Assembly Bill No. 477–Committee on Commerce and Labor

March 11, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes concerning mobile home parks. (BDR 10-1290)

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; requiring a landlord of a mobile home park to

remove snow from certain areas of the park; requiring a landlord to trim the trees

within the park and dispose of the trimmings from those trees; increasing the fee

for a late monthly rental payment; authorizing a landlord to give a discount on

the monthly rental payment to a tenant who pays his rent in a timely manner or

pays his rent by check, money order or electronic means; prohibiting a tenant

from harassing a landlord, manager or assistant manager of a mobile home park,

or an employee or agent of a landlord; providing remedies for failure of the buyer

and tenant of a mobile home to gain prior approval of landlord where required;

providing a civil penalty; 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.090 is hereby amended to read as follows:

1-2 118B.090 The landlord shall:

1-3 1. Maintain all common areas of the park in a clean and safe condition;

1-4 2. Maintain in good working order all electrical, plumbing and sanitary

1-5 facilities, appliances and recreational facilities which he furnishes;

1-6 3. Maintain in a safe and secure location individual mail boxes for the

1-7 tenants if the mail is delivered to the landlord for distribution to the tenants;

1-8 [and]

1-9 4. Maintain all driveways within the park and sidewalks adjacent to the

1-10 street [.] ; and

1-11 5. Remove snow from the sidewalks and streets within the park, and

1-12 from sidewalks adjacent to the street.

2-1 Sec. 2. NRS 118B.120 is hereby amended to read as follows:

2-2 118B.120 1. The landlord or his agent or employee may:

2-3 (a) Require that the tenant landscape and maintain the tenant’s lot if the

2-4 landlord advises the tenant in writing of reasonable requirements for the

2-5 landscaping.

2-6 (b) If the tenant does not comply with the provisions of paragraph (a),

2-7 maintain the tenant’s lot and charge the tenant a service fee for the actual

2-8 cost of that maintenance.

2-9 (c) Require that the mobile home be removed from the park if it is

2-10 unoccupied for more than 90 consecutive days and the tenant or dealer is

2-11 not making good faith and diligent efforts to sell it.

2-12 2. The landlord shall maintain, in the manner required for the other

2-13 tenants, any lot on which is located a mobile home within the park which

2-14 has been repossessed, abandoned or held for rent or taxes. The landlord is

2-15 entitled to reimbursement for the cost of that maintenance from the

2-16 repossessor or lien holder or from the proceeds of any sale for taxes, as the

2-17 case may be.

2-18 3. The landlord shall trim all the trees located within the park and

2-19 dispose of the trimmings from those trees absent a voluntary assumption

2-20 of that duty by the tenant for trees on the tenant’s lot.

2-21 4. For the purposes of this section, a mobile home shall be deemed to

2-22 be abandoned if:

2-23 (a) It is located on a lot in a mobile home park for which no rent has

2-24 been paid for at least 60 days;

2-25 (b) It is unoccupied; and

2-26 (c) The manager of the mobile home park reasonably believes it to be

2-27 abandoned.

2-28 Sec. 3. NRS 118B.140 is hereby amended to read as follows:

2-29 118B.140 The landlord or his agent or employee shall not:

2-30 1. Require a person to purchase a mobile home from him or any other

2-31 person as a condition to renting a mobile home lot to the purchaser or give

2-32 an adjustment of rent or fees, or provide any other incentive to induce the

2-33 purchase of a mobile home from him or any other person.

2-34 2. Charge or receive:

2-35 (a) Any entrance or exit fee for assuming or leaving occupancy of a

2-36 mobile home lot.

2-37 (b) Any transfer or selling fee or commission as a condition to

2-38 permitting a tenant to sell his mobile home or recreational vehicle within

2-39 the mobile home park even if the mobile home or recreational vehicle is to

2-40 remain within the park, unless the landlord is licensed as a dealer of mobile

2-41 homes pursuant to NRS 489.311 and has acted as the tenant’s agent in the

2-42 sale pursuant to a written contract.

2-43 (c) Any fee for the tenant’s spouse or children.

3-1 (d) Any fee for pets kept by a tenant in the park. If special facilities or

3-2 services are provided, the landlord may also charge a fee reasonably related

3-3 to the cost of maintenance of the facility or service and the number of pets

3-4 kept in the facility.

