AB384

A.B. 384

Assembly Bill No. 384–Assemblymen Manendo, Buckley, Bache, Claborn, McClain, Anderson, Arberry, Chowning, de Braga, Dini, Freeman, Gibbons, Giunchigliani, Gustavson, Koivisto, Leslie, Mortenson, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams

March 15, 2001

____________

Referred to Committee on Commerce and Labor

SUMMARY—Changes terms used in provisions relating to mobile home parks to refer to manufactured home parks. (BDR 10‑1010)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: No.

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 homes; changing the terms used in provisions relating to mobile home parks to refer to manufactured home parks; 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.0113 is hereby amended to read as follows:

1-2 118B.0113 “Capital improvement” means an addition or betterment

1-3 made to a [mobile] manufactured home park that:

1-4 1. Consists of more than the repair or replacement of an existing

1-5 facility;

1-6 2. Is required by law to be amortized over its useful life for the

1-7 purposes of income tax; and

1-8 3. Has a useful life of 5 years or more.

1-9 Sec. 2. NRS 118B.014 is hereby amended to read as follows:

1-10 118B.014 “Landlord” means the owner or lessor of a [mobile]

1-11 manufactured home lot and the owner or lessor of a [mobile]

1-12 manufactured home park.

1-13 Sec. 3. NRS 118B.0145 is hereby amended to read as follows:

1-14 118B.0145 “Manager” means the person in charge or in control of a

1-15 [mobile] manufactured home park, whether or not he is the owner or

1-16 employed by the owner. The term includes any company chosen by the

2-1 landlord to administer or supervise the affairs of the [mobile]

2-2 manufactured home park.

2-3 Sec. 4. NRS 118B.015 is hereby amended to read as follows:

2-4 118B.015 [“Mobile] “Manufactured home” means a vehicular

2-5 structure without independent motive power, built on a chassis or frame,

2-6 which is:

2-7 1. Designed to be used with or without a permanent foundation;

2-8 2. Capable of being drawn by a motor vehicle; and

2-9 3. Used as and suitable for year-round occupancy as a residence, when

2-10 connected to utilities, by one person who maintains a household or by two

2-11 or more persons who maintain a common household.

2-12 Sec. 5. NRS 118B.016 is hereby amended to read as follows:

2-13 118B.016 [“Mobile] “Manufactured home lot” or “lot” means a

2-14 portion of land within a [mobile] manufactured home park which is rented

2-15 or held out for rent to accommodate:

2-16 1. A [mobile] manufactured home; or

2-17 2. A recreational vehicle for 3 months or more.

2-18 Sec. 6. NRS 118B.017 is hereby amended to read as follows:

2-19 118B.017 [“Mobile] “Manufactured home park” or “park” means an

2-20 area or tract of land where two or more [mobile] manufactured homes or

2-21 [mobile] manufactured home lots are rented or held out for rent. The terms

2-22 do not include an area or tract of land where:

2-23 1. More than half of the lots are rented overnight or for less than 3

2-24 months for recreational vehicles.

2-25 2. [Mobile] Manufactured homes are used occasionally for

2-26 recreational purposes and not as permanent residences.

2-27 Sec. 7. NRS 118B.0185 is hereby amended to read as follows:

2-28 118B.0185 “Tenant” means the owner of a [mobile] manufactured

2-29 home which is located on a [mobile] manufactured home lot in a [mobile]

2-30 manufactured home park.

2-31 Sec. 8. NRS 118B.020 is hereby amended to read as follows:

2-32 118B.020 The provisions of this chapter do not apply to:

2-33 1. [Mobile] Manufactured home parks operated by public housing

2-34 authorities and established pursuant to the United States Housing Act of

2-35 1937, as amended (now 42 U.S.C. §§ 1437 et seq.).

2-36 2. Any lot in a [mobile] manufactured home park which is rented or

2-37 held out for rent overnight or for less than 3 months.

2-38 3. Any recreational vehicle located on a lot described in subsection 2.

2-39 4. Any lot in a [mobile] manufactured home park or [mobile]

2-40 manufactured home on such a lot which is used occasionally for

2-41 recreational purposes and not as a permanent residence.

2-42 Sec. 9. NRS 118B.022 is hereby amended to read as follows:

2-43 118B.022 1. The provisions of this chapter must be administered by

2-44 the division, subject to administrative supervision by the director of the

2-45 department of business and industry.

2-46 2. An employee of the division shall not hold an interest in a [mobile]

2-47 manufactured home park.

3-1 Sec. 10. NRS 118B.024 is hereby amended to read as follows:

3-2 118B.024 1. The administrator shall adopt regulations to carry out

3-3 the provisions of this chapter.

3-4 2. [In order to] To carry out the provisions of this chapter, the

3-5 administrator may, upon receiving a complaint alleging a violation of this

3-6 chapter or any regulation adopted pursuant thereto:

3-7 (a) Issue subpoenas for the production of books, papers and documents

3-8 which are strictly relevant to the complaint;

3-9 (b) Mediate grievances between landlords and tenants of [mobile]

3-10 manufactured home parks; and

3-11 (c) Make inspections and provide technical services necessary to

3-12 administer the provisions of this chapter.

3-13 3. The administrator or his representative may inspect at reasonable

3-14 times in a reasonable manner the premises and books, papers, records and

3-15 documents which are required to enforce the provisions of this chapter.

3-16 Sec. 11. NRS 118B.025 is hereby amended to read as follows:

3-17 118B.025 The administrator shall collect economic and demographic

3-18 data annually from each [mobile] manufactured home park, including the

3-19 amount of rent and rate of vacancy for each type of lot in the park, and

3-20 shall prescribe the form for the collection of such data.

3-21 Sec. 12. NRS 118B.040 is hereby amended to read as follows:

3-22 118B.040 1. A rental agreement or lease between a landlord and

3-23 tenant to rent or lease any [mobile] manufactured home lot must be in

3-24 writing. The landlord shall give the tenant a copy of the agreement or lease

3-25 at the time the tenant signs it.

3-26 2. A rental agreement or lease must contain , but is not limited to ,

3-27 provisions relating to:

3-28 (a) The duration of the agreement.

3-29 (b) The amount of rent, the manner and time of its payment and the

3-30 amount of any charges for late payment and dishonored checks.

3-31 (c) Restrictions on occupancy by children or pets.

3-32 (d) Services and utilities included with the rental of a lot and the

3-33 responsibility of maintaining or paying for them, including the charge, if

3-34 any, for cleaning the lots.

3-35 (e) Deposits which may be required and the conditions for their refund.

3-36 (f) Maintenance which the tenant is required to perform and any

3-37 appurtenances he is required to provide.

3-38 (g) The name and address of the owner of the [mobile] manufactured

3-39 home park and his authorized agent.

3-40 (h) Any restrictions on subletting.

3-41 (i) Any recreational facilities and other amenities provided to the tenant

3-42 and any deposits or fees required for their use.

3-43 (j) Any restriction of the park to older persons pursuant to federal law.

3-44 (k) The dimensions of the [mobile] manufactured home lot of the

3-45 tenant.

3-46 (l) The amount to be charged each month to the tenant to reimburse the

3-47 landlord for the cost of a capital improvement to the [mobile]

3-48 manufactured home park. Such an amount must be stated separately and

3-49 include the length of time the charge will be collected and the total amount

4-1 to be recovered by the landlord from all tenants in the [mobile]

4-2 manufactured home park.

