EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 118B of NRS is hereby amended by adding

1-2 thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

1-3 Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the

1-4 context otherwise requires, the words and terms described in sections 3

1-5 and 4 of this act have the meanings ascribed to them in those sections.

1-6 Sec. 3. "Commission" means the mobile home commission created

1-7 pursuant to the provisions of section 5 of this act.

1-8 Sec. 4. "Rent" means the consideration, including, without

1-9 limitation, money, benefits, gratuities and deposits, demanded or paid for

1-10 the use of a mobile home lot. The term does not include an amount paid

1-11 for:

2-1 1. The use of the mobile home; or

2-2 2. Water, gas, electricity or any other utility service that is separately

2-3 metered and billed to the tenant.

2-4 Sec. 5. 1. There is hereby created within the division the mobile

2-5 home commission consisting of three members appointed by the

2-6 governor.

2-7 2. The governor shall appoint to the commission:

2-8 (a) One member who is a landlord.

2-9 (b) One member who is a tenant.

2-10 (c) One member who is a representative of the general public.

2-11 3. After the initial terms, each member of the commission must be

2-12 appointed to a term of 3 years and may be removed by the governor for

2-13 cause.

2-14 4. While engaged in the business of the commission, each member of

2-15 the commission is entitled to:

2-16 (a) A salary of not more than $80 per day, as fixed by the commission;

2-17 and

2-18 (b) The per diem allowance and travel expenses provided for state

2-19 officers and employees generally,

2-20 which must be paid from the fund for low-income owners of mobile

2-21 homes created pursuant to NRS 118B.215.

2-22 Sec. 6. 1. A landlord who wishes to increase rent for the second or

2-23 subsequent time within 1 year must submit an application for approval of

2-24 the increase to the commission.

2-25 2. The application must include, without limitation:

2-26 (a) The amount of the present rent;

2-27 (b) The amount that the landlord proposes to increase the rent;

2-28 (c) The reason for the proposed increase;

2-29 (d) The name and mailing address of each tenant whose rent the

2-30 landlord proposes to increase; and

2-31 (e) Any other information that the commission determines is

2-32 necessary.

2-33 3. The commission shall, upon receiving an application, set a date

2-34 for a public hearing. The date of the public hearing must not be more

2-35 than 40 days after the commission receives the application.

2-36 4. Within 10 days after the commission receives the application, the

2-37 commission shall mail a written notice to the landlord and each tenant of

2-38 the mobile home park whose rent may be increased. The notice must

2-39 include, without limitation, the time, date and place of the public hearing

2-40 and the reason for the hearing.

2-41 5. Within 20 days after the public hearing, the commission shall

2-42 approve or disapprove the application and mail a written notice of its

2-43 decision and the reason for the decision to the landlord and each tenant

3-1 of the mobile home park to whom the notice required by subsection 4 was

3-2 mailed. If the commission approves the application, it shall include in the

3-3 notice the amount of the increase in the rent that the commission has

3-4 approved.

3-5 6. An increase in rent that is not authorized by the commission

3-6 pursuant to the provisions of this section is void.

3-7 7. The decision of the commission is a final decision for the purposes

3-8 of judicial review.

3-9 Sec. 7. The administrator shall:

3-10 1. Adopt regulations to carry out the provisions of sections 2 to 7,

3-11 inclusive, of this act; and

3-12 2. Provide such assistance as is necessary for the commission to

3-13 carry out its duties pursuant to sections 2 to 7, inclusive, of this act.

3-14 Sec. 8. NRS 118B.150 is hereby amended to read as follows:

3-15 118B.150 The landlord or his agent or employee shall not:

3-42 90 days before the first payment to be increased.

4-1 2. Require a tenant to pay for an improvement to the common area of

4-2 a mobile home park unless the landlord is required to make the

4-3 improvement pursuant to an ordinance of a local government.

4-4 3. Require a tenant to pay for a capital improvement to the mobile

4-5 home park unless the tenant has notice of the requirement at the time he

4-6 enters into the rental agreement. A tenant may not be required to pay for a

4-7 capital improvement after the tenant enters into the rental agreement unless

4-8 the tenant consents to it in writing or is given 60 days’ notice of the

4-9 requirement in writing. The landlord may not establish such a requirement

4-10 unless a meeting of the tenants is held to discuss the proposal and the

4-11 landlord provides each tenant with notice of the proposal and the date, time

4-12 and place of the meeting not less than 60 days before the meeting. The

4-13 notice must include a copy of the proposal. A notice in a periodic

4-14 publication of the park does not constitute notice for the purposes of this

4-15 subsection.

4-16 4. Require a tenant to pay his rent by check or money order.

4-17 5. Require a tenant who pays his rent in cash to apply any change to

4-18 which he is entitled to the next periodic payment that is due. The landlord

4-19 or his agent or employee shall have an adequate amount of money

4-20 available to provide change to such a tenant.