3-5 (e) Any additional service fee unless the landlord provides an additional

3-6 service which is needed to protect the health and welfare of the tenants, and

3-7 written notice advising each tenant of the additional fee is sent to the tenant

3-8 90 days in advance of the first payment to be made, and written notice of

3-9 the additional fee is given to prospective tenants on or before

3-10 commencement of their tenancy. A tenant may only be required to pay the

3-11 additional service fee for the duration of the additional service.

3-12 (f) Any fee for a late monthly rental payment within 4 days [of] after the

3-13 date the rental payment is due or which exceeds [$1] $2 for each day ,

3-14 excluding Saturdays, Sundays and legal holidays, which the payment is

3-15 overdue, beginning on the day after the payment was due. Any fee for late

3-16 payment of charges for utilities must be in accordance with the

3-17 requirements prescribed by the public utilities commission of Nevada.

3-18 (g) Any fee, surcharge or rent increase to recover from his tenants the

3-19 costs resulting from converting from a master-metered water system to

3-20 individual water meters for each mobile home lot.

3-21 (h) Any fee, surcharge or rent increase to recover from his tenants

3-22 any amount that exceeds the amount of the cost for a governmentally

3-23 mandated service or tax that was paid by the landlord.

3-24 Sec. 4. NRS 118B.150 is hereby amended to read as follows:

3-25 118B.150 The landlord or his agent or employee shall not:

3-26 1. Increase rent or additional charges unless:

3-27 (a) The rent charged after the increase is the same rent charged for

3-28 mobile homes of the same size or lots of the same size or of a similar

3-29 location within the park, except that a discount may be selectively given to

3-30 persons who [are:

3-31 (1) Handicapped;

3-32 (2) Fifty-five] :

3-33 (1) Are handicapped;

3-34 (2) Are 55 years of age or older; [or

3-35 (3) Long-term]

3-36 (3) Are long-term tenants of the park if the landlord has specified in

3-37 the rental agreement or lease the period of tenancy required to qualify for

3-38 such a discount;

3-39 (4) Pay their rent in a timely manner; or

3-40 (5) Pay their rent by check, money order or electronic means;

3-41 (b) Any increase in additional charges for special services is the same

3-42 amount for each tenant using the special service; and

4-1 (c) Written notice advising a tenant of the increase is received by the

4-2 tenant 90 days before the first payment to be increased and written notice of

4-3 the increase is given to prospective tenants before commencement of their

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

4-5 paragraph, if the landlord or his agent or employee knows or reasonably

4-6 should know that the tenant receives assistance from the fund created

4-7 pursuant to NRS 118B.215, the landlord or his agent or employee shall

4-8 provide to the administrator written notice of the increase 90 days before

4-9 the first payment to be increased.

4-10 2. Require a tenant to pay for an improvement to the common area of a

4-11 mobile home park unless the landlord is required to make the improvement

4-12 pursuant to an ordinance of a local government.

4-13 3. Require a tenant to pay for a capital improvement to the mobile

4-14 home park unless the tenant has notice of the requirement at the time he

4-15 enters into the rental agreement. A tenant may not be required to pay for a

4-16 capital improvement after the tenant enters into the rental agreement unless

4-17 the tenant consents to it in writing or is given 60 days’ notice of the

4-18 requirement in writing. The landlord may not establish such a requirement

4-19 unless a meeting of the tenants is held to discuss the proposal and the

4-20 landlord provides each tenant with notice of the proposal and the date, time

4-21 and place of the meeting not less than 60 days before the meeting. The

4-22 notice must include a copy of the proposal. A notice in a periodic

4-23 publication of the park does not constitute notice for the purposes of this

4-24 subsection.

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

4-26 5. Require a tenant who pays his rent in cash to apply any change to

4-27 which he is entitled to the next periodic payment that is due. The landlord

4-28 or his agent or employee shall have an adequate amount of money available

4-29 to provide change to such a tenant.

4-30 6. Prohibit or require fees or deposits for any meetings held in the

4-31 park’s community or recreational facility by the tenants or occupants of any

4-32 mobile home or recreational vehicle in the park to discuss the park’s

4-33 affairs, or any political or social meeting sponsored by a tenant, if the

4-34 meetings are held at reasonable hours and when the facility is not otherwise

4-35 in use, or prohibit the distribution of notices of those meetings.

4-36 7. Interrupt, with the intent to terminate occupancy, any utility service

4-37 furnished the tenant except for nonpayment of utility charges when due.

