Assembly Bill No. 418–Assemblymen Ohrenschall,
Koivisto, Claborn, McClain, Leslie, Buckley,
Price and Manendo
March 8, 1999
____________
Joint Sponsors: Senators Care, Carlton, Titus and Wiener
____________
Referred to Committee on Commerce and Labor
SUMMARY—Makes various changes relating to mobile homes. (BDR 10-515)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
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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:
1-1
Section 1. Chapter 118B of NRS is hereby amended by adding1-2
thereto the provisions set forth as sections 2 and 3 of this act.1-3
Sec. 2. An owner, manager or other person responsible for1-4
maintaining the records of a mobile home park shall keep confidential1-5
any information in his possession concerning the personal or financial1-6
affairs of a tenant, including, without limitation, his social security1-7
number and information regarding his credit cards or bank accounts.1-8
Sec. 3. 1. Except as otherwise provided in subsection 2 or in an1-9
emergency, the owner or manager of a mobile home park shall not enter1-10
a mobile home in the park more than once a year, and shall give notice1-11
of the date for entry. No other person may enter a mobile home without1-12
the consent of the owner.1-13
2. The owner or manager of a mobile home park may enter a mobile1-14
home in the park at any time with the permission of the occupant, and2-1
may enter under circumstances provided in the rental agreement if the2-2
owner of the park is the lessor of the mobile home.2-3
Sec. 4. NRS 118B.024 is hereby amended to read as follows: 118B.024 1. The administrator shall adopt regulations to carry out2-5
the provisions of this chapter. The regulations must include an2-6
economically reasonable method for calculating periodic increases in2-7
rent under a rental agreement.2-8
2. In order to carry out the provisions of this chapter, the administrator2-9
may, upon receiving a complaint alleging a violation of this chapter or any2-10
regulation adopted pursuant thereto:2-11
(a) Issue subpoenas for the production of books, papers and documents2-12
which are strictly relevant to the complaint;2-13
(b) Mediate grievances between landlords and tenants of mobile home2-14
parks; and2-15
(c) Make inspections and provide technical services necessary to2-16
administer the provisions of this chapter.2-17
3. The administrator or his representative may inspect at reasonable2-18
times in a reasonable manner the premises and books, papers, records and2-19
documents which are required to enforce the provisions of this chapter.2-20
Sec. 5. NRS 118B.040 is hereby amended to read as follows: 118B.040 1. A rental agreement or lease between a landlord and2-22
tenant to rent or lease any mobile home lot must be in writing. The2-23
landlord shall give the tenant a copy of the agreement or lease at the time2-24
the tenant signs it.2-25
2. A rental agreement or lease must contain2-26
provisions relating to:2-27
(a) The duration of the agreement.2-28
(b) The amount of rent, the manner and time of its payment and the2-29
amount of any charges for late payment and dishonored checks. Any2-30
provision for a periodic increase in rent must be calculated in a manner2-31
prescribed by regulation of the division.2-32
(c) Restrictions on occupancy by children .2-33
(d) Services and utilities included with the rental of a lot and the2-34
responsibility of maintaining or paying for them, including the charge, if2-35
any, for cleaning the lots.2-36
(e) Deposits which may be required and the conditions for their refund.2-37
(f) Maintenance which the tenant is required to perform and any2-38
appurtenances he is required to provide.2-39
(g) The name and address of the owner of the mobile home park and his2-40
authorized agent.2-41
(h) Any restrictions on subletting.2-42
(i) Any recreational facilities and other amenities provided to the tenant2-43
and any deposits or fees required for their use.3-1
(j) Any restriction of the park to older persons pursuant to federal law.3-2
(k) The dimensions of the mobile home lot of the tenant.3-3
(l) The amount to be charged each month to the tenant to reimburse the3-4
landlord for the cost of a capital improvement to the mobile home park.3-5
Such an amount must be stated separately and include the length of time3-6
the charge will be collected and the total amount to be recovered by the3-7
landlord from all tenants in the mobile home park.3-8
3. The administrator shall inspect the records of mobile home parks3-9
