Assembly Bill No. 418–Assemblymen Ohrenschall,
Koivisto, Claborn, McClain, Leslie, Buckley,
Price and Manendo

March 8, 1999

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Joint Sponsors: Senators Care, Carlton, Titus and Wiener

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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 [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 homes; providing additional requirements for the protection of their owners, purchasers and renters; 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 118B of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. An owner, manager or other person responsible for

1-4 maintaining the records of a mobile home park shall keep confidential

1-5 any information in his possession concerning the personal or financial

1-6 affairs of a tenant, including, without limitation, his social security

1-7 number and information regarding his credit cards or bank accounts.

1-8 Sec. 3. 1. Except as otherwise provided in subsection 2 or in an

1-9 emergency, the owner or manager of a mobile home park shall not enter

1-10 a mobile home in the park more than once a year, and shall give notice

1-11 of the date for entry. No other person may enter a mobile home without

1-12 the consent of the owner.

1-13 2. The owner or manager of a mobile home park may enter a mobile

1-14 home in the park at any time with the permission of the occupant, and

2-1 may enter under circumstances provided in the rental agreement if the

2-2 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:

2-4 118B.024 1. The administrator shall adopt regulations to carry out

2-5 the provisions of this chapter. The regulations must include an

2-6 economically reasonable method for calculating periodic increases in

2-7 rent under a rental agreement.

2-8 2. In order to carry out the provisions of this chapter, the administrator

2-9 may, upon receiving a complaint alleging a violation of this chapter or any

2-10 regulation adopted pursuant thereto:

2-11 (a) Issue subpoenas for the production of books, papers and documents

2-12 which are strictly relevant to the complaint;

2-13 (b) Mediate grievances between landlords and tenants of mobile home

2-14 parks; and

2-15 (c) Make inspections and provide technical services necessary to

2-16 administer the provisions of this chapter.

2-17 3. The administrator or his representative may inspect at reasonable

2-18 times in a reasonable manner the premises and books, papers, records and

2-19 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:

2-21 118B.040 1. A rental agreement or lease between a landlord and

2-22 tenant to rent or lease any mobile home lot must be in writing. The landlord

2-23 shall give the tenant a copy of the agreement or lease at the time the tenant

2-24 signs it.

2-25 2. A rental agreement or lease must contain [but is not limited to]

2-26 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 the

2-29 amount of any charges for late payment and dishonored checks. Any

2-30 provision for a periodic increase in rent must be calculated in a manner

2-31 prescribed by regulation of the division.

2-32 (c) Restrictions on occupancy by children . [or pets.]

2-33 (d) Services and utilities included with the rental of a lot and the

2-34 responsibility of maintaining or paying for them, including the charge, if

2-35 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 any

2-38 appurtenances he is required to provide.

2-39 (g) The name and address of the owner of the mobile home park and his

2-40 authorized agent.

2-41 (h) Any restrictions on subletting.

2-42 (i) Any recreational facilities and other amenities provided to the tenant

2-43 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 the

3-4 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 time the

3-6 charge will be collected and the total amount to be recovered by the

3-7 landlord from all tenants in the mobile home park.

3-8 Sec. 6. NRS 118B.050 is hereby amended to read as follows:

3-9 118B.050 Any provision in a rental agreement or lease for a mobile

3-10 home lot which provides that the tenant:

3-11 1. Agrees to waive or forego any rights or remedies afforded by this

3-12 chapter;

3-13 2. Authorizes any person to confess judgment on any claim arising out

3-14 of the rental agreement;

3-15 3. Agrees to pay the landlord’s attorney’s fees or costs, or both, except

3-16 that the agreement may provide that attorney’s fees may be awarded to the

3-17 prevailing party in the event of court action;

3-18 4. Agrees to the exculpation or limitation of any liability of the

3-19 landlord arising under law or to indemnify the landlord for that liability or

3-20 costs connected therewith, if the liability is based upon an act or omission

3-21 of the landlord or any agent or employee of the landlord;

3-22 5. Agrees to a period within which he will give notice to the landlord

3-23 of the termination of his tenancy which is longer than the term of the lease;

3-24 [or]

3-25 6. Agrees to pay any additional charge for children , [or pets,] unless

3-26 the landlord provides a special service regarding children ; or [pets,]

3-27 7. Agrees not to entertain guests, except a requirement that a guest

3-28 register upon entering and leaving a secured park,

3-29 is void. A tenant may recover his actual damages resulting from the

3-30 enforcement of such a provision.

