Senate Bill No. 257–Senator O’Connell (by request)

February 25, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes to provisions governing mobile home parks. (BDR 10-1035)

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 the administrator of the manufactured housing division of the department of business and industry to give written notice to the landlord and the manager of a mobile home park before the administrator or his representative may inspect the premises or certain records of the mobile home park; expanding the grounds under which a landlord may terminate a rental agreement with a tenant of a mobile home lot in a mobile home park; 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.024 is hereby amended to read as follows:

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

1-3 the provisions of this chapter.

1-4 2. In order to carry out the provisions of this chapter, the administrator

1-5 may, upon receiving a complaint alleging a violation of this chapter or any

1-6 regulation adopted pursuant thereto:

1-7 (a) Issue subpoenas for the production of books, papers and documents

1-8 which are strictly relevant to the complaint;

1-9 (b) Mediate grievances between landlords and tenants of mobile home

1-10 parks; and

1-11 (c) Make inspections and provide technical services necessary to

1-12 administer the provisions of this chapter.

1-13 3. [The] Except as otherwise provided in subsection 5 of NRS

1-14 489.231, if the administrator gives not less than 72 hours’ written notice

1-15 to the landlord and the manager of a mobile home park, the administrator

2-1 or his representative may inspect at reasonable times and in a reasonable

2-2 manner the premises and books, papers, records and documents which are

2-3 required to enforce the provisions of this chapter.

2-4 Sec. 2. NRS 118B.190 is hereby amended to read as follows:

2-5 118B.190 1. A written agreement between a landlord and tenant for

2-6 the rental or lease of a mobile home lot in a mobile home park in this state,

2-7 or for the rental or lease of a lot for a recreational vehicle in an area of a

2-8 mobile home park in this state other than an area designated as a

2-9 recreational vehicle lot pursuant to the provisions of subsection 6 of NRS

2-10 40.215, must not be terminated by the landlord except upon notice in

2-11 writing to the tenant served in the manner provided in NRS 40.280:

2-12 (a) Five days in advance if the termination is because the conduct of the

2-13 tenant constitutes a nuisance as described in subsection [6] 8 of NRS

2-14 118B.200.

2-15 (b) Ten days in advance if the termination is because of failure of the

2-16 tenant to pay rent, utility charges or reasonable service fees.

2-17 (c) One hundred eighty days in advance if the termination is because of

2-18 a change in the use of the land by the landlord pursuant to NRS 118B.180.

2-19 (d) Forty-five days in advance if the termination is for any other reason.

2-20 2. The landlord shall specify in the notice the reason for the

2-21 termination of the agreement. The reason relied upon for the termination

2-22 must be set forth with specific facts so that the date, place and

2-23 circumstances concerning the reason for the termination can be determined.

2-24 The termination must be in accordance with the provisions of NRS

2-25 118B.200 and reference alone to a provision of that section does not

2-26 constitute sufficient specificity pursuant to this subsection.

2-27 3. The service of such a notice does not enhance the landlord’s right, if

2-28 any, to enter the tenant’s mobile home. Except in an emergency, the

2-29 landlord shall not enter the mobile home of the tenant served with such a

2-30 notice without the tenant’s permission or a court order allowing the entry.

2-31 4. If a tenant remains in possession of the mobile home lot after

2-32 expiration of the term of the rental agreement, the tenancy is from week to

2-33 week in the case of a tenant who pays weekly rent, and in all other cases the

2-34 tenancy is from month to month. The tenant’s continued occupancy is on

2-35 the same terms and conditions as were contained in the rental agreement

2-36 unless specifically agreed otherwise in writing.

2-37 5. The landlord and tenant may agree to a specific date for termination

2-38 of the agreement. If any provision of this chapter specifies a period of

2-39 notice which is longer than the period of a particular tenancy, the required

2-40 length of the period of notice is controlling.

3-1 Sec. 3. NRS 118B.200 is hereby amended to read as follows:

3-2 118B.200 Notwithstanding the expiration of a period of a tenancy, the

3-3 rental agreement described in NRS 118B.190 may not be terminated except

3-4 [for:] on the following grounds:

3-5 1. Failure of the tenant to pay rent, utility charges or reasonable service

3-6 fees within 10 days after a written notice of delinquency is served upon the

3-7 tenant in the manner provided in NRS 40.280;

3-8 2. As a result of the failure of the tenant to pay rent, utility charges

3-9 or reasonable service fees, a written notice of delinquency providing at

3-10 least 10 days’ notice of termination as set forth in paragraph (b) of

3-11 subsection 1 of NRS 118B.190 has been served upon the tenant in the

3-12 manner provided in NRS 40.280 four or more times in a 12-month

3-13 period;

3-14 3. As a result of the failure of the tenant to pay rent or rent and

3-15 utilities, the landlord has, in accordance with NRS 108.315, made a

3-16 written demand for the amount due and claimed a lien four or more

3-17 times in a 12-month period;

3-18 4. Failure of the tenant to correct any noncompliance with a law,

3-19 ordinance or governmental regulation pertaining to mobile homes or

3-20 recreational vehicles or a valid rule or regulation established pursuant to

3-21 NRS 118B.100 or to cure any violation of the rental agreement within a

3-22 reasonable time after receiving written notification of noncompliance or

3-23 violation;

3-24 [3.] 5. Conduct of the tenant in the mobile home park which constitutes

3-25 an annoyance to other tenants;

3-26 [4.] 6. Violation of valid rules of conduct, occupancy or use of park

3-27 facilities after written notice of the violation is served upon the tenant in the

3-28 manner provided in NRS 40.280;

3-29 [5.] 7. A change in the use of the land by the landlord pursuant to NRS

3-30 118B.180;

3-31 [6.] 8. Conduct of the tenant which constitutes a nuisance as defined in

3-32 NRS 40.140 or which violates a state law or local ordinance; or

3-33 [7.] 9. In a mobile home park that is owned by a nonprofit organization

3-34 or housing authority, failure of the tenant to meet qualifications relating to

3-35 age or income which:

3-36 (a) Are set forth in the lease signed by the tenant; and

3-37 (b) Comply with federal, state and local law.

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