at least annually to determine whether there is a rental agreement signed3-10
by the tenant for each mobile home lot.3-11
Sec. 6. NRS 118B.050 is hereby amended to read as follows: 118B.050 Any provision in a rental agreement or lease for a mobile3-13
home lot which provides that the tenant:3-14
1. Agrees to waive or forego any rights or remedies afforded by this3-15
chapter;3-16
2. Authorizes any person to confess judgment on any claim arising out3-17
of the rental agreement;3-18
3. Agrees to pay the landlord’s attorney’s fees or costs, or both, except3-19
that the agreement may provide that attorney’s fees may be awarded to the3-20
prevailing party in the event of court action;3-21
4. Agrees to the exculpation or limitation of any liability of the3-22
landlord arising under law or to indemnify the landlord for that liability or3-23
costs connected therewith, if the liability is based upon an act or omission3-24
of the landlord or any agent or employee of the landlord;3-25
5. Agrees to a period within which he will give notice to the landlord3-26
of the termination of his tenancy which is longer than the term of the lease;3-27
3-28
6. Agrees to pay any additional charge for children ,3-29
the landlord provides a special service regarding children ; or3-30
7. Agrees not to keep pets or entertain guests, except a requirement3-31
that a guest register upon entering and leaving a secured park,3-32
is void. A tenant may recover his actual damages resulting from the3-33
enforcement of such a provision.3-34
Sec. 7. NRS 118B.075 is hereby amended to read as follows: 118B.075 If more than one rental agreement or lease is currently3-36
offered to prospective tenants3-37
landlord of a mobile home park consisting of 25 or more lots shall:3-38
1. Post in a conspicuous and readily accessible place in the community3-39
or recreation facility in the park, at or near the entrance of the park or other3-40
common area in the park, a legible sign indicating in bold print and bearing3-41
the caption "sample rental or lease agreements."4-1
2. Under the sign indicating "sample rental or lease agreements" post a4-2
copy of each rental or lease agreement presently offered to prospective4-3
tenants4-4
3. Provide at the request of a prospective tenant or an existing tenant, a4-5
copy of any lease or rental agreement required to be posted pursuant to4-6
subsection 2.4-7
4. Immediately correct or replace the posted copy of a lease or rental4-8
agreement if new provisions are added to the lease or rental agreement or if4-9
existing provisions are amended or deleted.4-10
5. Provide a copy of the provisions of this section to a prospective4-11
tenant before he signs a rental agreement or lease for a lot.4-12
Sec. 8. NRS 118B.080 is hereby amended to read as follows: 118B.080 1. The landlord shall disclose in legible writing to each4-14
tenant , and post in a conspicuous location in the park, the:4-15
(a) Name, address and telephone number of the owner and manager or4-16
assistant manager of , and any other agent with respect to, the mobile4-17
home park;4-18
(b) Name and address of a person authorized to receive service of4-19
process for the landlord4-20
(c) Address and telephone number of each office of the division to4-21
which problems may be reported,4-22
and any change thereof.4-23
2. The information must be furnished in writing to each new tenant on4-24
or before the commencement of his tenancy and to each existing tenant.4-25
Sec. 9. NRS 118B.086 is hereby amended to read as follows: 118B.086 1. Each manager and assistant manager of a mobile home4-27
park which has 25 or more lots shall complete annually 6 hours of4-28
continuing education relating to the management of a mobile home park.4-29
One resident of each park, selected by the tenants, may attend each4-30
course of instruction without charge.4-31
2. The administrator shall adopt regulations specifying the areas of4-32
instruction for the continuing education required by subsection 1.4-33
3. The instruction must include4-34
relating to:4-35
(a) The provisions of chapter 118B of NRS;4-36
(b) Leases and rental agreements;4-37
(c) Unlawful detainer and eviction as set forth in NRS 40.215 to 40.425,4-38
inclusive;4-39
(d) The resolution of complaints and disputes concerning landlords and4-40
tenants of mobile home parks; and4-41
(e) The adoption and enforcement of the rules and regulations of a4-42
mobile home park.5-1
4. Each course of instruction and the instructor of the course must be5-2