4-38 Any landlord who violates this subsection is liable to the tenant for actual

4-39 damages.

4-40 8. Prohibit a tenant from having guests, but he may require the tenant

4-41 to register the guest within 48 hours after his arrival, Sundays and legal

4-42 holidays excluded, and if the park is a secured park, a guest may be

4-43 required to register upon entering and leaving.

5-1 9. Charge a fee for a guest who does not stay with the tenant for more

5-2 than a total of 60 days in a calendar year. The tenant of a mobile home lot

5-3 who is living alone may allow one other person to live in his home without

5-4 paying an additional charge or fee, unless such a living arrangement

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

5-6 tenant and his guest alters or varies the terms of the rental contract between

5-7 the tenant and the landlord , and the guest is subject to the rules and

5-8 regulations of the landlord.

5-9 10. Prohibit a tenant from erecting a fence along the perimeter of the

5-10 tenant’s lot if the fence complies with any standards for fences established

5-11 by the landlord, including limitations established for the height of fences,

5-12 the materials used for fences and the manner in which fences are to be

5-13 constructed.

5-14 11. Prohibit any tenant from soliciting membership in any association

5-15 which is formed by the tenants who live in the park. As used in this

5-16 subsection, "solicit" means to make an oral or written request for

5-17 membership or the payment of dues or to distribute, circulate or post a

5-18 notice for payment of those dues.

5-19 12. Prohibit a public officer or candidate for public office from

5-20 walking through the park to talk with the tenants.

5-21 13. If a tenant has voluntarily assumed responsibility to trim the

5-22 trees on his lot, require the tenant to trim any particular tree located on

5-23 the lot or dispose of the trimmings unless a danger or hazard exists.

5-24 Sec. 5. NRS 118B.170 is hereby amended to read as follows:

5-25 118B.170 1. The landlord may require approval of a prospective

5-26 buyer and tenant before the sale of a tenant’s mobile home or recreational

5-27 vehicle, if the mobile home or vehicle will remain in the park. The landlord

5-28 shall consider the record, if any, of the prospective buyer and tenant

5-29 concerning the payment of rent. The landlord shall not unreasonably

5-30 withhold his consent.

5-31 2. If a tenant sells his mobile home or recreational vehicle, the landlord

5-32 may require that the mobile home or recreational vehicle be removed from

5-33 the park if it is deemed by the park’s written rules or regulations in the

5-34 possession of the tenants to be in a run-down condition or in disrepair or

5-35 does not meet the safety standards set forth in NRS 461A.120. If the mobile

5-36 home must be inspected to determine compliance with the standards, the

5-37 person requesting the inspection shall pay for it.

5-38 3. If the landlord requires the approval of a prospective buyer and

5-39 tenant, he shall post and maintain a sign which is clearly readable at the

5-40 entrance to the park which advises the reader that before a mobile home in

5-41 the park is sold, the prospective buyer must be approved by the landlord.

5-42 4. If the landlord requires the approval of a prospective buyer and

5-43 tenant of a mobile home or recreational vehicle and the mobile home or

6-1 recreational vehicle is sold without the approval of the landlord, the

6-2 landlord may:

6-3 (a) After providing at least 10 days’ written notice to the buyer and

6-4 tenant, bring an action for an unlawful detainer in the manner

6-5 prescribed in chapter 40 of NRS; or

6-6 (b) Require the buyer and tenant to sign a rental agreement. If the

6-7 buyer and tenant refuse to sign the rental agreement within 5 days after

6-8 such a request, the landlord may, after providing at least 10 days’ written

6-9 notice to the buyer and tenant, bring an action for an unlawful detainer

6-10 in the manner provided in chapter 40 of NRS.

6-11 5. For the purposes of NRS 40.251, a person who:

6-12 (a) Purchases a mobile home or recreational vehicle from a tenant of

6-13 a mobile home park which will remain in the park;

6-14 (b) Was required to be approved by the landlord of the mobile home

6-15 park before the sale of the mobile home or recreational vehicle; and

6-16 (c) Was not approved by the landlord before he purchased that mobile

6-17 home or recreational vehicle,

6-18 shall be deemed a tenant at will and a lessee of the mobile home park.