4-3 Sec. 13. NRS 118B.050 is hereby amended to read as follows:

4-4 118B.050 Any provision in a rental agreement or lease for a [mobile]

4-5 manufactured home lot which provides that the tenant:

4-6 1. Agrees to waive or forego any rights or remedies afforded by this

4-7 chapter;

4-8 2. Authorizes any person to confess judgment on any claim arising out

4-9 of the rental agreement;

4-10 3. Agrees to pay the landlord’s attorney’s fees or costs, or both, except

4-11 that the agreement may provide that attorney’s fees may be awarded to the

4-12 prevailing party in the event of court action;

4-13 4. Agrees to the exculpation or limitation of any liability of the

4-14 landlord arising under law or to indemnify the landlord for that liability or

4-15 costs connected therewith, if the liability is based upon an act or omission

4-16 of the landlord or any agent or employee of the landlord;

4-17 5. Agrees to a period within which he will give notice to the landlord

4-18 of the termination of his tenancy which is longer than the term of the lease;

4-19 or

4-20 6. Agrees to pay any additional charge for children or pets, unless the

4-21 landlord provides a special service regarding children or pets,

4-22 is void. A tenant may recover his actual damages resulting from the

4-23 enforcement of such a provision.

4-24 Sec. 14. NRS 118B.060 is hereby amended to read as follows:

4-25 118B.060 1. Any payment, deposit, fee[,] or other charge which is

4-26 required by the landlord in addition to periodic rent, utility charges or

4-27 service fees and is collected as prepaid rent or a sum to compensate for any

4-28 tenant default is a “deposit” governed by the provisions of this section.

4-29 2. The landlord shall maintain a separate record of the deposits.

4-30 3. Except as otherwise provided in subsection 4:

4-31 (a) All deposits are refundable, and upon termination of the tenancy, or

4-32 if the deposit is collected as a sum to compensate for a tenant default, not

4-33 more than 5 years after the landlord receives the deposit, the landlord may

4-34 claim from a deposit only such amounts as are reasonably necessary to

4-35 remedy tenant defaults in the payment of rent, utility charges or service

4-36 fees and to repair damage to the park caused by the tenant. The landlord

4-37 shall provide the tenant with an itemized written accounting of the

4-38 disposition of the deposit.

4-39 (b) Any refund must be sent to the tenant within 21 days after the

4-40 tenancy is terminated.

4-41 4. Each deposit collected as a sum to compensate for a tenant default

4-42 must be refunded to the tenant not more than 5 years after the landlord

4-43 receives the deposit or upon the termination of the tenancy, whichever is

4-44 earlier. The refund must include interest at the rate of 5 percent per year,

4-45 compounded annually, for the entire period during which the deposit was

4-46 held by the landlord.

4-47 5. Upon termination of the landlord’s interest in the [mobile]

4-48 manufactured home park, the landlord shall transfer to his successor in

5-1 interest that portion of the deposit remaining after making any deductions

5-2 allowed pursuant to this section or refund that portion to the tenant.

5-3 6. If the former landlord fails to transfer that portion of the deposit

5-4 remaining to the successor in interest or refund it to the tenant at the time

5-5 the successor in interest takes possession, the successor becomes jointly

5-6 and severally liable with the former landlord for refunding to the tenant

5-7 that portion of the deposit to which he is entitled.

5-8 7. If the former landlord fails to transfer or refund the deposit, the

5-9 tenant may not be required to pay another deposit until the successor in

5-10 interest refunds the deposit to the tenant or provides him with an itemized

5-11 written accounting of the statutorily authorized disposition of the deposit.

5-12 8. The claim of the tenant to any deposit to which he is entitled by law

5-13 takes precedence over the claim of any creditor of the landlord.

5-14 Sec. 15. NRS 118B.065 is hereby amended to read as follows:

5-15 118B.065 Before a tenant signs an initial rental agreement for a

5-16 [mobile] manufactured home lot, the landlord shall, by separate written

5-17 document, disclose to him the zoning designations adopted pursuant to

5-18 chapter 278 of NRS for the [mobile] manufactured home lot to be rented

5-19 and for each parcel of land adjoining the [mobile] manufactured home

5-20 park.

5-21 Sec. 16. NRS 118B.067 is hereby amended to read as follows:

5-22 118B.067 If a landlord approves the placement of a [mobile]

5-23 manufactured home on a lot in a park and it is determined after the home

5-24 is placed on the lot that the placement of the home does not [conform to]

5-25 comply with the requirements of the local ordinances relating to that

5-26 placement, the landlord shall pay the cost to ensure compliance with those

5-27 requirements.

5-28 Sec. 17. NRS 118B.073 is hereby amended to read as follows:

5-29 118B.073 Upon payment of the periodic rent by a tenant of a [mobile]

5-30 manufactured home park, the landlord of that park shall, upon request,

5-31 issue to the tenant a receipt which indicates the amount and the date of the

5-32 payment. The landlord shall issue the receipt as soon as practicable after

5-33 payment, but not later than 5 days after he receives payment.

5-34 Sec. 18. NRS 118B.075 is hereby amended to read as follows:

5-35 118B.075 If more than one rental agreement or lease is [currently]

5-36 offered to prospective tenants, the landlord of a [mobile] manufactured

5-37 home park consisting of 25 or more lots shall:

5-38 1. Post in a conspicuous and readily accessible place in the community

5-39 or recreation facility in the park, at or near the entrance of the park or other

5-40 common area in the park, a legible sign indicating in bold print and bearing

5-41 the caption “sample rental or lease agreements.”

5-42 2. Under the sign indicating “sample rental or lease [agreements”]

5-43 agreements,” post a copy of each rental or lease agreement presently

5-44 offered to prospective tenants.

5-45 3. Provide at the request of a prospective tenant or an existing tenant, a

5-46 copy of any lease or rental agreement required to be posted pursuant to

5-47 subsection 2.

6-1 4. Immediately correct or replace the posted copy of a lease or rental

6-2 agreement if new provisions are added to the lease or rental agreement or if

6-3 existing provisions are amended or deleted.

6-4 5. Provide a copy of the provisions of this section to a prospective

6-5 tenant before he signs a rental agreement or lease for a lot.

6-6 Sec. 19. NRS 118B.080 is hereby amended to read as follows:

6-7 118B.080 1. The landlord shall disclose in writing to each tenant the:

6-8 (a) Name, address and telephone number of the owner and manager or

6-9 assistant manager of the [mobile] manufactured home park; and

6-10 (b) Name and address of a person authorized to receive service of

6-11 process for the landlord,

6-12 and any change thereof.

6-13 2. The information must be furnished in writing to each new tenant on

6-14 or before the commencement of his tenancy and to each existing tenant.

6-15 Sec. 20. NRS 118B.086 is hereby amended to read as follows:

6-16 118B.086 1. Each manager and assistant manager of a [mobile]

6-17 manufactured home park which has 25 or more lots shall complete

6-18 annually 6 hours of continuing education relating to the management of a

6-19 [mobile] manufactured home park.

6-20 2. The administrator shall adopt regulations specifying the areas of

6-21 instruction for the continuing education required by subsection 1.

6-22 3. The instruction must include, but is not limited to, information

6-23 relating to:

6-24 (a) The provisions of chapter 118B of NRS;

6-25 (b) Leases and rental agreements;

6-26 (c) Unlawful detainer and eviction as set forth in NRS 40.215 to 40.425,

6-27 inclusive;

6-28 (d) The resolution of complaints and disputes concerning landlords and

6-29 tenants of [mobile] manufactured home parks; and

6-30 (e) The adoption and enforcement of the rules and regulations of a

6-31 [mobile] manufactured home park.

6-32 4. Each course of instruction and the instructor of the course must be

6-33 approved by the administrator. The administrator shall adopt regulations

6-34 setting forth the procedure for applying for approval of an instructor and

6-35 course of instruction. The administrator may require submission of such

6-36 reasonable information by an applicant as he deems necessary to determine

6-37 the suitability of the instructor and the course. The administrator shall not

6-38 approve a course if the fee charged for the course is not reasonable. Upon

6-39 approval, the administrator shall designate the number of hours of credit

6-40 allowable for the course.

6-41 Sec. 21. NRS 118B.087 is hereby amended to read as follows:

6-42 118B.087 1. There are hereby created two regions to provide courses

6-43 of continuing education pursuant to NRS 118B.086. One region is the

6-44 northern region consisting of the counties of Washoe, Storey, Douglas,

6-45 Lyon, Churchill, Pershing, Humboldt, Lander, Elko, Eureka, Mineral,

6-46 White Pine and Carson City, and one region is the southern region

6-47 consisting of the counties of Lincoln, Nye, Esmeralda and Clark.

