Assembly Bill No. 361–Assemblymen Bache, Buckley, Manendo, Ohrenschall, Nolan, Leslie, Koivisto, McClain, Anderson, Claborn, Williams, Giunchigliani and Humke

March 2, 1999

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Joint Sponsors: Senators Titus, Carlton, Care and Amodei

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Referred to Committee on Commerce and Labor

 

SUMMARY—Prohibits certain increase in rent in mobile home parks based on size of mobile home. (BDR 10-946)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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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).

 

AN ACT relating to mobile home parks; prohibiting an increase in rent based on the size of a mobile home; 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 118B.150 is hereby amended to read as follows:

1-2 118B.150 The landlord or his agent or employee shall not:

1-3 1. Increase rent or additional charges unless:

1-4 (a) The rent charged after the increase is the same rent charged for

1-5 [mobile homes of the same size or] lots of the same size or of a similar

1-6 location within the park, except that a discount may be selectively given to

1-7 persons who are:

1-8 (1) Handicapped;

1-9 (2) Fifty-five years of age or older; or

1-10 (3) Long-term tenants of the park if the landlord has specified in the

1-11 rental agreement or lease the period of tenancy required to qualify for such

1-12 a discount;

1-13 (b) Any increase in additional charges for special services is the same

1-14 amount for each tenant using the special service; and

2-1 (c) Written notice advising a tenant of the increase is received by the

2-2 tenant 90 days before the first payment to be increased and written notice

2-3 of the increase is given to prospective tenants before commencement of

2-4 their tenancy. In addition to the notice provided to a tenant pursuant to this

2-5 paragraph, if the landlord or his agent or employee knows or reasonably

2-6 should know that the tenant receives assistance from the fund created

2-7 pursuant to NRS 188B.215, the landlord or his agent or employee shall

2-8 provide to the administrator written notice of the increase 90 days before

2-9 the first payment to be increased.

2-10 2. Require a tenant to pay for an improvement to the common area of

2-11 a mobile home park unless the landlord is required to make the

2-12 improvement pursuant to an ordinance of a local government.

2-13 3. Require a tenant to pay for a capital improvement to the mobile

2-14 home park unless the tenant has notice of the requirement at the time he

2-15 enters into the rental agreement. A tenant may not be required to pay for a

2-16 capital improvement after the tenant enters into the rental agreement unless

2-17 the tenant consents to it in writing or is given 60 days’ notice of the

2-18 requirement in writing. The landlord may not establish such a requirement

2-19 unless a meeting of the tenants is held to discuss the proposal and the

2-20 landlord provides each tenant with notice of the proposal and the date, time

2-21 and place of the meeting not less than 60 days before the meeting. The

2-22 notice must include a copy of the proposal. A notice in a periodic

2-23 publication of the park does not constitute notice for the purposes of this

2-24 subsection.

2-25 4. Require a tenant to pay his rent by check or money order.

2-26 5. Require a tenant who pays his rent in cash to apply any change to

2-27 which he is entitled to the next periodic payment that is due. The landlord

2-28 or his agent or employee shall have an adequate amount of money

2-29 available to provide change to such a tenant.

2-30 6. Prohibit or require fees or deposits for any meetings held in the

2-31 park’s community or recreational facility by the tenants or occupants of

2-32 any mobile home or recreational vehicle in the park to discuss the park’s

2-33 affairs, or any political or social meeting sponsored by a tenant, if the

2-34 meetings are held at reasonable hours and when the facility is not

2-35 otherwise in use, or prohibit the distribution of notices of those meetings.

2-36 7. Interrupt, with the intent to terminate occupancy, any utility service

2-37 furnished the tenant except for nonpayment of utility charges when due.

2-38 Any landlord who violates this subsection is liable to the tenant for actual

2-39 damages.

2-40 8. Prohibit a tenant from having guests, but he may require the tenant

2-41 to register the guest within 48 hours after his arrival, Sundays and holidays

2-42 excluded, and if the park is a secured park, a guest may be required to

2-43 register upon entering and leaving.

3-1 9. Charge a fee for a guest who does not stay with the tenant for more

3-2 than a total of 60 days in a calendar year. The tenant of a mobile home lot

3-3 who is living alone may allow one other person to live in his home without

3-4 paying an additional charge or fee, unless such a living arrangement

3-5 constitutes a violation of chapter 315 of NRS. No agreement between a

3-6 tenant and his guest alters or varies the terms of the rental contract between

3-7 the tenant and the landlord and the guest is subject to the rules and

3-8 regulations of the landlord.

3-9 10. Prohibit a tenant from erecting a fence along the perimeter of the

3-10 tenant’s lot if the fence complies with any standards for fences established

3-11 by the landlord, including limitations established for the height of fences,

3-12 the materials used for fences and the manner in which fences are to be

3-13 constructed.

3-14 11. Prohibit any tenant from soliciting membership in any association

3-15 which is formed by the tenants who live in the park. As used in this

3-16 subsection, "solicit" means to make an oral or written request for

3-17 membership or the payment of dues or to distribute, circulate or post a

3-18 notice for payment of those dues.

3-19 12. Prohibit a public officer or candidate for public office from

3-20 walking through the park to talk with the tenants.

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