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
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: 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 sanitary1-5
facilities, appliances and recreational facilities which he furnishes;1-6
3. Maintain in a safe and secure location individual mail boxes for the1-7
tenants if the mail is delivered to the landlord for distribution to the tenants;1-8
1-9
4. Maintain all driveways within the park and sidewalks adjacent to the1-10
street1-11
5. Remove snow from the sidewalks and streets within the park, and1-12
from sidewalks adjacent to the street.2-1
Sec. 2. NRS 118B.120 is hereby amended to read as follows: 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 the2-4
landlord advises the tenant in writing of reasonable requirements for the2-5
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 actual2-8
cost of that maintenance.2-9
(c) Require that the mobile home be removed from the park if it is2-10
unoccupied for more than 90 consecutive days and the tenant or dealer is2-11
not making good faith and diligent efforts to sell it.2-12
2. The landlord shall maintain, in the manner required for the other2-13
tenants, any lot on which is located a mobile home within the park which2-14
has been repossessed, abandoned or held for rent or taxes. The landlord is2-15
entitled to reimbursement for the cost of that maintenance from the2-16
repossessor or lien holder or from the proceeds of any sale for taxes, as the2-17
case may be.2-18
3. The landlord shall trim all the trees located within the park and2-19
dispose of the trimmings from those trees absent a voluntary assumption2-20
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 to2-22
be abandoned if:2-23
(a) It is located on a lot in a mobile home park for which no rent has2-24
been paid for at least 60 days;2-25
(b) It is unoccupied; and2-26
(c) The manager of the mobile home park reasonably believes it to be2-27
abandoned.2-28
Sec. 3. NRS 118B.140 is hereby amended to read as follows: 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 other2-31
person as a condition to renting a mobile home lot to the purchaser or give2-32
an adjustment of rent or fees, or provide any other incentive to induce the2-33
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 a2-36
mobile home lot.2-37
(b) Any transfer or selling fee or commission as a condition to2-38
permitting a tenant to sell his mobile home or recreational vehicle within2-39
the mobile home park even if the mobile home or recreational vehicle is to2-40
remain within the park, unless the landlord is licensed as a dealer of mobile2-41
homes pursuant to NRS 489.311 and has acted as the tenant’s agent in the2-42
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 or3-2
services are provided, the landlord may also charge a fee reasonably related3-3
to the cost of maintenance of the facility or service and the number of pets3-4
kept in the facility.3-5
(e) Any additional service fee unless the landlord provides an additional3-6
service which is needed to protect the health and welfare of the tenants, and3-7
written notice advising each tenant of the additional fee is sent to the tenant3-8
90 days in advance of the first payment to be made, and written notice of3-9
the additional fee is given to prospective tenants on or before3-10
commencement of their tenancy. A tenant may only be required to pay the3-11
additional service fee for the duration of the additional service.3-12
(f) Any fee for a late monthly rental payment within 4 days3-13
date the rental payment is due or which exceeds3-14
excluding Saturdays, Sundays and legal holidays, which the payment is3-15
overdue, beginning on the day after the payment was due. Any fee for late3-16
payment of charges for utilities must be in accordance with the3-17
requirements prescribed by the public utilities commission of Nevada.3-18
(g) Any fee, surcharge or rent increase to recover from his tenants the3-19
costs resulting from converting from a master-metered water system to3-20
individual water meters for each mobile home lot.3-21
(h) Any fee, surcharge or rent increase to recover from his tenants3-22
any amount that exceeds the amount of the cost for a governmentally3-23
mandated service or tax that was paid by the landlord.3-24
Sec. 4. NRS 118B.150 is hereby amended to read as follows: 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 for3-28
mobile homes of the same size or lots of the same size or of a similar3-29
location within the park, except that a discount may be selectively given to3-30
persons who3-31
3-32
3-33
(1) Are handicapped;3-34
(2) Are 55 years of age or older;3-35
3-36
(3) Are long-term tenants of the park if the landlord has specified in3-37
the rental agreement or lease the period of tenancy required to qualify for3-38
such a discount;3-39
(4) Pay their rent in a timely manner; or3-40
(5) Pay their rent by check, money order or electronic means;3-41