3-31 Sec. 7. NRS 118B.075 is hereby amended to read as follows:

3-32 118B.075 If more than one rental agreement or lease is currently

3-33 offered to prospective tenants [,] or more than one rent is charged, the

3-34 landlord of a mobile home park consisting of 25 or more lots shall:

3-35 1. Post in a conspicuous and readily accessible place in the community

3-36 or recreation facility in the park, at or near the entrance of the park or other

3-37 common area in the park, a legible sign indicating in bold print and bearing

3-38 the caption "sample rental or lease agreements."

3-39 2. Under the sign indicating "sample rental or lease agreements" post a

3-40 copy of each rental or lease agreement presently offered to prospective

3-41 tenants [.] and the amount of rent charged for each lot.

4-1 3. Provide at the request of a prospective tenant or an existing tenant, a

4-2 copy of any lease or rental agreement required to be posted pursuant to

4-3 subsection 2.

4-4 4. Immediately correct or replace the posted copy of a lease or rental

4-5 agreement if new provisions are added to the lease or rental agreement or if

4-6 existing provisions are amended or deleted.

4-7 5. Provide a copy of the provisions of this section to a prospective

4-8 tenant before he signs a rental agreement or lease for a lot.

4-9 Sec. 8. NRS 118B.080 is hereby amended to read as follows:

4-10 118B.080 1. The landlord shall disclose in legible writing to each

4-11 tenant , and post in a conspicuous location in the park, the:

4-12 (a) Name, address and telephone number of the owner and manager or

4-13 assistant manager of , and any other agent with respect to, the mobile

4-14 home park; [and]

4-15 (b) Name and address of a person authorized to receive service of

4-16 process for the landlord [,] ; and

4-17 (c) Address and telephone number of each office of the division to

4-18 which problems may be reported,

4-19 and any change thereof.

4-20 2. The information must be furnished in writing to each new tenant on

4-21 or before the commencement of his tenancy and to each existing tenant.

4-22 Sec. 9. NRS 118B.086 is hereby amended to read as follows:

4-23 118B.086 1. Each manager and assistant manager of a mobile home

4-24 park which has 25 or more lots shall complete annually 6 hours of

4-25 continuing education relating to the management of a mobile home park.

4-26 One resident of each park, selected by the tenants, may attend each

4-27 course of instruction without charge.

4-28 2. The administrator shall adopt regulations specifying the areas of

4-29 instruction for the continuing education required by subsection 1.

4-30 3. The instruction must include [, but is not limited to,] information

4-31 relating to:

4-32 (a) The provisions of chapter 118B of NRS;

4-33 (b) Leases and rental agreements;

4-34 (c) Unlawful detainer and eviction as set forth in NRS 40.215 to 40.425,

4-35 inclusive;

4-36 (d) The resolution of complaints and disputes concerning landlords and

4-37 tenants of mobile home parks; and

4-38 (e) The adoption and enforcement of the rules and regulations of a

4-39 mobile home park.

4-40 4. Each course of instruction and the instructor of the course must be

4-41 approved by the administrator. The administrator shall adopt regulations

4-42 setting forth the procedure for applying for approval of an instructor and

4-43 course of instruction. The administrator may require submission of such

5-1 reasonable information by an applicant as he deems necessary to determine

5-2 the suitability of the instructor and the course. The administrator shall not

5-3 approve a course if the fee charged for the course is not reasonable. Upon

5-4 approval, the administrator shall designate the number of hours of credit

5-5 allowable for the course.