4-21 6. Prohibit or require fees or deposits for any meetings held in the

4-22 park’s community or recreational facility by the tenants or occupants of

4-23 any mobile home or recreational vehicle in the park to discuss the park’s

4-24 affairs, or any political or social meeting sponsored by a tenant, if the

4-25 meetings are held at reasonable hours and when the facility is not

4-26 [otherwise] in use, or prohibit the distribution of notices of those meetings.

4-27 7. Interrupt, with the intent to terminate occupancy, any utility service

4-28 furnished the tenant except for nonpayment of utility charges when due.

4-29 Any landlord who violates this subsection is liable to the tenant for actual

4-30 damages.

4-31 8. Prohibit a tenant from having guests, but he may require the tenant

4-32 to register the guest within 48 hours after his arrival, Sundays and holidays

4-33 excluded, and if the park is a secured park, a guest may be required to

4-34 register upon entering and leaving.

4-35 9. Charge a fee for a guest who does not stay with the tenant for more

4-36 than a total of 60 days in a calendar year. The tenant of a mobile home lot

4-37 who is living alone may allow one other person to live in his home without

4-38 paying an additional charge or fee, unless such a living arrangement

4-39 constitutes a violation of chapter 315 of NRS. No agreement between a

4-40 tenant and his guest alters or varies the terms of the rental contract between

4-41 the tenant and the landlord and the guest is subject to the rules and

4-42 regulations of the landlord.

5-1 10. Prohibit a tenant from erecting a fence along the perimeter of the

5-2 tenant’s lot if the fence complies with any standards for fences established

5-3 by the landlord, including limitations established for the height of fences,

5-4 the materials used for fences and the manner in which fences are to be

5-5 constructed.

5-6 11. Prohibit any tenant from soliciting membership in any association

5-7 which is formed by the tenants who live in the park. As used in this

5-8 subsection, "solicit" means to make an oral or written request for

5-9 membership or the payment of dues or to distribute, circulate or post a

5-10 notice for payment of those dues.

5-11 12. Prohibit a public officer or candidate for public office from

5-12 walking through the park to talk with the tenants.

5-13 Sec. 9. NRS 118B.215 is hereby amended to read as follows:

5-14 118B.215 1. There is hereby created as a special revenue fund in the

5-41 home;

6-1 (d) Be a tenant in a mobile home park that is operated for profit and

6-2 maintain continuous tenancy in that park during the duration of the

6-3 supplemental assistance; and

6-4 (e) Not have assets whose value is more than $10,000, excluding the

6-5 value of the mobile home which is subject to the tenancy, the contents of

6-6 that mobile home and one motor vehicle.

6-7 A person who has been a tenant of a mobile home park in this state for at

6-8 least 1 year, but has not been a tenant of the mobile home park in which he

6-9 resides at the time he applies for assistance for at least 1 year, is eligible for

6-10 assistance from the fund if he moved to the mobile home park in which he

6-11 resides at the time of his application because he was unable to pay the rent

6-12 at the mobile home park from which he moved or because that park was

6-13 closed.

6-14 4. The administrator shall adopt regulations establishing:

6-15 (a) The annual reporting requirements for persons receiving assistance

6-16 pursuant to this section. The regulations must require that each such person

6-17 provide the division with a written acknowledgment of his continued

6-18 eligibility for assistance.

6-19 (b) The maximum amount of assistance which may be distributed to a

6-20 person to supplement his monthly rent pursuant to this section.

6-21 5. As used in this section:

6-22 (a) "Mobile home" includes a travel trailer that is located on a mobile

6-23 home lot within a mobile home park.

6-24 (b) "Monthly household income" means the combined monthly

6-25 incomes of the occupants of a mobile home which is subject to the tenancy

6-26 for which assistance from the fund is requested.

6-27 (c) "Travel trailer" has the meaning ascribed to it in NRS 489.150.

6-28 Sec. 10. NRS 118B.251 is hereby amended to read as follows:

6-29 118B.251 1. [The] Except as otherwise provided in subsection 2,

6-42 and notify the person by certified mail.

7-1 [5.] 6. The decision of the administrator to impose a fine pursuant to

7-2 this section is a final decision for the purposes of judicial review.

7-3 Sec. 11. As soon as practicable after July 1, 1999, the governor shall

7-4 appoint to the mobile home commission created pursuant to the provisions

7-5 of section 5 of this act:

7-6 1. One member whose term expires on September 30, 2000.

7-7 2. One member whose term expires on September 30, 2001.

7-8 3. One member whose term expires on September 30, 2002.

7-9 Sec. 12. Notwithstanding the provisions of section 6 of this act, a

7-10 landlord of a mobile home park is not required to obtain the approval of

7-11 the mobile home commission created pursuant to the provisions of section

7-12 5 of this act to increase rent for the second or subsequent time within 1

7-13 year before October 1, 1999.

7-14 Sec. 13. This act becomes effective on July 1, 1999.