7-1 2. The person who applied for approval of a course or his designee

7-2 shall notify the administrator of the date and location each time the course

7-3 is offered, as soon as practicable after scheduling the course.

7-4 3. The administrator shall ensure that a course of continuing education

7-5 is offered at least every 6 months in each region. If the administrator finds

7-6 that no approved course will be offered to meet the requirements of this

7-7 subsection, he shall offer the course and charge a reasonable fee for each

7-8 person enrolled in the course.

7-9 4. If the fees collected by the administrator for the course do not cover

7-10 the cost of offering the course, the administrator shall determine the

7-11 difference between the fees collected and the cost of offering the course,

7-12 divide that amount by the number of [mobile] manufactured home parks

7-13 which have 25 lots or more in the region in which the course was held and

7-14 assess that amount to each landlord of such a [mobile] manufactured home

7-15 park. The landlord shall pay the assessment within 30 days after it was

7-16 mailed by the administrator.

7-17 Sec. 22. NRS 118B.088 is hereby amended to read as follows:

7-18 118B.088 1. Each instructor of a course shall furnish to each person

7-19 who completes the course required by NRS 118B.086 a certificate of

7-20 completion. The certificate must include:

7-21 (a) The name and address of the participant;

7-22 (b) The name of the instructor of the course;

7-23 (c) The name of the landlord of the [mobile] manufactured home park

7-24 who employs the participant and the address of the park, if the participant

7-25 is employed as a manager or assistant manager of a [mobile]

7-26 manufactured home park on the date of completion of the course;

7-27 (d) The number of hours of instruction completed; and

7-28 (e) The date the course was completed.

7-29 2. Each instructor shall furnish to the administrator the information

7-30 included in each certificate of completion he issues within 30 days after the

7-31 course is completed.

7-32 Sec. 23. NRS 118B.089 is hereby amended to read as follows:

7-33 118B.089 1. The administrator may impose a fine of not more than

7-34 $500 against a landlord of a [mobile] manufactured home park who

7-35 employs a manager or assistant manager who has not completed the course

7-36 of continuing education required by NRS 118B.086.

7-37 2. The administrator shall, before imposing the fine, notify the

7-38 landlord of the [mobile] manufactured home park by certified mail that he

7-39 will impose the fine unless the landlord, within 30 days after the notice is

7-40 mailed, shows cause why the fine should not be imposed.

7-41 3. If the administrator imposes the fine, he shall notify the landlord of

7-42 the [mobile] manufactured home park by certified mail.

7-43 4. The imposition of a fine pursuant to this section is a final decision

7-44 for the purposes of judicial review.

7-45 Sec. 24. NRS 118B.095 is hereby amended to read as follows:

7-46 118B.095 1. The landlord shall authorize each manager and assistant

7-47 manager to make repairs himself or enter into a contract with a third party

7-48 for the repairs.

8-1 2. Except as otherwise provided in subsection 3, the manager shall

8-2 contract with a third party to provide emergency repairs for the tenants on

8-3 the occasions when the manager and assistant manager are not physically

8-4 present in the park. The manager shall notify each tenant of the telephone

8-5 number of the third party who will make the repairs, and direct the tenants

8-6 to call him when an emergency repair is needed and the manager and

8-7 assistant manager are not physically present in the park. The telephone

8-8 number so provided must be that of the third party directly. The provision

8-9 of the telephone number of an answering service does not fulfill this

8-10 requirement. If the manager or assistant manager is present in the park, any

8-11 request for repairs must be made to him and not the third party.

8-12 3. The provisions of subsection 2 do not apply to a [mobile]

8-13 manufactured home park that is owned by:

8-14 (a) A nonprofit organization; or

8-15 (b) A housing authority,

8-16 if the nonprofit organization or housing authority has established an

8-17 alternative method to provide emergency repairs for tenants in a timely

8-18 manner.

8-19 4. As used in this section, “repairs” means only repairs to the property

8-20 of the owner of the [mobile] manufactured home park.

8-21 Sec. 25. NRS 118B.100 is hereby amended to read as follows:

8-22 118B.100 1. The landlord may adopt rules or regulations concerning

8-23 the tenant’s use and occupancy of the [mobile] manufactured home lot and

8-24 the grounds, areas and facilities of the [mobile] manufactured home park

8-25 held out for the use of tenants generally.

8-26 2. All such rules or regulations must be:

8-27 (a) Reasonably related to the purpose for which they are adopted;

8-28 (b) Sufficiently explicit in their prohibition, direction or limitation to

8-29 inform the tenant of what he must do or not do for compliance;

8-30 (c) Adopted in good faith and not for the purpose of evading any

8-31 obligation of the landlord arising under the law;

8-32 (d) Consistent with the provisions of this chapter and a general plan of

8-33 operation, construction or improvement, and must not arbitrarily restrict

8-34 conduct or require any capital improvement by the tenant which is not

8-35 specified in the rental agreement or unreasonably require a change in any

8-36 capital improvement made by the tenant and previously approved by the

8-37 landlord unless the landlord can show that it is in the best interest of the

8-38 other tenants; and

8-39 (e) Uniformly enforced against all tenants in the park, including the

8-40 managers. Any rule or regulation which is not so uniformly enforced may

8-41 not be enforced against any tenant.

8-42 3. No rule or regulation may be used to impose any additional charge

8-43 for occupancy of a [mobile] manufactured home lot or modify the terms of

8-44 a rental agreement.

8-45 4. Except as otherwise provided in subsection 5, a rule or regulation is

8-46 enforceable against the tenant only if he has notice of it at the time he

8-47 enters into the rental agreement. A rule or regulation adopted or amended

8-48 after the tenant enters into the rental agreement is not enforceable unless

8-49 the tenant consents to it in writing or is given 60 days’ notice of it in

9-1 writing. The landlord may not adopt or amend a rule or regulation of the

9-2 park unless a meeting of the tenants is held to discuss the proposal and the

9-3 landlord provides each tenant with notice of the proposal and the date, time

9-4 and place of the meeting not less than 60 days before the meeting. The

9-5 notice must include a copy of the proposed adoption or amendment of the

9-6 rule or regulation. A notice in a periodic publication of the park does not

9-7 constitute notice for the purposes of this subsection.

9-8 5. A rule or regulation pertaining to recreational facilities in the

9-9 [mobile] manufactured home park must be in writing to be enforceable.

9-10 6. As used in this section, “capital improvement” means an addition or

9-11 betterment made to a [mobile] manufactured home located on a lot in a

9-12 [mobile] manufactured home park which is leased by the landlord that:

9-13 (a) Consists of more than the repair or replacement of an existing

9-14 facility;

9-15 (b) Is required by federal law to be amortized over its useful life for the

9-16 purposes of income tax; and

9-17 (c) Has a useful life of 5 years or more.

9-18 Sec. 26. NRS 118B.110 is hereby amended to read as follows:

9-19 118B.110 1. The landlord shall meet with a representative group of

9-20 tenants occupying the park, chosen by the tenants, to hear any complaints

9-21 or suggestions which concern a matter relevant to the park within 45 days

9-22 after he receives a written request to do so which has been signed by

9-23 persons occupying at least 25 percent of the lots in the park. The 25 percent

9-24 must be calculated on the basis of one signature per occupied lot. The

9-25 meeting must be held at a time and place which is convenient to the

9-26 landlord and the tenants. The representative group of tenants must consist

9-27 of no more than five persons.

9-28 2. At least 10 days before any meeting is held pursuant to this section ,

9-29 the landlord or his agent shall post a notice of the meeting in a conspicuous

9-30 place in a common area of the park.

9-31 3. If the landlord is not a natural person, the landlord shall appoint a

9-32 natural person, not the manager or assistant manager, who possesses a

9-33 financial interest in the [mobile] manufactured home park to meet with the

9-34 tenants.