approved by the administrator. The administrator shall adopt regulations5-3
setting forth the procedure for applying for approval of an instructor and5-4
course of instruction. The administrator may require submission of such5-5
reasonable information by an applicant as he deems necessary to determine5-6
the suitability of the instructor and the course. The administrator shall not5-7
approve a course if the fee charged for the course is not reasonable. Upon5-8
approval, the administrator shall designate the number of hours of credit5-9
allowable for the course.5-10
Sec. 10. NRS 118B.087 is hereby amended to read as follows: 118B.087 1. There are hereby created two regions to provide courses5-12
of continuing education pursuant to NRS 118B.086. One region is the5-13
northern region consisting of the counties of Washoe, Storey, Douglas,5-14
Lyon, Churchill, Pershing, Humboldt, Lander, Elko, Eureka, Mineral,5-15
White Pine and Carson City, and one region is the southern region5-16
consisting of the counties of Lincoln, Nye, Esmeralda and Clark.5-17
2. The person who applied for approval of a course or his designee5-18
shall notify the administrator of the date and location each time the course5-19
is offered, as soon as practicable after scheduling the course.5-20
3. The administrator shall ensure that a course of continuing education5-21
is offered at least every 6 months in each region. If the administrator finds5-22
that no approved course will be offered to meet the requirements of this5-23
subsection, he shall offer the course and , except as otherwise provided in5-24
NRS 118B.086, charge a reasonable fee for each person enrolled in the5-25
course.5-26
4. If the fees collected by the administrator for the course do not cover5-27
the cost of offering the course, the administrator shall determine the5-28
difference between the fees collected and the cost of offering the course,5-29
divide that amount by the number of mobile home parks which have 255-30
lots or more in the region in which the course was held and assess that5-31
amount to each landlord of such a mobile home park. The landlord shall5-32
pay the assessment within 30 days after it was mailed by the administrator.5-33
Sec. 11. NRS 118B.110 is hereby amended to read as follows: 118B.110 1. The landlord shall meet with a representative group of5-35
tenants occupying the park, chosen by the tenants, to hear any complaints5-36
or suggestions which concern a matter relevant to the park within 45 days5-37
after he receives a written request to do so which has been signed by5-38
persons occupying at least 25 percent of the lots in the park. The 255-39
percent must be calculated on the basis of one signature per occupied lot.5-40
The meeting must be held at a time and place which is convenient to the5-41
landlord and the tenants. The time must not be within the normal working5-42
hours of a majority of the tenants. The representative group of tenants5-43
6-1
2. At least 10 days before any meeting is held pursuant to this section6-2
the landlord or his agent shall post a notice of the meeting in a conspicuous6-3
place in a common area of the park.6-4
3. If the landlord is not a natural person, the landlord shall appoint a6-5
natural person, not the manager or assistant manager, who possesses a6-6
financial interest in the mobile home park to meet with the tenants.6-7
4. If an attorney for the landlord attends a meeting held pursuant to6-8
this section, the landlord shall not prohibit the group of tenants from being6-9
represented by an attorney at that meeting.6-10
Sec. 12. NRS 118B.120 is hereby amended to read as follows: 118B.120 1. The landlord or his agent or employee may:6-12
(a) Require that the tenant landscape and maintain the tenant’s lot if the6-13
landlord advises the tenant in writing of reasonable requirements for the6-14
landscaping.6-15
(b) If the tenant does not comply with the provisions of paragraph (a),6-16
maintain the tenant’s lot and charge the tenant a service fee for the actual6-17
cost of that maintenance.6-18
(c) Require that the mobile home be removed from the park if it is6-19
unoccupied for more than 90 consecutive days and the tenant or dealer is6-20
not making good faith and diligent efforts to sell it.6-21
2. The lease of a mobile home lot may be assigned by the tenant to a6-22
person similarly qualified to reside in the park. If a lease is so assigned,6-23
any subsequent increase in rent must be calculated in the same manner6-24
as provided for the original lessee.6-25
