain , but is not limited to , provisions relating to:
(a) The duration of the agreement.
(b) The amount of rent, the manner and time of its payment and the amount of any charges for late payment and dishonored checks. Any provision for a periodic increase in rent must be calculated in the manner prescribed by regulation of the division.
(c) Restrictions on occupancy by children . [or pets.]
(d) Services and utilities included with the rental of a lot and the responsibility of maintaining or paying for them, including the charge, if any, for cleaning the lots.
(e) Deposits which may be required and the conditions for their refund.
(f) Maintenance which the tenant is required to perform and any appurtenances he is required to provide.
(g) The name and address of the owner of the mobile home park and his authorized agent.
(h) Any restrictions on subletting.
(i) Any recreational facilities and other amenities provided to the tenant and any deposits or fees required for their use.
(j) Any restriction of the park to older persons pursuant to federal law.
(k) The dimensions of the mobile home lot of the tenant.
(l) The amount to be charged each month to the tenant to reimburse the landlord for the cost of a capital improvement to the mobile home park. Such an amount must be stated separately and include the length of time the charge will be collected and the total amount to be recovered by the landlord from all tenants in the mobile home park.
3. The administrator shall inspect the records of mobile home parks at least annually to determine whether there is a rental agreement signed by the tenant for each mobile home lot.
Sec. 5 NRS 118B.050 is hereby amended to read as follows:
118B.050Any provision in a rental agreement or lease for a mobile home lot which provides that the tenant:
1. Agrees to waive or forego any rights or remedies afforded by this chapter;
2. Authorizes any person to confess judgment on any claim arising out of the rental agreement;
3. Agrees to pay the landlord's attorney's fees or costs, or both, except that the agreement may provide that attorney's fees may be awarded to the prevailing party in the event of court action;
4. Agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or costs connected therewith, if the liability is based upon an act or omission of the landlord or any agent or employee of the landlord;
5. Agrees to a period within which he will give notice to the landlord of the termination of his tenancy which is longer than the term of the lease; [or]
6. Agrees to pay any additional charge for children [or pets,] unless the landlord provides a special service regarding children [or pets,] ; or
7. Limits the keeping of animals or the presence of guests,
is void. A tenant may recover his actual damages resulting from the enforcement of such a provision.
Sec. 6 NRS 118B.075 is hereby amended to read as follows:
118B.075If more than one rental agreement or lease is currently offered to prospective tenants [,] or more than one rent is charged, the landlord of a mobile home park consisting of 25 or more lots shall:
1. Post in a conspicuous and readily accessible place in the community or recreation facility in the park, at or near the entrance of the park or other common area in the park, a legible sign indicating in bold print and bearing the caption "sample rental or lease agreements."
2. Under the sign indicating "sample rental or lease agreements" post a copy of each rental or lease agreement presently offered to prospective tenants [.] and the amount of rent charged for each lot.
3. Provide at the request of a prospective tenant or an existing tenant, a copy of any lease or rental agreement required to be posted pursuant to subsection 2.
4. Immediately correct or replace the posted copy of a lease or rental agreement if new provisions are added to the lease or rental agreement or if existing provisions are amended or deleted.
5. Provide a copy of the provisions of this section to a prospective tenant before he signs a rental agreement or lease for a lot.
Sec. 7 NRS 118B.080 is hereby amended to read as follows:
118B.0801. The landlord shall disclose in legible writing to each tenant and post in a conspicuous location in the park the:
(a) Name, address and telephone number of the owner , [and] manager or assistant manager [of] and any other agent with respect to the mobile home park; [and]
(b) Name and address of a person authorized to receive service of process for the landlord [,] ; and
(c) Name, address and telephone number of each office of the division to which problems may be reported,
and any change thereof.
2. The information must be furnished in writing to each new tenant on or before the commencement of his tenancy and to each existing tenant.
Sec. 8 NRS 118B.086 is hereby amended to read as follows:
118B.0861. Each manager and assistant manager of a mobile home park which has 25 or more lots shall complete annually 6 hours of continuing education relating to the management of a mobile home park. One resident of each park, selected by the tenants, may attend each course of instruction without charge.
2. The administrator shall adopt regulations specifying the areas of instruction for the continuing education required by subsection 1.
3. The instruction must include, but is not limited to, information relating to:
(a) The provisions of chapter 118B of NRS;
(b) Leases and rental agreements;
(c) Unlawful detainer and eviction as set forth in NRS 40.215 to 40.425, inclusive;
(d) The resolution of complaints and disputes concerning landlords and tenants of mobile home parks; and
(e) The adoption and enforcement of the rules and regulations of a mobile home park.