9-35 4. If an attorney for the landlord attends a meeting held pursuant to this

9-36 section, the landlord shall not prohibit the group of tenants from being

9-37 represented by an attorney at that meeting.

9-38 Sec. 27. NRS 118B.120 is hereby amended to read as follows:

9-39 118B.120 1. The landlord or his agent or employee may:

9-40 (a) Require that the tenant landscape and maintain the tenant’s lot if the

9-41 landlord advises the tenant in writing of reasonable requirements for the

9-42 landscaping.

9-43 (b) If the tenant does not comply with the provisions of paragraph (a),

9-44 maintain the tenant’s lot and charge the tenant a service fee for the actual

9-45 cost of that maintenance.

9-46 (c) Require that the [mobile] manufactured home be removed from the

9-47 park if it is unoccupied for more than 90 consecutive days and the tenant or

9-48 dealer is not making good faith and diligent efforts to sell it.

10-1 2. The landlord shall maintain, in the manner required for the other

10-2 tenants, any lot on which is located a [mobile] manufactured home within

10-3 the park which has been repossessed, abandoned or held for rent or taxes.

10-4 The landlord is entitled to reimbursement for the cost of that maintenance

10-5 from the repossessor or lien holder or from the proceeds of any sale for

10-6 taxes, as the case may be.

10-7 3. The landlord shall trim all the trees located within the park and

10-8 dispose of the trimmings from those trees , absent a voluntary assumption

10-9 of that duty by the tenant for trees on the tenant’s lot.

10-10 4. For the purposes of this section, a [mobile] manufactured home

10-11 shall be deemed to be abandoned if:

10-12 (a) It is located on a lot in a [mobile] manufactured home park for

10-13 which no rent has been paid for at least 60 days;

10-14 (b) It is unoccupied; and

10-15 (c) The manager of the [mobile] manufactured home park reasonably

10-16 believes it to be abandoned.

10-17 Sec. 28. NRS 118B.125 is hereby amended to read as follows:

10-18 118B.125 A tenant shall secure the approval of his landlord before

10-19 beginning construction of any improvement or addition to his [mobile]

10-20 manufactured home or lot which requires a building permit issued by a

10-21 local government.

10-22 Sec. 29. NRS 118B.130 is hereby amended to read as follows:

10-23 118B.130 1. A landlord may not change:

10-24 (a) An existing park to a park for older persons pursuant to federal law

10-25 unless the tenants who do not meet those restrictions and may lawfully be

10-26 evicted are moved to other parks at the expense of the landlord; or

10-27 (b) The restriction of a park for older persons pursuant to federal law

10-28 unless the tenants are given the option of remaining in their spaces or

10-29 moving to other parks at the expense of the landlord.

10-30 2. A tenant who elects to move pursuant to a provision of subsection 1

10-31 must give the landlord notice in writing of his election to move within 75

10-32 days after receiving notice of the change in restrictions in the park. If a

10-33 landlord is required to move a tenant to another park pursuant to subsection

10-34 1, he shall pay:

10-35 (a) The cost of moving the tenant’s [mobile] manufactured home and

10-36 its appurtenances to a new location within 50 miles from the [mobile]

10-37 manufactured home park; or

10-38 (b) If the new location is more than 50 miles from the [mobile]

10-39 manufactured home park, the cost of moving the [mobile] manufactured

10-40 home for the first 50 miles,

10-41 including fees for inspection, any deposits for connecting utilities , and the

10-42 cost of taking down, moving, setting up and leveling his [mobile]

10-43 manufactured home and its appurtenances in the new lot or park.

10-44 3. A landlord of a park in which restrictions have been or are being

10-45 changed shall give written notice of the change to each:

10-46 (a) Tenant of the park who does not meet the new restrictions.

10-47 (b) Prospective tenant before the commencement of the tenancy.

10-48 Sec. 30. NRS 118B.140 is hereby amended to read as follows:

10-49 118B.140 The landlord or his agent or employee shall not:

11-1 1. Require a person to purchase a [mobile] manufactured home from

11-2 him or any other person as a condition to renting a [mobile] manufactured

11-3 home lot to the purchaser or give an adjustment of rent or fees, or provide

11-4 any other incentive to induce the purchase of a [mobile] manufactured

11-5 home from him or any other person.

11-6 2. Charge or receive:

11-7 (a) Any entrance or exit fee for assuming or leaving occupancy of a

11-8 [mobile] manufactured home lot.

11-9 (b) Any transfer or selling fee or commission as a condition to

11-10 permitting a tenant to sell his [mobile] manufactured home or recreational

11-11 vehicle within the [mobile] manufactured home park , even if the [mobile]

11-12 manufactured home or recreational vehicle is to remain within the park,

11-13 unless the landlord is licensed as a dealer of [mobile] manufactured homes

11-14 pursuant to NRS 489.311 and has acted as the tenant’s agent in the sale

11-15 pursuant to a written contract.

11-16 (c) Any fee for the tenant’s spouse or children.

11-17 (d) Any fee for pets kept by a tenant in the park. If special facilities or

11-18 services are provided, the landlord may also charge a fee reasonably related

11-19 to the cost of maintenance of the facility or service and the number of pets

11-20 kept in the facility.

11-21 (e) Any additional service fee unless the landlord provides an additional

11-22 service which is needed to protect the health and welfare of the tenants, and

11-23 written notice advising each tenant of the additional fee is sent to the tenant

11-24 90 days in advance of the first payment to be made, and written notice of

11-25 the additional fee is given to prospective tenants on or before

11-26 commencement of their tenancy. A tenant may only be required to pay the

11-27 additional service fee for the duration of the additional service.

11-28 (f) Any fee for a late monthly rental payment within 4 days after the

11-29 date the rental payment is due or which exceeds $5 for each day, excluding

11-30 Saturdays, Sundays and legal holidays, for which the payment is overdue,

11-31 beginning on the day after the payment was due. Any fee for late payment

11-32 of charges for utilities must be in accordance with the requirements

11-33 prescribed by the public utilities commission of Nevada.

11-34 (g) Any fee, surcharge or rent increase to recover from his tenants the

11-35 costs resulting from converting from a master-metered water system to

11-36 individual water meters for each [mobile] manufactured home lot.

11-37 (h) Any fee, surcharge or rent increase to recover from his tenants any

11-38 amount that exceeds the amount of the cost for a governmentally mandated

11-39 service or tax that was paid by the landlord.

11-40 Sec. 31. NRS 118B.150 is hereby amended to read as follows:

11-41 118B.150 The landlord or his agent or employee shall not:

11-42 1. Increase rent or additional charges unless:

11-43 (a) The rent charged after the increase is the same rent charged for

11-44 [mobile] manufactured homes of the same size or lots of the same size or

11-45 of a similar location within the park, except that a discount may be

11-46 selectively given to persons who:

11-47 (1) Are handicapped;

11-48 (2) Are 55 years of age or older;

12-1 (3) Are long-term tenants of the park if the landlord has specified in

12-2 the rental agreement or lease the period of tenancy required to qualify for

12-3 such a discount;

12-4 (4) Pay their rent in a timely manner; or

12-5 (5) Pay their rent by check, money order or electronic means;

12-6 (b) Any increase in additional charges for special services is the same

12-7 amount for each tenant using the special service; and

12-8 (c) Written notice advising a tenant of the increase is received by the

12-9 tenant 90 days before the first payment to be increased and written notice

12-10 of the increase is given to prospective tenants before commencement of

12-11 their tenancy. In addition to the notice provided to a tenant pursuant to this

12-12 paragraph, if the landlord or his agent or employee knows or reasonably

12-13 should know that the tenant receives assistance from the fund created

12-14 pursuant to NRS 118B.215, the landlord or his agent or employee shall

12-15 provide to the administrator written notice of the increase 90 days before

12-16 the first payment to be increased.