3. The landlord shall maintain, in the manner required for the other6-26
tenants, any lot on which is located a mobile home within the park which6-27
has been repossessed, abandoned or held for rent or taxes. The landlord is6-28
entitled to reimbursement for the cost of that maintenance from the6-29
repossessor or lien holder or from the proceeds of any sale for taxes, as the6-30
case may be.6-31
6-32
to be abandoned if:6-33
(a) It is located on a lot in a mobile home park for which no rent has6-34
been paid for at least 60 days;6-35
(b) It is unoccupied; and6-36
(c) The manager of the mobile home park reasonably believes it to be6-37
abandoned.6-38
Sec. 13. NRS 118B.150 is hereby amended to read as follows: 118B.150 The landlord or his agent or employee shall not:6-40
1. Increase rent or additional charges unless:6-41
(a) The rent charged after the increase is the same rent charged for6-42
mobile homes of the same size if the owner of the park is the lessor of the7-1
mobile home, or lots of the same size or of a similar location within the7-2
park, except that a discount may be selectively given to persons who are:7-3
(1) Handicapped;7-4
(2) Fifty-five years of age or older; or7-5
(3) Long-term tenants of the park if the landlord has specified in the7-6
rental agreement or lease the period of tenancy required to qualify for such7-7
a discount;7-8
(b) Any increase in additional charges for special services is the same7-9
amount for each tenant using the special service; and7-10
(c) Written notice advising a tenant of the increase is received by the7-11
tenant 90 days before the first payment to be increased and written notice7-12
of the increase is given to prospective tenants before commencement of7-13
their tenancy. In addition to the notice provided to a tenant pursuant to this7-14
paragraph, if the landlord or his agent or employee knows or reasonably7-15
should know that the tenant receives assistance from the fund created7-16
pursuant to NRS 118B.215, the landlord or his agent or employee shall7-17
provide to the administrator written notice of the increase 90 days before7-18
the first payment to be increased.7-19
2. Require a tenant to pay for an improvement to the common area of7-20
a mobile home park unless the landlord is required to make the7-21
improvement pursuant to an ordinance of a local government.7-22
3. Require a tenant to pay for a capital improvement to the mobile7-23
home park unless the tenant has notice of the requirement at the time he7-24
enters into the rental agreement. A tenant may not be required to pay for a7-25
capital improvement after the tenant enters into the rental agreement unless7-26
the tenant consents to it in writing or is given 60 days’ notice of the7-27
requirement in writing. The landlord may not establish such a requirement7-28
unless a meeting of the tenants is held to discuss the proposal and the7-29
landlord provides each tenant with notice of the proposal and the date, time7-30
and place of the meeting not less than 60 days before the meeting. The7-31
notice must include a copy of the proposal. A notice in a periodic7-32
publication of the park does not constitute notice for the purposes of this7-33
subsection.7-34
4. Require a tenant to obtain insurance for the rented lot.7-35
5. Require a tenant to pay his rent by check or money order.7-36
7-37
to which he is entitled to the next periodic payment that is due. The7-38
landlord or his agent or employee shall have an adequate amount of money7-39
available to provide change to such a tenant.7-40
7-41
park’s community or recreational facility by the tenants or occupants of7-42
any mobile home or recreational vehicle in the park to discuss the park’s7-43
affairs, or any political or social meeting sponsored by a tenant, if the8-1
meetings are held at reasonable hours and when the facility is not8-2
otherwise in use, or prohibit the distribution of notices of those meetings.8-3
8-4
service furnished the tenant except for nonpayment of utility charges when8-5
due. Any landlord who violates this subsection is liable to the tenant for8-6
actual damages.8-7
8-8
8-9
8-10
8-11
9. Charge a fee for a guest who does not stay with the tenant for more8-12
than a total of 60 days in a calendar year. The tenant of a mobile home lot8-13
who is living alone may allow one other person to live in his home without8-14
paying an additional charge or fee, unless such a living arrangement8-15
constitutes a violation of chapter 315 of NRS. No agreement between a8-16