4. Each course of instruction and the instructor of the course must be approved by the administrator. The administrator shall adopt regulations setting forth the procedure for applying for approval of an instructor and course of instruction. The administrator may require submission of such reasonable information by an applicant as he deems necessary to determine the suitability of the instructor and the course. The administrator shall not approve a course if the fee charged for the course is not reasonable. Upon approval, the administrator shall designate the number of hours of credit allowable for the course.
Sec. 9 NRS 118B.110 is hereby amended to read as follows:
118B.1101. The landlord shall meet with a representative group of tenants occupying the park, chosen by the tenants, to hear any complaints or suggestions which concern a matter relevant to the park within 45 days after he receives a written request to do so which has been signed by persons occupying at least 25 percent of the lots in the park. The 25 percent must be calculated on the basis of one signature per occupied lot. The meeting must be held at a time and place which is convenient to the landlord and the tenants. The time must not be within the normal working hours of the tenants. The representative group of tenants must consist of no more than five persons.
2. At least 10 days before any meeting is held pursuant to this section the landlord or his agent shall post a notice of the meeting in a conspicuous place in a common area of the park.
3. If the landlord is not a natural person, the landlord shall appoint a natural person, not the manager or assistant manager, who possesses a financial interest in the mobile home park to meet with the tenants.
4. If an attorney for the landlord attends a meeting held pursuant to this section, the landlord shall not prohibit the group of tenants from being represented by an attorney at that meeting.
Sec. 10 NRS 118B.120 is hereby amended to read as follows:
118B.1201. The landlord or his agent or employee may:
(a) Require that the tenant landscape and maintain the tenant's lot if the landlord advises the tenant in writing of reasonable requirements for the landscaping.
(b) If the tenant does not comply with the provisions of paragraph (a), maintain the tenant's lot and charge the tenant a service fee for the actual cost of that maintenance.
(c) Require that the mobile home be removed from the park if it is unoccupied for more than 90 consecutive days and the tenant or dealer is not making good faith and diligent efforts to sell it.
2. The lease of a mobile home lot may be assigned by the tenant to a person similarly qualified to reside in the park. If a lease is so assigned, any subsequent increase in rent must be calculated in the same manner as provided for the original lessee.
3. The landlord shall maintain, in the manner required for the other tenants, any lot on which is located a mobile home within the park which has been repossessed, abandoned or held for rent or taxes. The landlord is entitled to reimbursement for the cost of that maintenance from the repossessor or lien holder or from the proceeds of any sale for taxes, as the case may be.
[3.] 4. For the purposes of this section, a mobile home shall be deemed to be abandoned if:
(a) It is located on a lot in a mobile home park for which no rent has been paid for at least 60 days;
(b) It is unoccupied; and
(c) The manager of the mobile home park reasonably believes it to be abandoned.
Sec. 11 NRS 118B.150 is hereby amended to read as follows:
118B.150The landlord or his agent or employee shall not:
1. Increase rent or additional charges unless:
(a) The rental increase is the same for mobile homes of the same size if the owner of the park is the lessor of the mobile home or lots of the same size or of a similar location or classification within the park, except that a discount may be selectively given to persons who are handicapped or who are 62 years of age or older, and any increase in additional charges for special services is the same amount for each tenant using the special service; and
(b) Written notice advising a tenant of the increase is received by the tenant 90 days in advance of the first payment to be increased and written notice of the increase is given to prospective tenants before commencement of their tenancy.
2. Require a tenant to pay for an improvement to the common area of a mobile home park unless the landlord is required to make the improvement pursuant to an ordinance of a local government.
3. Require a tenant to pay for a capital improvement to the mobile home park unless the tenant has notice of the requirement at the time he enters into the rental agreement. A tenant may not be required to pay for a capital improvement after the tenant enters into the rental agreement unless the tenant consents to it in writing or is given 60 days' notice of the requirement in writing. The landlord may not establish such a requirement unless a meeting of the tenants is held to discuss the proposal and the landlord provides each tenant with notice of the proposal and the date, time and place of the meeting not less than 60 days before the meeting. The notice must include a copy of the proposal. A notice in a periodic publication of the park does not constitute notice for the purposes of this subsection.
4. Require a tenant to obtain insurance for the rented lot.
5. Require a tenant to pay his rent by check or money order.
[5.] 6. Require a tenant who pays his rent in cash to apply any change to which he is entitled to the next periodic payment that is due. The landlord or his agent or employee shall have an adequate amount of money available to provide change to such a tenant.