5-6 Sec. 10. NRS 118B.087 is hereby amended to read as follows:

5-7 118B.087 1. There are hereby created two regions to provide courses

5-8 of continuing education pursuant to NRS 118B.086. One region is the

5-9 northern region consisting of the counties of Washoe, Storey, Douglas,

5-10 Lyon, Churchill, Pershing, Humboldt, Lander, Elko, Eureka, Mineral,

5-11 White Pine and Carson City, and one region is the southern region

5-12 consisting of the counties of Lincoln, Nye, Esmeralda and Clark.

5-13 2. The person who applied for approval of a course or his designee

5-14 shall notify the administrator of the date and location each time the course

5-15 is offered, as soon as practicable after scheduling the course.

5-16 3. The administrator shall ensure that a course of continuing education

5-17 is offered at least every 6 months in each region. If the administrator finds

5-18 that no approved course will be offered to meet the requirements of this

5-19 subsection, he shall offer the course and , except as otherwise provided in

5-20 NRS 118B.086, charge a reasonable fee for each person enrolled in the

5-21 course.

5-22 4. If the fees collected by the administrator for the course do not cover

5-23 the cost of offering the course, the administrator shall determine the

5-24 difference between the fees collected and the cost of offering the course,

5-25 divide that amount by the number of mobile home parks which have 25 lots

5-26 or more in the region in which the course was held and assess that amount

5-27 to each landlord of such a mobile home park. The landlord shall pay the

5-28 assessment within 30 days after it was mailed by the administrator.

5-29 Sec. 11. NRS 118B.110 is hereby amended to read as follows:

5-30 118B.110 1. The landlord shall meet with a representative group of

5-31 tenants occupying the park, chosen by the tenants, to hear any complaints

5-32 or suggestions which concern a matter relevant to the park within 45 days

5-33 after he receives a written request to do so which has been signed by

5-34 persons occupying at least 25 percent of the lots in the park. The 25 percent

5-35 must be calculated on the basis of one signature per occupied lot. The

5-36 meeting must be held at a time and place which is convenient to the

5-37 landlord and the tenants. The time must not be within the normal working

5-38 hours of a majority of the tenants. The representative group of tenants

5-39 [must] may consist of no more than five persons.

5-40 2. At least 10 days before any meeting is held pursuant to this section

5-41 the landlord or his agent shall post a notice of the meeting in a conspicuous

5-42 place in a common area of the park.

6-1 3. If the landlord is not a natural person, the landlord shall appoint a

6-2 natural person, not the manager or assistant manager, who possesses a

6-3 financial interest in the mobile home park to meet with the tenants.

6-4 4. If an attorney for the landlord attends a meeting held pursuant to this

6-5 section, the landlord shall not prohibit the group of tenants from being

6-6 represented by an attorney at that meeting.

6-7 Sec. 12. NRS 118B.120 is hereby amended to read as follows:

6-8 118B.120 1. The landlord or his agent or employee may:

6-9 (a) Require that the tenant landscape and maintain the tenant’s lot if the

6-10 landlord advises the tenant in writing of reasonable requirements for the

6-11 landscaping.

6-12 (b) If the tenant does not comply with the provisions of paragraph (a),

6-13 maintain the tenant’s lot and charge the tenant a service fee for the actual

6-14 cost of that maintenance.

6-15 (c) Require that the mobile home be removed from the park if it is

6-16 unoccupied for more than 90 consecutive days and the tenant or dealer is

6-17 not making good faith and diligent efforts to sell it.

6-18 2. The lease of a mobile home lot may be assigned by the tenant to a

6-19 person similarly qualified to reside in the park. If a lease is so assigned,

6-20 any subsequent increase in rent must be calculated in the same manner

6-21 as provided for the original lessee.

6-22 3. The landlord shall maintain, in the manner required for the other

6-23 tenants, any lot on which is located a mobile home within the park which

6-24 has been repossessed, abandoned or held for rent or taxes. The landlord is

6-25 entitled to reimbursement for the cost of that maintenance from the

6-26 repossessor or lien holder or from the proceeds of any sale for taxes, as the

6-27 case may be.