tenant and his guest alters or varies the terms of the rental contract between8-17
the tenant and the landlord and the guest is subject to the rules and8-18
regulations of the landlord.8-19
10. Prohibit a tenant from erecting a fence along the perimeter of8-20
8-21
established by the landlord, including limitations established for the height8-22
of fences, the materials used for fences and the manner in which fences are8-23
to be constructed.8-24
11. Prohibit any tenant from soliciting membership in any association8-25
which is formed by the tenants who live in the park. As used in this8-26
subsection, "solicit" means to make an oral or written request for8-27
membership or the payment of dues or to distribute, circulate or post a8-28
notice for payment of those dues.8-29
12. Prohibit a public officer or candidate for public office from8-30
walking through the park to talk with the tenants.8-31
Sec. 14. NRS 118B.153 is hereby amended to read as follows: 118B.153 The amount of rent charged a tenant for a service, utility or8-33
amenity upon moving into the mobile home park must be reduced8-34
proportionately when the service, utility or amenity is decreased or8-35
eliminated by the landlord. If a swimming pool or other amenity is open8-36
for use but is not sanitary, the rent must be similarly reduced. The8-37
landlord may not increase the rent to recover the lost revenue.8-38
Sec. 15. NRS 118B.157 is hereby amended to read as follows: 118B.157 A landlord must give his tenants at least 24 hours’ notice in8-40
writing when planned repairs of a utility or a service which the mobile8-41
home park provides will cause interruption of the utility or service8-42
shall not interrupt the supply of water except in an emergency.9-1
Sec. 16. NRS 118B.170 is hereby amended to read as follows: 118B.170 1. The landlord may require approval of a prospective9-3
buyer and tenant before the sale of a tenant’s mobile home or recreational9-4
vehicle, if the mobile home or vehicle will remain in the park. The9-5
landlord shall not unreasonably withhold his consent. The administrator9-6
shall inspect the records of mobile homes sold within each park, at least9-7
annually, to determine compliance with the provisions of this subsection.9-8
2. If a tenant sells his mobile home or recreational vehicle, the9-9
landlord may require that the mobile home or recreational vehicle be9-10
removed from the park if it is9-11
rules or regulations in the possession of the tenants to be in a run-down9-12
condition or in disrepair or does not meet the safety standards set forth in9-13
NRS 461A.120. If the mobile home must be inspected to determine9-14
compliance with the standards, the person requesting the inspection shall9-15
pay for it.9-16
3. If the landlord requires approval of a prospective buyer and tenant,9-17
he shall post and maintain a sign which is clearly readable at the entrance9-18
to the park which advises the reader that before a mobile home in the park9-19
is sold, the prospective buyer must be approved by the landlord.9-20
Sec. 17. NRS 118B.260 is hereby amended to read as follows: 118B.2609-22
1. A landlord who violates any of the provisions of this chapter:9-23
9-24
$1,000.9-25
9-26
than $2,500.9-27
9-28
of not more than $5,000 for each violation.9-29
2. The penalty must be calculated, up to the applicable limit provided9-30
by subsection 1, at the rate of $50 for each day of violation after written9-31
notice of the violation from the division has been served.9-32
3. If a penalty is imposed pursuant to this section, the costs of the9-33
proceeding, including investigative costs and attorney’s fees, must be9-34
recovered by the administrator, if possible.9-35
Sec. 18. Chapter 489 of NRS is hereby amended by adding thereto a9-36
new section to read as follows:9-37
A contract for the sale of a mobile home in a mobile home park must9-38
state:9-39
1. That the lot on which it is located is not included in the purchase.9-40
2. In conspicuous type, that the buyer should obtain legal advice, and9-41
where that advice is available in the community without charge, if it is so9-42
available.10-1
3. The dates of last maintenance and of any required maintenance or10-2
cleaning of major equipment, including the furnace, chimney and water10-3
heater.10-4
4. If the owner of the park is the seller, a disclosure before the10-5
contract is signed of any known elements in the construction or10-6
connection of the mobile home to utilities that do not meet the standards10-7
required by statute or ordinance at the time of sale.~