12-17 2. Require a tenant to pay for an improvement to the common area of a

12-18 [mobile] manufactured home park unless the landlord is required to make

12-19 the improvement pursuant to an ordinance of a local government.

12-20 3. Require a tenant to pay for a capital improvement to the [mobile]

12-21 manufactured home park unless the tenant has notice of the requirement at

12-22 the time he enters into the rental agreement. A tenant may not be required

12-23 to pay for a capital improvement after the tenant enters into the rental

12-24 agreement unless the tenant consents to it in writing or is given 60 days’

12-25 notice of the requirement in writing. The landlord may not establish such a

12-26 requirement unless a meeting of the tenants is held to discuss the proposal

12-27 and the landlord provides each tenant with notice of the proposal and the

12-28 date, time and place of the meeting not less than 60 days before the

12-29 meeting. The notice must include a copy of the proposal. A notice in a

12-30 periodic publication of the park does not constitute notice for the purposes

12-31 of this subsection.

12-32 4. Require a tenant to pay his rent by check or money order.

12-33 5. Require a tenant who pays his rent in cash to apply any change to

12-34 which he is entitled to the next periodic payment that is due. The landlord

12-35 or his agent or employee shall have an adequate amount of money

12-36 available to provide change to such a tenant.

12-37 6. Prohibit or require fees or deposits for any meetings held in the

12-38 park’s community or recreational facility by the tenants or occupants of

12-39 any [mobile] manufactured home or recreational vehicle in the park to

12-40 discuss the park’s affairs, or any political or social meeting sponsored by a

12-41 tenant, if the meetings are held at reasonable hours and when the facility is

12-42 not otherwise in use, or prohibit the distribution of notices of those

12-43 meetings.

12-44 7. Interrupt, with the intent to terminate occupancy, any utility service

12-45 furnished the tenant except for nonpayment of utility charges when due.

12-46 Any landlord who violates this subsection is liable to the tenant for actual

12-47 damages.

12-48 8. Prohibit a tenant from having guests, but he may require the tenant

12-49 to register the guest within 48 hours after his arrival, Sundays and legal

13-1 holidays excluded, and if the park is a secured park, a guest may be

13-2 required to register upon entering and leaving.

13-3 9. Charge a fee for a guest who does not stay with the tenant for more

13-4 than a total of 60 days in a calendar year. The tenant of a [mobile]

13-5 manufactured home lot who is living alone may allow one other person to

13-6 live in his home without paying an additional charge or fee, unless such a

13-7 living arrangement constitutes a violation of chapter 315 of NRS. No

13-8 agreement between a tenant and his guest alters or varies the terms of the

13-9 rental contract between the tenant and the landlord, and the guest is subject

13-10 to the rules and regulations of the landlord.

13-11 10. Prohibit a tenant from erecting a fence along the perimeter of the

13-12 tenant’s lot if the fence complies with any standards for fences established

13-13 by the landlord, including limitations established for the height of fences,

13-14 the materials used for fences and the manner in which fences are to be

13-15 constructed.

13-16 11. Prohibit any tenant from soliciting membership in any association

13-17 which is formed by the tenants who live in the park. As used in this

13-18 subsection, “solicit” means to make an oral or written request for

13-19 membership or the payment of dues or to distribute, circulate or post a

13-20 notice for payment of those dues.

13-21 12. Prohibit a public officer or candidate for public office from

13-22 walking through the park to talk with the tenants.

13-23 13. If a tenant has voluntarily assumed responsibility to trim the trees

13-24 on his lot, require the tenant to trim any particular tree located on the lot or

13-25 dispose of the trimmings unless a danger or hazard exists.

13-26 Sec. 32. NRS 118B.153 is hereby amended to read as follows:

13-27 118B.153 The amount of rent charged a tenant for a service, utility or

13-28 amenity upon moving into the [mobile] manufactured home park must be

13-29 reduced proportionately when the service, utility or amenity is decreased or

13-30 eliminated by the landlord. The landlord may not increase the rent to

13-31 recover the lost revenue.

13-32 Sec. 33. NRS 118B.157 is hereby amended to read as follows:

13-33 118B.157 A landlord must give his tenants at least 24 hours’ notice in

13-34 writing when planned repairs of a utility or a service which the [mobile]

13-35 manufactured home park provides will cause interruption of the utility or

13-36 service.

13-37 Sec. 34. NRS 118B.160 is hereby amended to read as follows:

13-38 118B.160 The landlord or his agent or employee shall not:

13-39 1. Deny any tenant the right to sell his [mobile] manufactured home

13-40 or recreational vehicle within the park or require the tenant to remove the

13-41 [mobile] manufactured home or recreational vehicle from the park solely

13-42 on the basis of the sale, except as otherwise provided in NRS 118B.170.

13-43 2. Prohibit any tenant desiring to sell his [mobile] manufactured home

13-44 or recreational vehicle within the park from advertising the location of the

13-45 home or vehicle and the name of the [mobile] manufactured home park or

13-46 prohibit the tenant from displaying at least one sign of reasonable size

13-47 advertising the sale of the home or vehicle.

13-48 3. Require that he be an agent of an owner of a [mobile] manufactured

13-49 home or recreational vehicle who desires to sell the home or vehicle.

14-1 4. Unless subleasing of lots is prohibited by a rental agreement or

14-2 lease, prohibit a tenant from subleasing his [mobile] manufactured home

14-3 lot if the prospective subtenant meets the general requirements for tenancy

14-4 in the park.

14-5 5. Require a tenant to make any additions to his [mobile]

14-6 manufactured home unless those additions are required by an ordinance of

14-7 a local government.

14-8 6. Purchase a [mobile] manufactured home within the park if he has

14-9 denied:

14-10 (a) A tenant the right to sell that [mobile] manufactured home; or

14-11 (b) A prospective buyer the right to purchase that [mobile]

14-12 manufactured home.

14-13 Sec. 35. NRS 118B.170 is hereby amended to read as follows:

14-14 118B.170 1. The landlord may require approval of a prospective

14-15 buyer and tenant before the sale of a tenant’s [mobile] manufactured home

14-16 or recreational vehicle, if the [mobile] manufactured home or vehicle will

14-17 remain in the park. The landlord shall consider the record, if any, of the

14-18 prospective buyer and tenant concerning the payment of rent. The landlord

14-19 shall not unreasonably withhold his consent.

14-20 2. If a tenant sells his [mobile] manufactured home or recreational

14-21 vehicle, the landlord may require that the [mobile] manufactured home or

14-22 recreational vehicle be removed from the park if it is deemed by the park’s

14-23 written rules or regulations in the possession of the tenants to be in a run-

14-24 down condition or in disrepair or does not meet the safety standards set

14-25 forth in NRS 461A.120. If the [mobile] manufactured home must be

14-26 inspected to determine compliance with the standards, the person

14-27 requesting the inspection shall pay for it.

14-28 3. If the landlord requires the approval of a prospective buyer and

14-29 tenant, he shall post and maintain a sign which is clearly readable at the

14-30 entrance to the park which advises the reader that before a [mobile]

14-31 manufactured home in the park is sold, the prospective buyer must be

14-32 approved by the landlord.

14-33 4. If the landlord requires the approval of a prospective buyer and

14-34 tenant of a [mobile] manufactured home or recreational vehicle and the

14-35 [mobile] manufactured home or recreational vehicle is sold without the

14-36 approval of the landlord, the landlord may:

14-37 (a) After providing at least 10 days’ written notice to the buyer and

14-38 tenant, bring an action for an unlawful detainer in the manner prescribed in

14-39 chapter 40 of NRS; or

14-40 (b) Require the buyer and tenant to sign a rental agreement. If the buyer

14-41 and tenant refuse to sign the rental agreement within 5 days after such a

14-42 request, the landlord may, after providing at least 10 days’ written notice to

14-43 the buyer and tenant, bring an action for an unlawful detainer in the manner

14-44 provided in chapter 40 of NRS.