6-28 [3.] 4. For the purposes of this section, a mobile home shall be deemed

6-29 to be abandoned if:

6-30 (a) It is located on a lot in a mobile home park for which no rent has

6-31 been paid for at least 60 days;

6-32 (b) It is unoccupied; and

6-33 (c) The manager of the mobile home park reasonably believes it to be

6-34 abandoned.

6-35 Sec. 13. NRS 118B.150 is hereby amended to read as follows:

6-36 118B.150 The landlord or his agent or employee shall not:

6-37 1. Increase rent or additional charges unless:

6-38 (a) The rent charged after the increase is the same rent charged for

6-39 mobile homes of the same size or lots of the same size or of a similar

6-40 location within the park, except that a discount may be selectively given to

6-41 persons who are:

6-42 (1) Handicapped;

6-43 (2) Fifty-five years of age or older; or

7-1 (3) Long-term tenants of the park if the landlord has specified in the

7-2 rental agreement or lease the period of tenancy required to qualify for such

7-3 a discount;

7-4 (b) Any increase in additional charges for special services is the same

7-5 amount for each tenant using the special service; and

7-6 (c) Written notice advising a tenant of the increase is received by the

7-7 tenant 90 days before the first payment to be increased and written notice of

7-8 the increase is given to prospective tenants before commencement of their

7-9 tenancy. In addition to the notice provided to a tenant pursuant to this

7-10 paragraph, if the landlord or his agent or employee knows or reasonably

7-11 should know that the tenant receives assistance from the fund created

7-12 pursuant to NRS 118B.215, the landlord or his agent or employee shall

7-13 provide to the administrator written notice of the increase 90 days before

7-14 the first payment to be increased.

7-15 2. Require a tenant to pay for an improvement to the common area of a

7-16 mobile home park unless the landlord is required to make the improvement

7-17 pursuant to an ordinance of a local government.

7-18 3. Require a tenant to pay for a capital improvement to the mobile

7-19 home park unless the tenant has notice of the requirement at the time he

7-20 enters into the rental agreement. A tenant may not be required to pay for a

7-21 capital improvement after the tenant enters into the rental agreement unless

7-22 the tenant consents to it in writing or is given 60 days’ notice of the

7-23 requirement in writing. The landlord may not establish such a requirement

7-24 unless a meeting of the tenants is held to discuss the proposal and the

7-25 landlord provides each tenant with notice of the proposal and the date, time

7-26 and place of the meeting not less than 60 days before the meeting. The

7-27 notice must include a copy of the proposal. A notice in a periodic

7-28 publication of the park does not constitute notice for the purposes of this

7-29 subsection.

7-30 4. Require a tenant to obtain insurance for the rented lot.

7-31 5. Require a tenant to pay his rent by check or money order.

7-32 [5.] 6. Require a tenant who pays his rent in cash to apply any change

7-33 to which he is entitled to the next periodic payment that is due. The

7-34 landlord or his agent or employee shall have an adequate amount of money

7-35 available to provide change to such a tenant.

7-36 [6.] 7. Prohibit or require fees or deposits for any meetings held in the

7-37 park’s community or recreational facility by the tenants or occupants of any

7-38 mobile home or recreational vehicle in the park to discuss the park’s

7-39 affairs, or any political or social meeting sponsored by a tenant, if the

7-40 meetings are held at reasonable hours and when the facility is not otherwise

7-41 in use, or prohibit the distribution of notices of those meetings.

7-42 [7.] 8. Interrupt, with the intent to terminate occupancy, any utility

7-43 service furnished the tenant except for nonpayment of utility charges when

8-1 due. Any landlord who violates this subsection is liable to the tenant for

8-2 actual damages.

8-3 [8. Prohibit a tenant from having guests, but he may require the tenant

8-4 to register the guest within 48 hours after his arrival, Sundays and holidays

8-5 excluded, and if the park is a secured park, a guest may be required to

8-6 register upon entering and leaving.]

