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
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 118B.150 is hereby amended to read as follows: 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 for1-5
1-6
location within the park, except that a discount may be selectively given to1-7
persons who are:1-8
(1) Handicapped;1-9
(2) Fifty-five years of age or older; or1-10
(3) Long-term tenants of the park if the landlord has specified in the1-11
rental agreement or lease the period of tenancy required to qualify for such1-12
a discount;1-13
(b) Any increase in additional charges for special services is the same1-14
amount for each tenant using the special service; and2-1
(c) Written notice advising a tenant of the increase is received by the2-2
tenant 90 days before the first payment to be increased and written notice2-3
of the increase is given to prospective tenants before commencement of2-4
their tenancy. In addition to the notice provided to a tenant pursuant to this2-5
paragraph, if the landlord or his agent or employee knows or reasonably2-6
should know that the tenant receives assistance from the fund created2-7
pursuant to NRS 188B.215, the landlord or his agent or employee shall2-8
provide to the administrator written notice of the increase 90 days before2-9
the first payment to be increased.2-10
2. Require a tenant to pay for an improvement to the common area of2-11
a mobile home park unless the landlord is required to make the2-12
improvement pursuant to an ordinance of a local government.2-13
3. Require a tenant to pay for a capital improvement to the mobile2-14
home park unless the tenant has notice of the requirement at the time he2-15
enters into the rental agreement. A tenant may not be required to pay for a2-16
capital improvement after the tenant enters into the rental agreement unless2-17
the tenant consents to it in writing or is given 60 days’ notice of the2-18
requirement in writing. The landlord may not establish such a requirement2-19
unless a meeting of the tenants is held to discuss the proposal and the2-20
landlord provides each tenant with notice of the proposal and the date, time2-21
and place of the meeting not less than 60 days before the meeting. The2-22
notice must include a copy of the proposal. A notice in a periodic2-23
publication of the park does not constitute notice for the purposes of this2-24
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 to2-27
which he is entitled to the next periodic payment that is due. The landlord2-28
or his agent or employee shall have an adequate amount of money2-29
available to provide change to such a tenant.2-30
6. Prohibit or require fees or deposits for any meetings held in the2-31
park’s community or recreational facility by the tenants or occupants of2-32
any mobile home or recreational vehicle in the park to discuss the park’s2-33
affairs, or any political or social meeting sponsored by a tenant, if the2-34
meetings are held at reasonable hours and when the facility is not2-35
otherwise in use, or prohibit the distribution of notices of those meetings.2-36
7. Interrupt, with the intent to terminate occupancy, any utility service2-37
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 actual2-39
damages.2-40
8. Prohibit a tenant from having guests, but he may require the tenant2-41
to register the guest within 48 hours after his arrival, Sundays and holidays2-42
excluded, and if the park is a secured park, a guest may be required to2-43
register upon entering and leaving.3-1
9. Charge a fee for a guest who does not stay with the tenant for more3-2
than a total of 60 days in a calendar year. The tenant of a mobile home lot3-3
who is living alone may allow one other person to live in his home without3-4
paying an additional charge or fee, unless such a living arrangement3-5
constitutes a violation of chapter 315 of NRS. No agreement between a3-6
tenant and his guest alters or varies the terms of the rental contract between3-7
the tenant and the landlord and the guest is subject to the rules and3-8
regulations of the landlord.3-9
10. Prohibit a tenant from erecting a fence along the perimeter of the3-10
tenant’s lot if the fence complies with any standards for fences established3-11
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 be3-13
constructed.3-14
11. Prohibit any tenant from soliciting membership in any association3-15
which is formed by the tenants who live in the park. As used in this3-16
subsection, "solicit" means to make an oral or written request for3-17
membership or the payment of dues or to distribute, circulate or post a3-18
notice for payment of those dues.3-19
12. Prohibit a public officer or candidate for public office from3-20
walking through the park to talk with the tenants.~