14-45 5. For the purposes of NRS 40.251, a person who:

14-46 (a) Purchases a [mobile] manufactured home or recreational vehicle

14-47 from a tenant of a [mobile] manufactured home park which will remain in

14-48 the park;

15-1 (b) Was required to be approved by the landlord of the [mobile]

15-2 manufactured home park before the sale of the [mobile] manufactured

15-3 home or recreational vehicle; and

15-4 (c) Was not approved by the landlord before he purchased that [mobile]

15-5 manufactured home or recreational vehicle,

15-6 shall be deemed a tenant at will and a lessee of the [mobile] manufactured

15-7 home park.

15-8 Sec. 36. NRS 118B.173 is hereby amended to read as follows:

15-9 118B.173 1. Any landlord who lists a [mobile] manufactured home

15-10 park or any part of a [mobile] manufactured home park for sale with a

15-11 licensed real estate broker shall , not less than 10 days nor more than 30

15-12 days before listing the park for sale, mail written notice of that listing to

15-13 any association of tenants of the park that requested the notice. A landlord

15-14 is not required to provide notice of a listing for sale that is not initiated by

15-15 the owner of the park or his authorized agent.

15-16 2. [In order to] To receive the notice required by subsection 1, an

15-17 association of tenants of a [mobile] manufactured home park shall:

15-18 (a) Submit to the landlord a written request for that notice;

15-19 (b) Furnish the landlord with a written list of the names and addresses

15-20 of three members of the association; and

15-21 (c) Give written notice to the landlord that the tenants of the park are

15-22 interested in buying the park and renew that notice at least once each year

15-23 after the initial notice.

15-24 Sec. 37. NRS 118B.177 is hereby amended to read as follows:

15-25 118B.177 1. If a landlord closes a [mobile] manufactured home

15-26 park , he shall pay:

15-27 (a) The cost of moving each tenant’s [mobile] manufactured home and

15-28 its appurtenances to a new location within 50 miles from the [mobile]

15-29 manufactured home park; or

15-30 (b) If the new location is more than 50 miles from the [mobile]

15-31 manufactured home park, the cost of moving the [mobile] manufactured

15-32 home for the first 50 miles,

15-33 including fees for inspection, any deposits for connecting utilities , and the

15-34 cost of taking down, moving, setting up and leveling the [mobile]

15-35 manufactured home and its appurtenances in the new lot or park.

15-36 2. Written notice of the closure must be served on each tenant in the

15-37 manner provided in NRS 40.280, giving the tenant at least 180 days after

15-38 the date of the notice before he is required to move his [mobile]

15-39 manufactured home from the lot.

15-40 Sec. 38. NRS 118B.180 is hereby amended to read as follows:

15-41 118B.180 1. A landlord may convert an existing [mobile]

15-42 manufactured home park into individual [mobile] manufactured home

15-43 lots for sale to [mobile] manufactured home owners if the change is

15-44 approved by the appropriate local zoning board, planning commission or

15-45 governing body, and:

15-46 (a) The landlord gives notice in writing to each tenant within 5 days

15-47 after he files his application for the change in land use with the local

15-48 zoning board, planning commission or governing body;

16-1 (b) The landlord offers to sell the lot to the tenant at the same price the

16-2 lot will be offered to the public and holds that offer open for at least 75

16-3 days before he offers the lot for sale to the public;

16-4 (c) The landlord does not sell an occupied lot for more than a vacant lot

16-5 of similar location, size and shape;

16-6 (d) The landlord pays:

16-7 (1) The cost of moving the tenant’s [mobile] manufactured home

16-8 and its appurtenances to a comparable location within 50 miles from the

16-9 [mobile] manufactured home park; or

16-10 (2) If the new location is more than 50 miles from the [mobile]

16-11 manufactured home park, the cost of moving the [mobile] manufactured

16-12 home for the first 50 miles,

16-13 including fees for inspection, any deposits for connecting utilities and the

16-14 cost of taking down, moving, setting up and leveling his [mobile]

16-15 manufactured home and its appurtenances in the new lot or park; and

16-16 (e) After the landlord is granted final approval of the change by the

16-17 appropriate local zoning board, planning commission or governing body,

16-18 notice in writing is served on each tenant in the manner provided in NRS

16-19 40.280, giving the tenant at least 180 days after the date of the notice,

16-20 before he is required to move his [mobile] manufactured home from the

16-21 lot.

16-22 2. Upon the sale of a [mobile] manufactured home lot and a [mobile]

16-23 manufactured home which is situated on that lot, the landlord shall

16-24 indicate what portion of the purchase price is for the [mobile]

16-25 manufactured home lot and what portion is for the [mobile] manufactured

16-26 home.

16-27 Sec. 39. NRS 118B.183 is hereby amended to read as follows:

16-28 118B.183 1. A landlord may convert an existing [mobile]

16-29 manufactured home park to any other use of the land if the change is

16-30 approved by the appropriate local zoning board, planning commission or

16-31 governing body, and:

16-32 (a) The landlord gives notice in writing to each tenant within 5 days

16-33 after he files his application for the change in land use with the local

16-34 zoning board, planning commission or governing body;

16-35 (b) The landlord pays:

16-36 (1) The cost of moving the tenant’s [mobile] manufactured home

16-37 and its appurtenances to a new location within 50 miles from the [mobile]

16-38 manufactured home park; or

16-39 (2) If the new location is more than 50 miles from the [mobile]

16-40 manufactured home park, the cost of moving the [mobile] manufactured

16-41 home for the first 50 miles,

16-42 including fees for inspection, any deposits for connecting utilities and the

16-43 cost of taking down, moving, setting up and leveling his [mobile]

16-44 manufactured home and its appurtenances in the new lot or park; and

16-45 (c) After the landlord is granted final approval of the change by the

16-46 appropriate local zoning board, planning commission or governing body,

16-47 written notice is served on each tenant in the manner provided in NRS

16-48 40.280, giving the tenant at least 180 days after the date of the notice

17-1 before he is required to move his [mobile] manufactured home from the

17-2 lot.

17-3 2. A landlord shall not increase the rent of any tenant for 180 days

17-4 before applying for a change in land use, permit or variance affecting the

17-5 [mobile] manufactured home park.

17-6 Sec. 40. NRS 118B.185 is hereby amended to read as follows:

17-7 118B.185 1. Each owner of a [mobile] manufactured home park

17-8 shall pay to the division an annual fee established by the administrator

17-9 which must not exceed $5 for each lot within that park.

17-10 2. If an owner fails to pay the fee within 30 days after receiving

17-11 written notice of its amount, a penalty of 50 percent of the amount of the

17-12 fee must be added. The owner is not entitled to any reimbursement of this

17-13 penalty from his tenants.

17-14 3. All fees collected by the division pursuant to subsection 1 must be

17-15 deposited in the state treasury for credit to the account for regulating

17-16 [mobile] manufactured home parks within the fund for manufactured

17-17 housing created pursuant to NRS 489.491. All expenses related to the

17-18 regulation of [mobile] manufactured home parks must be paid from the

17-19 account. The account must not be used for any other purpose. Claims

17-20 against the account must be paid as other claims against the state are paid.

17-21 Sec. 41. NRS 118B.190 is hereby amended to read as follows:

17-22 118B.190 1. A written agreement between a landlord and tenant for

17-23 the rental or lease of a [mobile] manufactured home lot in a [mobile]

17-24 manufactured home park in this state, or for the rental or lease of a lot for

17-25 a recreational vehicle in an area of a [mobile] manufactured home park in

17-26 this state other than an area designated as a recreational vehicle lot

17-27 pursuant to the provisions of subsection 6 of NRS 40.215, must not be

17-28 terminated by the landlord except upon notice in writing to the tenant

17-29 served in the manner provided in NRS 40.280:

17-30 (a) Five days in advance if the termination is because the conduct of the

17-31 tenant constitutes a nuisance as described in subsection 6 of NRS

17-32 118B.200.

17-33 (b) Ten days in advance if the termination is because of failure of the

17-34 tenant to pay rent, utility charges or reasonable service fees.