(b) Any increase in additional charges for special services is the same3-42
amount for each tenant using the special service; and4-1
(c) Written notice advising a tenant of the increase is received by the4-2
tenant 90 days before the first payment to be increased and written notice of4-3
the increase is given to prospective tenants before commencement of their4-4
tenancy. In addition to the notice provided to a tenant pursuant to this4-5
paragraph, if the landlord or his agent or employee knows or reasonably4-6
should know that the tenant receives assistance from the fund created4-7
pursuant to NRS 118B.215, the landlord or his agent or employee shall4-8
provide to the administrator written notice of the increase 90 days before4-9
the first payment to be increased.4-10
2. Require a tenant to pay for an improvement to the common area of a4-11
mobile home park unless the landlord is required to make the improvement4-12
pursuant to an ordinance of a local government.4-13
3. Require a tenant to pay for a capital improvement to the mobile4-14
home park unless the tenant has notice of the requirement at the time he4-15
enters into the rental agreement. A tenant may not be required to pay for a4-16
capital improvement after the tenant enters into the rental agreement unless4-17
the tenant consents to it in writing or is given 60 days’ notice of the4-18
requirement in writing. The landlord may not establish such a requirement4-19
unless a meeting of the tenants is held to discuss the proposal and the4-20
landlord provides each tenant with notice of the proposal and the date, time4-21
and place of the meeting not less than 60 days before the meeting. The4-22
notice must include a copy of the proposal. A notice in a periodic4-23
publication of the park does not constitute notice for the purposes of this4-24
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 to4-27
which he is entitled to the next periodic payment that is due. The landlord4-28
or his agent or employee shall have an adequate amount of money available4-29
to provide change to such a tenant.4-30
6. Prohibit or require fees or deposits for any meetings held in the4-31
park’s community or recreational facility by the tenants or occupants of any4-32
mobile home or recreational vehicle in the park to discuss the park’s4-33
affairs, or any political or social meeting sponsored by a tenant, if the4-34
meetings are held at reasonable hours and when the facility is not otherwise4-35
in use, or prohibit the distribution of notices of those meetings.4-36
7. Interrupt, with the intent to terminate occupancy, any utility service4-37
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 actual4-39
damages.4-40
8. Prohibit a tenant from having guests, but he may require the tenant4-41
to register the guest within 48 hours after his arrival, Sundays and legal4-42
holidays excluded, and if the park is a secured park, a guest may be4-43
required to register upon entering and leaving.5-1
9. Charge a fee for a guest who does not stay with the tenant for more5-2
than a total of 60 days in a calendar year. The tenant of a mobile home lot5-3
who is living alone may allow one other person to live in his home without5-4
paying an additional charge or fee, unless such a living arrangement5-5
constitutes a violation of chapter 315 of NRS. No agreement between a5-6
tenant and his guest alters or varies the terms of the rental contract between5-7
the tenant and the landlord , and the guest is subject to the rules and5-8
regulations of the landlord.5-9
10. Prohibit a tenant from erecting a fence along the perimeter of the5-10
tenant’s lot if the fence complies with any standards for fences established5-11
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 be5-13
constructed.5-14
11. Prohibit any tenant from soliciting membership in any association5-15
which is formed by the tenants who live in the park. As used in this5-16
subsection, "solicit" means to make an oral or written request for5-17
membership or the payment of dues or to distribute, circulate or post a5-18
notice for payment of those dues.5-19
12. Prohibit a public officer or candidate for public office from5-20
walking through the park to talk with the tenants.5-21
13. If a tenant has voluntarily assumed responsibility to trim the5-22
trees on his lot, require the tenant to trim any particular tree located on5-23
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: 118B.170 1. The landlord may require approval of a prospective5-26
buyer and tenant before the sale of a tenant’s mobile home or recreational5-27
vehicle, if the mobile home or vehicle will remain in the park. The landlord5-28
shall consider the record, if any, of the prospective buyer and tenant5-29
concerning the payment of rent. The landlord shall not unreasonably5-30
withhold his consent.5-31
2. If a tenant sells his mobile home or recreational vehicle, the landlord5-32
may require that the mobile home or recreational vehicle be removed from5-33
