Assembly Bill No. 397–Assemblymen Goldwater, Buckley, Thomas, Segerblom, Gibbons, Neighbors, Perkins, Giunchigliani, Williams, Parks, Collins, Manendo, Ohrenschall, Price, Evans, Leslie, Koivisto, Parnell, McClain, Claborn and Bache

March 4, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes to provisions concerning landlords and tenants. (BDR 10-915)

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 tenancies; prohibiting a landlord from terminating a tenancy in violation of provisions governing discrimination in housing; revising certain rights and obligations of landlords and tenants; 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. Chapter 118 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 A tenant has a defense in a summary proceeding or other action for

1-4 possession of a dwelling if the landlord’s attempt to terminate the

1-5 tenancy or regain possession violates any provision of NRS 118.010 to

1-6 118.120, inclusive, or the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et

1-7 seq.

1-8 Sec. 2. NRS 118.030 is hereby amended to read as follows:

1-9 118.030 As used in NRS 118.010 to 118.120, inclusive, [except where]

1-10 and section 1 of this act, unless the context otherwise requires, the words

1-11 and terms defined in NRS 118.040 to 118.090, inclusive, have the

1-12 meanings ascribed to them in those sections.

2-1 Sec. 3. NRS 118A.180 is hereby amended to read as follows:

2-2 118A.180 1. Except as provided in subsection 2, this chapter applies

2-3 to, regulates and determines rights, obligations and remedies under a rental

2-4 agreement, wherever made, for a dwelling unit or premises located within

2-5 this state.

2-6 2. This chapter does not apply to:

2-7 (a) A rental agreement subject to the provisions of chapter 118B of

2-8 NRS;

2-9 (b) Low-rent housing programs operated by public housing authorities

2-10 and established pursuant to [42 U.S.C. §§ 1401 et seq., as amended;] the

2-11 United States Housing Act of 1937, 42 U.S.C. §§ 1437 et seq.;

2-12 (c) A person who owns and personally manages four or fewer dwelling

2-13 units, except with respect to the provisions of NRS 118A.200, 118A.300,

2-14 118A.340, 118A.380, 118A.450 and 118A.460;

2-15 (d) Residence in an institution, public or private, incident to detention or

2-16 the provision of medical, geriatric, educational, counseling, religious or

2-17 similar service;

2-18 (e) Occupancy under a contract of sale of a dwelling unit or the property

2-19 of which it is a part, if the occupant is the purchaser or his successor in

2-20 interest;

2-21 (f) Occupancy by a member of a fraternal or social organization in the

2-22 portion of a structure operated for the benefit of the organization;

2-23 (g) Occupancy in a hotel or motel for less than 30 consecutive days

2-24 unless the occupant clearly manifests an intent to remain for a longer

2-25 continuous period;

2-26 (h) Occupancy by an employee of a landlord whose right to occupancy

2-27 is solely conditional upon employment in or about the premises;

2-28 (i) Occupancy by an owner of a condominium unit or by a holder of a

2-29 proprietary lease in a cooperative apartment; or

2-30 (j) Occupancy under a rental agreement covering premises used by the

2-31 occupant primarily for agricultural purposes.

2-32 Sec. 4. NRS 118A.290 is hereby amended to read as follows:

2-33 118A.290 1. The landlord shall at all times during the tenancy

2-34 maintain the dwelling unit in a habitable condition. A dwelling unit is not

2-35 habitable if it substantially lacks:

2-36 (a) Effective waterproofing and weather protection of the roof and

2-37 exterior walls, including windows and doors.

2-38 (b) Plumbing facilities which conformed to applicable law when

2-39 installed and which are maintained in good working order.

2-40 (c) A water supply approved under applicable law, which is:

2-41 (1) Under the control of the tenant or landlord and is capable of

2-42 producing hot and cold running water;

2-43 (2) Furnished to appropriate fixtures; and

3-1 (3) Connected to a sewage disposal system approved under applicable

3-2 law and maintained in good working order to the extent that the system can

3-3 be controlled by the landlord.

3-4 (d) Adequate heating facilities which conformed to applicable law when

3-5 installed and are maintained in good working order.

3-6 (e) Electrical lighting, outlets, wiring and electrical equipment which

3-7 conformed to applicable law when installed and are maintained in good

3-8 working order.

3-9 (f) An adequate number of appropriate receptacles for garbage and

3-10 rubbish in clean condition and good repair at the commencement of the

3-11 tenancy. The landlord shall arrange for the removal of garbage and rubbish

3-12 from the premises unless the parties by written agreement provide

3-13 otherwise.

3-14 (g) Building, grounds, appurtenances and all other areas under the

3-15 landlord’s control at the time of the commencement of the tenancy in every

3-16 part clean, sanitary and reasonably free from all accumulations of debris,

3-17 filth, rubbish, garbage, rodents, insects and vermin.

3-18 (h) Floors, walls, ceilings, stairways and railings maintained in good

3-19 repair.

3-20 (i) Ventilating, air conditioning and other facilities and appliances,

3-21 including elevators, maintained in good repair if supplied or required to be

3-22 supplied by the landlord.

3-23 2. The landlord and tenant may agree that the tenant is to perform

3-24 specified repairs, maintenance tasks and minor remodeling only if:

3-25 (a) The agreement of the parties is entered into in good faith; and

3-26 (b) The agreement does not diminish the obligations of the landlord to

3-27 other tenants in the premises.

3-28 3. An agreement pursuant to subsection 2 is not entered into in good

3-29 faith if the landlord has a duty under subsection 1 to perform the

3-30 specified repairs, maintenance tasks or minor remodeling and the tenant

3-31 enters into the agreement because the landlord or his agent has refused

3-32 to perform them.