17-35 (c) One hundred eighty days in advance if the termination is because of

17-36 a change in the use of the land by the landlord pursuant to NRS 118B.180.

17-37 (d) Forty-five days in advance if the termination is for any other reason.

17-38 2. The landlord shall specify in the notice the reason for the

17-39 termination of the agreement. The reason relied upon for the termination

17-40 must be set forth with specific facts so that the date, place and

17-41 circumstances concerning the reason for the termination can be determined.

17-42 The termination must be in accordance with the provisions of NRS

17-43 118B.200 and reference alone to a provision of that section does not

17-44 constitute sufficient specificity pursuant to this subsection.

17-45 3. The service of such a notice does not enhance the landlord’s right, if

17-46 any, to enter the tenant’s [mobile] manufactured home. Except in an

17-47 emergency, the landlord shall not enter the [mobile] manufactured home

17-48 of the tenant served with such a notice without the tenant’s permission or a

17-49 court order allowing the entry.

18-1 4. If a tenant remains in possession of the [mobile] manufactured

18-2 home lot after expiration of the term of the rental agreement, the tenancy is

18-3 from week to week in the case of a tenant who pays weekly rent, and in all

18-4 other cases the tenancy is from month to month. The tenant’s continued

18-5 occupancy is on the same terms and conditions as were contained in the

18-6 rental agreement unless specifically agreed otherwise in writing.

18-7 5. The landlord and tenant may agree to a specific date for termination

18-8 of the agreement. If any provision of this chapter specifies a period of

18-9 notice which is longer than the period of a particular tenancy, the required

18-10 length of the period of notice is controlling.

18-11 Sec. 42. NRS 118B.200 is hereby amended to read as follows:

18-12 118B.200 Notwithstanding the expiration of a period of a tenancy, the

18-13 rental agreement described in NRS 118B.190 may not be terminated except

18-14 for:

18-15 1. Failure of the tenant to pay rent, utility charges or reasonable service

18-16 fees within 10 days after written notice of delinquency served upon the

18-17 tenant in the manner provided in NRS 40.280;

18-18 2. Failure of the tenant to correct any noncompliance with a law,

18-19 ordinance or governmental regulation pertaining to [mobile] manufactured

18-20 homes or recreational vehicles or a valid rule or regulation established

18-21 pursuant to NRS 118B.100 or to cure any violation of the rental agreement

18-22 within a reasonable time after receiving written notification of

18-23 noncompliance or violation;

18-24 3. Conduct of the tenant in the [mobile] manufactured home park

18-25 which constitutes an annoyance to other tenants;

18-26 4. Violation of valid rules of conduct, occupancy or use of park

18-27 facilities after written notice of the violation is served upon the tenant in

18-28 the manner provided in NRS 40.280;

18-29 5. A change in the use of the land by the landlord pursuant to NRS

18-30 118B.180;

18-31 6. Conduct of the tenant which constitutes a nuisance as defined in

18-32 NRS 40.140 or which violates a state law or local ordinance; or

18-33 7. In a [mobile] manufactured home park that is owned by a nonprofit

18-34 organization or housing authority, failure of the tenant to meet

18-35 qualifications relating to age or income which:

18-36 (a) Are set forth in the lease signed by the tenant; and

18-37 (b) Comply with federal, state and local law.

18-38 Sec. 43. NRS 118B.210 is hereby amended to read as follows:

18-39 118B.210 1. The landlord shall not terminate a tenancy, refuse to

18-40 renew a tenancy, increase rent or decrease services he normally supplies, or

18-41 bring or threaten to bring an action for possession of a [mobile]

18-42 manufactured home lot as retaliation upon the tenant because:

18-43 (a) He has complained in good faith about a violation of a building,

18-44 safety or health code or regulation pertaining to a [mobile] manufactured

18-45 home park to the governmental agency responsible for enforcing the code

18-46 or regulation.

18-47 (b) He has complained to the landlord concerning the maintenance,

18-48 condition or operation of the park or a violation of any provision of NRS

18-49 118B.040 to 118B.220, inclusive, or 118B.240.

19-1 (c) He has organized or become a member of a tenants’ league or

19-2 similar organization.

19-3 (d) He has requested the reduction in rent required by:

19-4 (1) NRS 118.165 as a result of a reduction in property taxes.

19-5 (2) NRS 118B.153 when a service, utility or amenity is decreased or

19-6 eliminated by the landlord.

19-7 (e) A citation has been issued to the landlord as the result of a complaint

19-8 of the tenant.

19-9 (f) In a judicial proceeding or arbitration between the landlord and the

19-10 tenant, an issue has been determined adversely to the landlord.

19-11 2. A landlord, manager or assistant manager of a [mobile]

19-12 manufactured home park shall not willfully harass a tenant.

19-13 3. A tenant shall not willfully harass a landlord, manager[,] or

19-14 assistant manager of a [mobile] manufactured home park or an employee

19-15 or agent of the landlord.

19-16 4. As used in this section, “harass” means to threaten or intimidate,

19-17 through words or conduct, with the intent to affect the terms or conditions

19-18 of a tenancy or a person’s exercise of his rights pursuant to this chapter.

19-19 Sec. 44. NRS 118B.211 is hereby amended to read as follows:

19-20 118B.211 As used in NRS 118B.211 to 118B.219, inclusive, “fund”

19-21 means the fund for low-income owners of [mobile] manufactured homes

19-22 created pursuant to NRS 118B.215.

19-23 Sec. 45. NRS 118B.213 is hereby amended to read as follows:

19-24 118B.213 1. In addition to the fee established pursuant to NRS

19-25 118B.185, except as otherwise provided in subsection 3, the owner of a

19-26 [mobile] manufactured home park that is operated for profit shall pay to

19-27 the division an annual fee of $12 for each lot within the park. The owner

19-28 shall not impose a fee or surcharge to recover from his tenants the costs

19-29 resulting from the annual fee per lot paid pursuant to this subsection, or any

19-30 related penalty.

19-31 2. The administrator shall notify the owner of each [mobile]

19-32 manufactured home park that is operated for profit in this state on or

19-33 before July 1 of each year of the fee imposed pursuant to this section.

19-34 3. If on May 15 of that year the balance in the fund which is

19-35 attributable to deposits pursuant to this section exceeds $1,000,000, the

19-36 administrator shall not charge or collect a fee pursuant to this section. The

19-37 administrator shall resume the collection in any year when the balance on

19-38 May 15 is less than $750,000. The administrator shall request the state

19-39 treasurer to inform him of the applicable balance of the fund on May 15 of

19-40 each year.

19-41 4. If an owner fails to pay the fee within 30 days after receiving

19-42 written notice from the administrator to do so, a penalty of 50 percent of

19-43 the amount of the fee must be added.

19-44 5. All fees and penalties collected by the division pursuant to this

19-45 section must be deposited in the state treasury for credit to the fund.

19-46 Sec. 46. NRS 118B.215 is hereby amended to read as follows:

19-47 118B.215 1. There is hereby created as a special revenue fund in the

19-48 state treasury the fund for low-income owners of [mobile] manufactured

19-49 homes, to be administered by the division. All money received for the use

20-1 of the fund pursuant to NRS 118B.213 or from any other source must be

20-2 deposited in the fund.

20-3 2. The interest and income earned on the money in the fund, after

20-4 deducting any applicable charges, must be credited to the fund. All claims

20-5 against the fund must be paid as other claims against the state are paid.