[6.] 7. Prohibit or require fees or deposits for any meetings held in the park's community or recreational facility by the tenants or occupants of any mobile home or recreational vehicle in the park to discuss the park's affairs, or any political or social meeting sponsored by a tenant, if the meetings are held at reasonable hours and when the facility is not otherwise in use, or prohibit the distribution of notices of those meetings.
[7.] 8. Interrupt, with the intent to terminate occupancy, any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this subsection is liable to the tenant for actual damages.
[8.] 9. Prohibit a tenant from having guests, but [he may require the tenant to register the guest within 48 hours after his arrival, Sundays and holidays excluded, and] if the park is a secured park, a guest may be required to register upon entering and leaving.
[9.] 10. Charge a fee for a guest who does not stay with the tenant for more than a total of 60 days in a calendar year. The tenant of a mobile home lot who is living alone may allow one other person to live in his home without paying any additional charge or fee. No agreement between a tenant and his guest alters or varies the terms of the rental contract between the tenant and the landlord and the guest is subject to the rules and regulations of the landlord.
[10.] 11. Prohibit a tenant from erecting a fence along the perimeter of [the tenant's] his lot if the fence complies with any standards for fences established by the landlord, including limitations established for the height of fences, the materials used for fences and the manner in which fences are to be constructed.
[11.] 12. Prohibit any tenant from soliciting membership in any association which is formed by the tenants who live in the park. As used in this subsection, "solicit" means to make an oral or written request for membership or the payment of dues or to distribute, circulate or post a notice for payment of those dues.
[12.] 13. Prohibit a public officer or candidate for public office from walking through the park to talk with the tenants.
Sec. 12 NRS 118B.153 is hereby amended to read as follows:
118B.153The amount of rent charged a tenant for a service, utility or amenity upon moving into the mobile home park must be reduced proportionately when the service, utility or amenity is decreased or eliminated by the landlord. If a swimming pool or other amenity is open for use but is not sanitary, the rent must be similarly reduced. The landlord may not increase the rent to recover the lost revenue.
Sec. 13 NRS 118B.157 is hereby amended to read as follows:
118B.157A landlord [must] shall give his tenants at least 24 hours' notice in writing when planned repairs of a utility or a service which the mobile home park provides will cause interruption of the utility or service [.] , and shall not interrupt the supply of water except in an emergency.
Sec. 14 NRS 118B.170 is hereby amended to read as follows:
118B.1701. The landlord may require approval of a prospective buyer and tenant before the sale of a tenant's mobile home or recreational vehicle, if the mobile home or vehicle will remain in the park. The landlord shall not unreasonably withhold his consent. The administrator shall inspect the records of mobile homes sold within each park, at least annually, to determine compliance with the provisions of this subsection.
2. If a tenant sells his mobile home or recreational vehicle, the landlord may require that the mobile home or recreational vehicle be removed from the park if it is deemed by the park's written rules or regulations in the possession of the tenants to be in a run-down condition or in disrepair or does not meet the safety standards set forth in NRS 461A.120. If the mobile home must be inspected to determine compliance with the standards, the person requesting the inspection shall pay for it.
3. If the landlord requires approval of a prospective buyer and tenant, he shall post and maintain a sign which is clearly readable at the entrance to the park which advises the reader that before a mobile home in the park is sold, the prospective buyer must be approved by the landlord.
Sec. 15 NRS 118B.260 is hereby amended to read as follows:
118B.2601. Any landlord who violates any of the provisions of this chapter:
[1.] (a) For the first violation, shall pay a civil penalty of not more than $1,000.
[2.] (b) For the second violation, shall pay a civil penalty of not more than $2,500.
[3.] (c) For the third or subsequent violation, shall pay a civil penalty of not more than $5,000 for each violation.
2. The penalty must be calculated at the rate of $50 for each day of violation after written notice of the violation from the division has been served.
3. If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney's fees, must be recovered by the administrator, if possible.
Sec. 16 Chapter 489 of NRS is hereby amended by adding thereto a new section to read as follows:
A contract for the sale of a mobile home in a mobile home park must state:
1. That the lot on which it is located is not included in the purchase.
2. In conspicuous type, that the buyer should obtain legal advice, and where that advice is available in the community without charge, if it is so available.
3. The dates of last maintenance and of any required maintenance or cleaning of major equipment, including, but not limited to, the furnace, chimney and water heater.
4. If the owner of the park is the seller, a disclosure before the contract is signed of any known elements in the construction or connection of the mobile home to utilities which do not meet the standards required by statute or ordinance at the time of sale.