6-19 Sec. 6. NRS 118B.210 is hereby amended to read as follows:

6-20 118B.210 1. The landlord shall not terminate a tenancy, refuse to

6-21 renew a tenancy, increase rent or decrease services he normally supplies, or

6-22 bring or threaten to bring an action for possession of a mobile home lot as

6-23 retaliation upon the tenant because:

6-24 (a) He has complained in good faith about a violation of a building,

6-25 safety or health code or regulation pertaining to a mobile home park to the

6-26 governmental agency responsible for enforcing the code or regulation.

6-27 (b) He has complained to the landlord concerning the maintenance,

6-28 condition or operation of the park or a violation of any provision of NRS

6-29 118B.040 to 118B.220, inclusive, and 118B.240.

6-30 (c) He has organized or become a member of a tenants’ league or similar

6-31 organization.

6-32 (d) He has requested the reduction in rent required by:

6-33 (1) NRS 118.165 as a result of a reduction in property taxes.

6-34 (2) NRS 118B.153 when a service, utility or amenity is decreased or

6-35 eliminated by the landlord.

6-36 (e) A citation has been issued to the landlord as the result of a complaint

6-37 of the tenant.

6-38 (f) In a judicial proceeding or arbitration between the landlord and the

6-39 tenant, an issue has been determined adversely to the landlord.

6-40 2. A landlord, manager or assistant manager of a mobile home park

6-41 shall not willfully harass a tenant.

6-42 3. A tenant shall not willfully harass a landlord, manager, assistant

6-43 manager of a mobile home park or an employee or agent of the landlord.

7-1 4. As used in this section, "harass" means to threaten or intimidate,

7-2 through words or conduct, with the intent to affect the terms or conditions

7-3 of a tenancy or [the tenant’s] a person’s exercise of his rights pursuant to

7-4 this chapter.

7-5 Sec. 7. NRS 118B.260 is hereby amended to read as follows:

7-6 118B.260 Any landlord who violates any of the provisions of this

7-7 chapter [:] and any other person who violates NRS 118B.210:

7-8 1. For the first violation, shall pay a civil penalty of not more than

7-9 $1,000.

7-10 2. For the second violation, shall pay a civil penalty of not more than

7-11 $2,500.

7-12 3. For the third or subsequent violation, shall pay a civil penalty of not

7-13 more than $5,000 for each violation.

7-14 If a civil penalty is imposed pursuant to this section, the costs of the

7-15 proceeding, including investigative costs and attorney’s fees, must be

7-16 recovered by the administrator, if possible.

7-17 Sec. 8. NRS 40.251 is hereby amended to read as follows:

7-18 40.251 A tenant of real property, a recreational vehicle or a mobile

7-19 home for a term less than life is guilty of an unlawful detainer when having

7-20 leased:

7-21 1. Real property, except as otherwise provided in this section, or a

7-22 mobile home for an indefinite time, with monthly or other periodic rent

7-23 reserved, he continues in possession thereof, in person or by subtenant,

7-24 without the landlord’s consent after the expiration of a notice of:

7-25 (a) For tenancies from week to week, at least 7 days;

7-26 (b) For all other periodic tenancies, at least 30 days; or

7-27 (c) For tenancies at will, at least 5 days.

7-28 2. A dwelling unit subject to the provisions of chapter 118A of NRS,

7-29 he continues in possession, in person or by subtenant, without the

7-30 landlord’s consent after expiration of:

7-31 (a) The term of the rental agreement or its termination and, except as

7-32 otherwise provided in paragraph (b), the expiration of a notice of at least 7

7-33 days for tenancies from week to week and 30 days for all other periodic

7-34 tenancies; or

7-35 (b) A notice of at least 5 days where the tenant has failed to perform his

7-36 basic or contractual obligations under chapter 118A of NRS.

7-37 3. A mobile home lot subject to the provisions of chapter 118B of

7-38 NRS, or a lot for a recreational vehicle in an area of a mobile home park

7-39 other than an area designated as a recreational vehicle lot pursuant to the

7-40 provisions of subsection 6 of NRS 40.215, he continues in possession, in

7-41 person or by subtenant, without the landlord’s consent, after notice has

7-42 been given pursuant to NRS 118B.170 or 118B.190 and the period of the

7-43 notice has expired.

8-1 4. A recreational vehicle lot, he continues in possession, in person or

8-2 by subtenant, without the landlord’s consent, after the expiration of a notice

8-3 of at least 5 days.

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