20-6 3. The money in the fund may be used only to pay necessary

20-7 administrative costs and to assist eligible persons by supplementing their

20-8 monthly rent for the [mobile] manufactured home lot on which their

20-9 [mobile] manufactured home is located. Except as otherwise provided in

20-10 subsection 5, to be eligible for assistance from the fund a person must:

20-11 (a) Except as otherwise provided in this subsection, have been a tenant

20-12 in the same [mobile] manufactured home park in this state for at least 1

20-13 year immediately preceding his application for assistance;

20-14 (b) Be the registered owner of the [mobile] manufactured home which

20-15 is subject to the tenancy, as indicated on the certificate of ownership that is

20-16 issued by the division pursuant to NRS 489.541;

20-17 (c) Have a monthly household income, as determined by the

20-18 administrator in accordance with subsection 4, which is at or below:

20-19 (1) The federally designated level signifying poverty or $750,

20-20 whichever is greater, if the person is the sole occupant of the [mobile]

20-21 manufactured home; or

20-22 (2) The federally designated level signifying poverty or $1,125,

20-23 whichever is greater, if the person is not the sole occupant of the [mobile]

20-24 manufactured home;

20-25 (d) Be a tenant in a [mobile] manufactured home park that is operated

20-26 for profit and maintain continuous tenancy in that park during the duration

20-27 of the supplemental assistance; and

20-28 (e) Not have assets whose value is more than $12,000, excluding the

20-29 value of:

20-30 (1) The [mobile] manufactured home which is subject to the

20-31 tenancy;

20-32 (2) The contents of that [mobile] manufactured home; and

20-33 (3) One motor vehicle.

20-34 A person who has been a tenant of a [mobile] manufactured home park in

20-35 this state for at least 1 year, but has not been a tenant of the [mobile]

20-36 manufactured home park in which he resides at the time he applies for

20-37 assistance for at least 1 year, is eligible for assistance from the fund if he

20-38 moved to the [mobile] manufactured home park in which he resides at the

20-39 time of his application because he was unable to pay the rent at the

20-40 [mobile] manufactured home park from which he moved or because that

20-41 park was closed.

20-42 4. In determining the monthly household income of an applicant

20-43 pursuant to subsection 3, the administrator shall exclude from the

20-44 calculation:

20-45 (a) The value of any food stamps the applicant received pursuant to the

20-46 Food Stamp Act of 1977, as amended, 7 U.S.C. §§ 2011 et seq., during the

20-47 year immediately preceding his application for assistance; or

21-1 (b) If the applicant is receiving coverage pursuant to Medicare Part B,

21-2 42 U.S.C. §§ 1395j et seq., the value of the cost of [such] that coverage

21-3 during the year immediately preceding his application for assistance,

21-4 whichever is greater.

21-5 5. The administrator may waive the requirements for eligibility set

21-6 forth in subsection 3 upon the written request of an applicant if the

21-7 circumstances of the applicant have changed as a result of:

21-8 (a) Illness;

21-9 (b) Disability; or

21-10 (c) Extreme financial hardship based upon a significant reduction of

21-11 income, when considering the applicant’s current financial
circumstances.

21-12 An applicant shall include with his request for a waiver all medical and

21-13 financial documents that support his request.

21-14 6. The administrator shall adopt regulations establishing:

21-15 (a) The annual reporting requirements for persons receiving assistance

21-16 pursuant to this section. The regulations must require that each such person

21-17 provide the division with a written acknowledgment of his continued

21-18 eligibility for assistance.

21-19 (b) The maximum amount of assistance which may be distributed to a

21-20 person to supplement his monthly rent pursuant to this section.

21-21 7. As used in this section:

21-22 (a) [“Mobile] “Manufactured home” includes a travel trailer that is

21-23 located on a [mobile] manufactured home lot within a [mobile]

21-24 manufactured home park.

21-25 (b) “Monthly household income” means the combined monthly incomes

21-26 of the occupants of a [mobile] manufactured home which is subject to the

21-27 tenancy for which assistance from the fund is requested.

21-28 (c) “Travel trailer” has the meaning ascribed to it in NRS 489.150.

21-29 Sec. 47. NRS 118B.220 is hereby amended to read as follows:

21-30 118B.220 1. If a [mobile] manufactured home or recreational

21-31 vehicle is made unfit for occupancy for any period in excess of 48 hours by

21-32 any cause for which the landlord is responsible or over which he has

21-33 control, the rent may be, at the tenant’s option, proportionately abated, and

21-34 if it is, must be refunded or credited against the following month’s rent.

21-35 The tenant need not abandon the [mobile] manufactured home or

21-36 recreational vehicle as a prerequisite to seeking relief under this subsection.

21-37 2. As an alternative to the abatement of rent, the tenant may procure

21-38 reasonable substitute housing for occupancy while his [mobile]

21-39 manufactured home or recreational vehicle remains unfit and may:

21-40 (a) Recover the actual and reasonable cost of the substitute housing

21-41 from the landlord; or

21-42 (b) Deduct the cost from future rent.

21-43 3. A [mobile] manufactured home shall be deemed unfit for

21-44 occupancy if essential services such as fuel, water, electricity or sewer

21-45 service are not being adequately provided to the [mobile] manufactured

21-46 home.

22-1 Sec. 48. NRS 108.2675 is hereby amended to read as follows:

22-2 108.2675 “Mobile home lot” has the meaning ascribed to [it]

22-3 “manufactured home lot” in NRS 118B.016.

22-4 Sec. 49. NRS 108.2677 is hereby amended to read as follows:

22-5 108.2677 “Mobile home park” has the meaning ascribed to [it]

22-6 “manufactured home park” in NRS 118B.017.

22-7 Sec. 50. NRS 244.3573 is hereby amended to read as follows:

22-8 244.3573 1. Members of a county law enforcement agency, or if the

22-9 county is within the jurisdiction of a metropolitan police department, the

22-10 members of the metropolitan police department, may patrol and provide for

22-11 the public safety:

22-12 (a) Within the common areas of a mobile home park that is located

22-13 within the unincorporated area of the county and into or upon which the

22-14 public is admitted by easement, license or otherwise; and

22-15 (b) With the permission of the manager of such a mobile home park,

22-16 within other areas of the mobile home park.

22-17 2. As used in this section:

22-18 (a) “Manager” has the meaning ascribed to it in NRS 118B.0145; and

22-19 (b) “Mobile home park” has the meaning ascribed to [it]

22-20 “manufactured home park” in NRS 118B.017.

22-21 Sec. 51. NRS 268.426 is hereby amended to read as follows:

22-22 268.426 1. Members of the law enforcement agency of an

22-23 incorporated city, or if the incorporated city is within the jurisdiction of a

22-24 metropolitan police department, the members of the metropolitan police

22-25 department, may patrol and provide for the public safety:

22-26 (a) Within the common areas of a mobile home park that is located

22-27 within the incorporated city and into or upon which the public is admitted

22-28 by easement, license or otherwise; and

22-29 (b) With the permission of the manager of such a mobile home park,

22-30 within other areas of the mobile home park.

22-31 2. As used in this section:

22-32 (a) “Manager” has the meaning ascribed to it in NRS 118B.0145; and

22-33 (b) “Mobile home park” has the meaning ascribed to [it]

22-34 “manufactured home park” in NRS 118B.017.

22-35 Sec. 52. NRS 278.0167 is hereby amended to read as follows:

22-36 278.0167 “Mobile home park” has the meaning ascribed to [it]

22-37 “manufactured home park” in NRS 118B.017.

22-38 Sec. 53. The legislative counsel shall:

22-39 1. In preparing the reprint and supplements to the Nevada Revised

22-40 Statutes, with respect to any section that is not amended by this act or is

22-41 further amended by another act, appropriately change any reference in

22-42 chapter 118B of NRS or any section referring to such a section to:

22-43 (a) “Mobile home” to “manufactured home”;

22-44 (b) “Mobile home lot” to “manufactured home lot”; and

22-45 (c) “Mobile home park” to “manufactured home park.”

22-46 2. In preparing supplements to the Nevada Administrative Code,

22-47 appropriately change any reference in the chapter which contains the

23-1 regulations adopted pursuant to chapter 118B of NRS or any section

23-2 referring to such a section to:

23-3 (a) “Mobile home” to “manufactured home”;

23-4 (b) “Mobile home lot” to “manufactured home lot”; and

23-5 (c) “Mobile home park” to “manufactured home park.”

23-6 H