Assembly Bill No. 389–Assemblymen Ohrenschall, Bache, Anderson, Buckley, Chowning, Claborn, Freeman, Giunchigliani, Goldwater, Koivisto, Manendo, McClain, Mortenson, Parks, Parnell, Price and Von Tobel

 

March 16, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes relating to mobile home parks. (BDR 10‑7)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to mobile home parks; requiring the landlord of a mobile home park to prepare an annual statement and to post and distribute such statement; requiring the administrator of the manufactured housing division of the department of business and industry to enact certain regulations; requiring an increase in rent pursuant to a rental or lease agreement to be calculated in a certain manner; authorizing a tenant to assign his lease of a mobile home lot; 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. Chapter 118B of NRS is hereby amended by adding thereto

1-2  a new section to read as follows:

1-3    1.  At the beginning of each tax year, the landlord shall prepare an

1-4  annual statement which contains the following information:

1-5    (a) The net profits earned by the landlord for the preceding tax year;

1-6    (b) The landlord’s rate of return for the mobile home park for each of

1-7  the 5 preceding tax years, or if the landlord has owned or leased the

1-8  mobile home park for fewer than 5 years, for each year that he has

1-9  owned or leased the mobile home park; and

1-10    (c) The number of years that the landlord has owned or leased the

1-11  mobile home park.

1-12    2.  Not later than May 1 of each year, the landlord shall:

1-13    (a) Post a copy of the annual statement required pursuant to

1-14  subsection 1 in a conspicuous and readily accessible place in the

1-15  community or recreation facility of the mobile home park or other

1-16  common area of the mobile home park;

2-1    (b) Mail, return receipt requested, or personally deliver a copy of the

2-2  annual statement to each tenant of the mobile home park and obtain the

2-3  tenant’s signature acknowledging receipt of the statement; and

2-4    (c) Submit a copy of the annual statement to the division.

2-5    3.  The landlord shall provide a current version of the annual

2-6  statement prepared pursuant to subsection 1 to each prospective tenant of

2-7  the mobile home park.

2-8    Sec. 2.  NRS 118B.024 is hereby amended to read as follows:

2-9    118B.024  1.  The administrator shall adopt regulations to carry out

2-10  the provisions of this chapter. The regulations must include an

2-11  economically reasonable method for calculating periodic increases in

2-12  rent pursuant to a rental agreement.

2-13    2.  In order to carry out the provisions of this chapter, the administrator

2-14  may, upon receiving a complaint alleging a violation of this chapter or any

2-15  regulation adopted pursuant thereto:

2-16    (a) Issue subpoenas for the production of books, papers and documents

2-17  which are strictly relevant to the complaint;

2-18    (b) Mediate grievances between landlords and tenants of mobile home

2-19  parks; and

2-20    (c) Make inspections and provide technical services necessary to

2-21  administer the provisions of this chapter.

2-22    3.  The administrator or his representative may inspect at reasonable

2-23  times in a reasonable manner the premises and books, papers, records and

2-24  documents which are required to enforce the provisions of this chapter.

2-25    Sec. 3.  NRS 118B.040 is hereby amended to read as follows:

2-26    118B.040  1.  A rental agreement or lease between a landlord and

2-27  tenant to rent or lease any mobile home lot must be in writing. The

2-28  landlord shall give the tenant a copy of the agreement or lease at the time

2-29  the tenant signs it.

2-30    2.  A rental agreement or lease must contain [but is not limited to]

2-31  provisions relating to:

2-32    (a) The duration of the agreement.

2-33    (b) The amount of rent, the manner and time of its payment and the

2-34  amount of any charges for late payment and dishonored checks. Any

2-35  provision for a periodic increase in rent must be calculated in a manner

2-36  prescribed by regulation of the administrator.

2-37    (c) Restrictions on occupancy by children . [or pets.]

2-38    (d) Services and utilities included with the rental of a lot and the

2-39  responsibility of maintaining or paying for them, including the charge, if

2-40  any, for cleaning the lots.

2-41    (e) Deposits which may be required and the conditions for their refund.

2-42    (f) Maintenance which the tenant is required to perform and any

2-43  appurtenances he is required to provide.

2-44    (g) The name and address of the owner of the mobile home park and his

2-45  authorized agent.

2-46    (h) Any restrictions on subletting.

2-47    (i) Any recreational facilities and other amenities provided to the tenant

2-48  and any deposits or fees required for their use.

2-49    (j) Any restriction of the park to older persons pursuant to federal law.

3-1    (k) The dimensions of the mobile home lot of the tenant.

3-2    (l) The amount to be charged each month to the tenant to reimburse the

3-3  landlord for the cost of a capital improvement to the mobile home park.

3-4  Such an amount must be stated separately and include the length of time

3-5  the charge will be collected and the total amount to be recovered by the

3-6  landlord from all tenants in the mobile home park.

3-7    Sec. 4.  NRS 118B.120 is hereby amended to read as follows:

3-8    118B.120  1.  The landlord or his agent or employee may:

3-9    (a) Require that the tenant landscape and maintain the tenant’s lot if the

3-10  landlord advises the tenant in writing of reasonable requirements for the

3-11  landscaping.

3-12    (b) If the tenant does not comply with the provisions of paragraph (a),

3-13  maintain the tenant’s lot and charge the tenant a service fee for the actual

3-14  cost of that maintenance.

3-15    (c) Require that the mobile home be removed from the park if it is

3-16  unoccupied for more than 90 consecutive days and the tenant or dealer is

3-17  not making good faith and diligent efforts to sell it.

3-18    2.  The lease of a mobile home lot may be assigned by the tenant to a

3-19  person similarly qualified to reside in the park. If a lease is so assigned,

3-20  any subsequent increase in rent must be calculated in the same manner

3-21  as provided for the original lessee.

3-22    3.  The landlord shall maintain, in the manner required for the other

3-23  tenants, any lot on which is located a mobile home within the park which

3-24  has been repossessed, abandoned or held for rent or taxes. The landlord is

3-25  entitled to reimbursement for the cost of that maintenance from the

3-26  repossessor or lien holder or from the proceeds of any sale for taxes, as the

3-27  case may be.

3-28    [3.] 4.  The landlord shall trim all the trees located within the park and

3-29  dispose of the trimmings from those trees absent a voluntary assumption of

3-30  that duty by the tenant for trees on the tenant’s lot.

3-31    [4.] 5.  For the purposes of this section, a mobile home shall be

3-32  deemed to be abandoned if:

3-33    (a) It is located on a lot in a mobile home park for which no rent has

3-34  been paid for at least 60 days;

3-35    (b) It is unoccupied; and

3-36    (c) The manager of the mobile home park reasonably believes it to be

3-37  abandoned.

 

3-38  H