3-33 Sec. 5. NRS 118A.380 is hereby amended to read as follows:

3-34 118A.380 1. If the landlord is required by the rental agreement or

3-35 this chapter to supply heat, air conditioning, running water, hot water,

3-36 [electric,] electricity, gas, or [other] another essential service and he

3-37 willfully or negligently fails to do so, causing the premises to become unfit

3-38 for habitation, the tenant shall give written notice to the landlord specifying

3-39 the breach. If the landlord does not adequately remedy the breach, or use

4-1 his best efforts to remedy the breach within 48 hours, except a Saturday,

4-2 Sunday or legal holiday, after it is received by the landlord, the tenant may,

4-3 in addition to any other remedy:

4-4 (a) Procure reasonable amounts of such essential services during the

4-5 landlord’s noncompliance and deduct their actual and reasonable cost from

4-6 the rent;

4-7 (b) Recover actual damages, including damages based upon the lack of

4-8 use of the premises or the diminution of the fair rental value of the dwelling

4-9 unit; [or]

4-10 (c) Withhold any rent that becomes due during the landlord’s

4-11 noncompliance without incurring late fees, charges for notice or any

4-12 other charge or fee authorized by this chapter or the rental agreement,

4-13 until the landlord has attempted in good faith to restore the essential

4-14 services; or

4-15 (d) Procure other housing which is comparable during the landlord’s

4-16 noncompliance, and the rent for the original premises fully abates during

4-17 this period. The tenant may recover the actual and reasonable cost of that

4-18 other housing which is in excess of the amount of rent which is abated.

4-19 2. If the tenant proceeds under this section, he may not proceed under

4-20 NRS 118A.350 and 118A.360 as to that breach.

4-21 3. The rights of the tenant under this section do not arise until he has

4-22 given written notice as required by subsection 1, except that the tenant may,

4-23 without having given that notice, recover damages as authorized under

4-24 paragraph (b) of subsection 1 if the landlord:

4-25 (a) Admits to the court that he had knowledge of the lack of such

4-26 essential services; or

4-27 (b) Has received written notice of the uninhabitable condition caused by

4-28 such a lack from a governmental agency authorized to inspect for violations

4-29 of building, housing or health codes.

4-30 4. The rights of the tenant under paragraph (c) of subsection 1 do

4-31 not arise unless the tenant is current in the payment of rent at the time of

4-32 giving written notice pursuant to subsection 1.

4-33 5. If such a condition was caused by the deliberate or negligent act or

4-34 omission of the tenant, a member of his household or other person on the

4-35 premises with his consent, the tenant has no rights under this section.

4-36 Sec. 6. NRS 118A.510 is hereby amended to read as follows:

4-37 118A.510 1. Except as otherwise provided in subsection 3, the

4-38 landlord may not, in retaliation, terminate a tenancy, refuse to renew a

4-39 tenancy, increase rent or decrease essential services required by the rental

4-40 agreement or this chapter, or bring or threaten to bring an action for

4-41 possession if:

4-42 (a) The tenant has complained in good faith of a violation of a building,

4-43 housing or health code applicable to the premises and affecting health or

5-1 safety to a governmental agency charged with the responsibility for the

5-2 enforcement of that code;

5-3 (b) The tenant has complained in good faith to the landlord or a law

5-4 enforcement agency of a violation [under] of this chapter [;] or of a

5-5 specific statute that imposes a criminal penalty;

5-6 (c) The tenant has organized or become a member of a tenant’s union or

5-7 similar organization;

5-8 (d) A citation has been issued resulting from a complaint described in

5-9 paragraph (a);

5-10 (e) The tenant has instituted or defended against a judicial or

5-11 administrative proceeding or arbitration in which he raised an issue of

5-12 compliance with the requirements of this chapter respecting the habitability

5-13 of dwelling units; [or]

5-14 (f) The tenant has failed or refused to give written consent to a

5-15 regulation adopted by the landlord, after the tenant enters into the rental

5-16 agreement, which requires the landlord to wait until the appropriate time

5-17 has elapsed before it is enforceable against the tenant [.] ; or

5-18 (g) The tenant has complained in good faith to the landlord, a

5-19 government agency, an attorney, a fair housing agency or any other

5-20 appropriate body of a violation of NRS 118.010 to 118.120, inclusive, or

5-21 the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq., or has otherwise

5-22 exercised rights which are guaranteed or protected under those laws.

5-23 2. If the landlord violates any provision of subsection 1, the tenant is

5-24 entitled to the remedies provided in NRS 118A.390 and has a defense in

5-25 any retaliatory action by the landlord for possession.

5-26 3. A landlord who acts under the circumstances described in subsection

5-27 1 does not violate that subsection if:

5-28 (a) The violation of the applicable building, housing or health code of

5-29 which the tenant complained was caused primarily by the lack of

5-30 reasonable care by the tenant, a member of his household or other person

5-31 on the premises with his consent;

5-32 (b) The tenancy is terminated with cause;

5-33 (c) A citation has been issued and compliance with the applicable

5-34 building, housing or health code requires alteration, remodeling or

5-35 demolition and cannot be accomplished unless the tenant’s dwelling unit is

5-36 vacant; or

5-37 (d) The increase in rent applies in a uniform manner to all tenants.

5-38 The maintenance of an action under this subsection does not prevent the

5-39 tenant from seeking damages or injunctive relief for the landlord’s failure

5-40 to comply with the rental agreement or maintain the dwelling unit in a

5-41 habitable condition as required by this chapter.

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