8-7 9. Charge a fee for a guest who does not stay with the tenant for more

8-8 than a total of 60 days in a calendar year. The tenant of a mobile home lot

8-9 who is living alone may allow one other person to live in his home without

8-10 paying an additional charge or fee, unless such a living arrangement

8-11 constitutes a violation of chapter 315 of NRS. No agreement between a

8-12 tenant and his guest alters or varies the terms of the rental contract between

8-13 the tenant and the landlord and the guest is subject to the rules and

8-14 regulations of the landlord.

8-15 10. Prohibit a tenant from erecting a fence along the perimeter of [the

8-16 tenant’s] his lot if the fence complies with any standards for fences

8-17 established by the landlord, including limitations established for the height

8-18 of fences, the materials used for fences and the manner in which fences are

8-19 to be constructed.

8-20 11. Prohibit any tenant from soliciting membership in any association

8-21 which is formed by the tenants who live in the park. As used in this

8-22 subsection, "solicit" means to make an oral or written request for

8-23 membership or the payment of dues or to distribute, circulate or post a

8-24 notice for payment of those dues.

8-25 12. Prohibit a public officer or candidate for public office from

8-26 walking through the park to talk with the tenants.

8-27 Sec. 14. NRS 118B.153 is hereby amended to read as follows:

8-28 118B.153 The amount of rent charged a tenant for a service, utility or

8-29 amenity upon moving into the mobile home park must be reduced

8-30 proportionately when the service, utility or amenity is decreased or

8-31 eliminated by the landlord. If a swimming pool or other amenity is open

8-32 for use but is not sanitary, the rent must be similarly reduced. The

8-33 landlord may not increase the rent to recover the lost revenue.

8-34 Sec. 15. NRS 118B.157 is hereby amended to read as follows:

8-35 118B.157 A landlord must give his tenants at least 24 hours’ notice in

8-36 writing when planned repairs of a utility or a service which the mobile

8-37 home park provides will cause interruption of the utility or service [.] , and

8-38 shall not interrupt the supply of water except in an emergency.

8-39 Sec. 16. (Deleted by amendment.)

8-40 Sec. 17. NRS 118B.260 is hereby amended to read as follows:

8-41 118B.260 [Any]

8-42 1. A landlord who violates any of the provisions of this chapter:

9-1 [1.] (a) For the first violation, shall pay a civil penalty of not more than

9-2 $1,000.

9-3 [2.] (b) For the second violation, shall pay a civil penalty of not more

9-4 than $2,500.

9-5 [3.] (c) For the third or subsequent violation, shall pay a civil penalty of

9-6 not more than $5,000 for each violation.

9-7 2. The penalty must be calculated, up to the applicable limit provided

9-8 by subsection 1, at the rate of $50 for each day of violation after written

9-9 notice of the violation from the division has been served.

9-10 3. If a penalty is imposed pursuant to this section, the costs of the

9-11 proceeding, including investigative costs and attorney’s fees, must be

9-12 recovered by the administrator, if possible.

9-13 Sec. 18. Chapter 489 of NRS is hereby amended by adding thereto a

9-14 new section to read as follows:

9-15 A contract for the sale of a mobile home in a mobile home park must

9-16 state:

9-17 1. That the lot on which it is located is not included in the purchase.

9-18 2. In conspicuous type, that the buyer should obtain legal advice, and

9-19 where that advice is available in the community without charge, if it is so

9-20 available.

9-21 3. The dates of last maintenance and of any required maintenance or

9-22 cleaning of major equipment, including the furnace, chimney and water

9-23 heater.

9-24 4. If the owner of the park is the seller and the mobile home was

9-25 constructed before 1975, a disclosure before the contract is signed of any

9-26 known elements in the construction or connection of the mobile home to

9-27 utilities that do not meet the standards required by statute or ordinance at

9-28 the time of sale. If such a seller discloses that the mobile home does not

9-29 comply with the safety standards set forth in NRS 461A.120, the seller

9-30 shall disclose specifically the manner in which the mobile home does not

9-31 comply with the standards.

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