the park if it is deemed by the park’s written rules or regulations in the5-34
possession of the tenants to be in a run-down condition or in disrepair or5-35
does not meet the safety standards set forth in NRS 461A.120. If the mobile5-36
home must be inspected to determine compliance with the standards, the5-37
person requesting the inspection shall pay for it.5-38
3. If the landlord requires the approval of a prospective buyer and5-39
tenant, he shall post and maintain a sign which is clearly readable at the5-40
entrance to the park which advises the reader that before a mobile home in5-41
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 and5-43
tenant of a mobile home or recreational vehicle and the mobile home or6-1
recreational vehicle is sold without the approval of the landlord, the6-2
landlord may:6-3
(a) After providing at least 10 days’ written notice to the buyer and6-4
tenant, bring an action for an unlawful detainer in the manner6-5
prescribed in chapter 40 of NRS; or6-6
(b) Require the buyer and tenant to sign a rental agreement. If the6-7
buyer and tenant refuse to sign the rental agreement within 5 days after6-8
such a request, the landlord may, after providing at least 10 days’ written6-9
notice to the buyer and tenant, bring an action for an unlawful detainer6-10
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 of6-13
a mobile home park which will remain in the park;6-14
(b) Was required to be approved by the landlord of the mobile home6-15
park before the sale of the mobile home or recreational vehicle; and6-16
(c) Was not approved by the landlord before he purchased that mobile6-17
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: 118B.210 1. The landlord shall not terminate a tenancy, refuse to6-21
renew a tenancy, increase rent or decrease services he normally supplies, or6-22
bring or threaten to bring an action for possession of a mobile home lot as6-23
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 the6-26
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 NRS6-29
118B.040 to 118B.220, inclusive, and 118B.240.6-30
(c) He has organized or become a member of a tenants’ league or similar6-31
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 or6-35
eliminated by the landlord.6-36
(e) A citation has been issued to the landlord as the result of a complaint6-37
of the tenant.6-38
(f) In a judicial proceeding or arbitration between the landlord and the6-39
tenant, an issue has been determined adversely to the landlord.6-40
2. A landlord, manager or assistant manager of a mobile home park6-41
shall not willfully harass a tenant.6-42
3. A tenant shall not willfully harass a landlord, manager, assistant6-43
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 conditions7-3
of a tenancy or7-4
this chapter.7-5
Sec. 7. NRS 118B.260 is hereby amended to read as follows: 118B.260 Any landlord who violates any of the provisions of this7-7
chapter7-8
1. For the first violation, shall pay a civil penalty of not more than7-9
$1,000.7-10
2. For the second violation, shall pay a civil penalty of not more than7-11
$2,500.7-12
3. For the third or subsequent violation, shall pay a civil penalty of not7-13
more than $5,000 for each violation.7-14
If a civil penalty is imposed pursuant to this section, the costs of the7-15
proceeding, including investigative costs and attorney’s fees, must be7-16
recovered by the administrator, if possible.7-17
Sec. 8. NRS 40.251 is hereby amended to read as follows: 40.251 A tenant of real property, a recreational vehicle or a mobile7-19
home for a term less than life is guilty of an unlawful detainer when having7-20
leased:7-21
1. Real property, except as otherwise provided in this section, or a7-22
mobile home for an indefinite time, with monthly or other periodic rent7-23
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; or7-27
(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 the7-30
landlord’s consent after expiration of:7-31
(a) The term of the rental agreement or its termination and, except as7-32
otherwise provided in paragraph (b), the expiration of a notice of at least 77-33
days for tenancies from week to week and 30 days for all other periodic7-34
tenancies; or7-35
(b) A notice of at least 5 days where the tenant has failed to perform his7-36
basic or contractual obligations under chapter 118A of NRS.7-37
3. A mobile home lot subject to the provisions of chapter 118B of7-38
NRS, or a lot for a recreational vehicle in an area of a mobile home park7-39
other than an area designated as a recreational vehicle lot pursuant to the7-40
provisions of subsection 6 of NRS 40.215, he continues in possession, in7-41
person or by subtenant, without the landlord’s consent, after notice has7-42
been given pursuant to NRS 118B.170 or 118B.190 and the period of the7-43
notice has expired.8-1
4. A recreational vehicle lot, he continues in possession, in person or8-2
by subtenant, without the landlord’s consent, after the expiration of a notice8-3
of at least 5 days.~