Amendment No. 602

Assembly Amendment to Assembly Bill No. 397 (BDR 10-915)

Proposed by: Committee on Commerce and Labor

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend the bill as a whole by deleting sections 1 through 8, renumbering sec. 9 as sec. 4 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:

"Section 1. Chapter 118 of NRS is hereby amended by adding thereto a new section to read as follows:

A tenant has a defense in a summary proceeding or other action for possession of a dwelling if the landlord’s attempt to terminate the tenancy or regain possession violates any provision of NRS 118.010 to 118.120, inclusive, or the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq.

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

118.030 As used in NRS 118.010 to 118.120, inclusive, [except where] and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 118.040 to 118.090, inclusive, have the meanings ascribed to them in those sections.

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

118A.180 1. Except as provided in subsection 2, this chapter applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit or premises located within this state.

2. This chapter does not apply to:

(a) A rental agreement subject to the provisions of chapter 118B of NRS;

(b) Low-rent housing programs operated by public housing authorities and established pursuant to [42 U.S.C. §§ 1401 et seq., as amended;] the United States Housing Act of 1937, 42 U.S.C. §§ 1437 et seq.;

(c) A person who owns and personally manages four or fewer dwelling units, except with respect to the provisions of NRS 118A.200, 118A.300, 118A.340, 118A.380, 118A.450 and 118A.460;

(d) Residence in an institution, public or private, incident to detention or the provision of medical, geriatric, educational, counseling, religious or similar service;

(e) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or his successor in interest;

(f) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;

(g) Occupancy in a hotel or motel for less than 30 consecutive days unless the occupant clearly manifests an intent to remain for a longer continuous period;

(h) Occupancy by an employee of a landlord whose right to occupancy is solely conditional upon employment in or about the premises;

(i) Occupancy by an owner of a condominium unit or by a holder of a proprietary lease in a cooperative apartment; or

(j) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.".

Amend the bill as a whole by deleting sections 10 and 11 and renumbering sec. 12 as sec. 5.

Amend sec. 12, page 8, line 30, after "4." by inserting:

"The rights of the tenant under paragraph (c) of subsection 1 do not arise unless the tenant is current in the payment of rent at the time of giving written notice pursuant to subsection 1.

5.".

Amend the bill as a whole by deleting sections 13 and 14 and renumbering sec. 15 as sec. 6.

Amend sec. 15, page 10, line 6, by deleting "or" and inserting "[or]".

Amend sec. 15, page 10, line 10, by deleting "tenant." and inserting:

"tenant [.] ; or

(g) The tenant has complained in good faith to the landlord, a government agency, an attorney, a fair housing agency or any other appropriate body of a violation of NRS 118.010 to 118.120, inclusive, or the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq., or has otherwise exercised rights which are guaranteed or protected under those laws.".

Amend sec. 15, page 10, by deleting lines 20 and 21 and inserting:

"(b) The tenancy is terminated with cause;".

Amend the bill as a whole by deleting sec. 16 and the text of repealed section.

Amend the title of the bill to read as follows:

"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.".