Assembly Bill No. 444–Assemblywoman Freeman

 

March 19, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes regarding preservation of neighborhoods. (BDR 40‑906)

 

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 the preservation of neighborhoods; providing for the revocation of the license or certification of certain facilities for the care and treatment of persons in certain circumstances; requiring certain rental agreements to contain a summary of certain criminal provisions regarding nuisances; requiring that the responsible person whose telephone number a landlord is required to provide to a tenant for emergencies must reside in the same county in which the premises are located; 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 449.160 is hereby amended to read as follows:

1-2    449.160  1.  The health division may deny an application for a license

1-3  or may suspend or revoke any license issued under the provisions of NRS

1-4  449.001 to 449.240, inclusive, upon any of the following grounds:

1-5    [1.] (a) Violation by the applicant or the licensee of any of the

1-6  provisions of NRS 439B.410[,] or 449.001 to 449.245, inclusive, or of any

1-7  other law of this state or of the standards, rules and regulations adopted

1-8  thereunder.

1-9    [2.] (b) Aiding, abetting or permitting the commission of any illegal

1-10  act.

1-11    [3.] (c) Conduct inimical to the public health, morals, welfare and

1-12  safety of the people of the State of Nevada in the maintenance and

1-13  operation of the premises for which a license is issued.

1-14    [4.] (d) Conduct or practice detrimental to the health or safety of the

1-15  occupants or employees of the facility.

1-16    [5.] (e) Failure of the applicant to obtain written approval from the

1-17  director of the department of human resources as required by NRS

1-18  439A.100 or as provided in any regulation adopted pursuant to this chapter,

1-19  if such approval is required.

2-1    2.  In addition to the provisions of subsection 1, the health division

2-2  may revoke a license to operate a facility for the dependent if, with

2-3  respect to that facility, the licensee that operates the facility, or an agent

2-4  or employee of the licensee:

2-5    (a) Is convicted of violating any of the provisions of NRS 202.470;

2-6    (b) Is ordered to abate a nuisance pursuant to NRS 244.360, 244.3603

2-7  or 268.4124; or

2-8    (c) Is ordered by the appropriate governmental agency to correct a

2-9  violation of a building, safety or health code or regulation.

2-10    Sec. 2.  NRS 458.155 is hereby amended to read as follows:

2-11    458.155  1.  If a halfway house for alcohol and drug abusers violates

2-12  any provisions related to its certification, including, without limitation, any

2-13  law of this state or any applicable condition, standard or regulation adopted

2-14  by the bureau, the bureau may:

2-15    (a) Suspend or revoke its certification; and

2-16    (b) Impose an administrative fine of not more than $1,000 per day for

2-17  each violation, together with interest thereon at a rate not to exceed 10

2-18  percent per annum.

2-19    2.  In addition to the provisions of subsection 1, the bureau may

2-20  revoke the certification of a halfway house for alcohol and drug abusers

2-21  if, with respect to that halfway house, the person or governmental entity

2-22  that operates and maintains the halfway house, or an agent or employee

2-23  of the person or governmental entity:

2-24    (a) Is convicted of violating any of the provisions of NRS 202.470;

2-25    (b) Is ordered to abate a nuisance pursuant to NRS 244.360, 244.3603

2-26  or 268.4124; or

2-27    (c) Is ordered by the appropriate governmental agency to correct a

2-28  violation of a building, safety or health code or regulation.

2-29    3.  If a halfway house for alcohol and drug abusers fails to pay an

2-30  administrative fine imposed pursuant to subsection 1, the bureau may:

2-31    (a) Suspend the certificate of the halfway house until the administrative

2-32  fine is paid; and

2-33    (b) Collect court costs, reasonable attorney’s fees and other costs

2-34  incurred to collect the administrative fine.

2-35    [3.] 4.  Any money collected as an administrative fine must be

2-36  deposited in the state general fund. If money is needed to pay the costs of

2-37  an investigation or inspection to carry out the provisions of NRS 458.141

2-38  to 458.171, inclusive, the bureau may present a claim to the state board of

2-39  examiners for recommendation to the interim finance committee.

2-40    Sec. 3.  NRS 118A.200 is hereby amended to read as follows:

2-41    118A.200  1.  Any written agreement for the use and occupancy of a

2-42  dwelling unit or premises [shall] must be signed by the landlord or his

2-43  agent and the tenant or his agent.

2-44    2.  Any written rental agreement [shall] must contain , but is not

2-45  limited to , provisions relating to the following subjects:

2-46    (a) Duration of the agreement.

2-47    (b) Amount of rent and the manner and time of its payment.

2-48    (c) Occupancy by children or pets.

2-49    (d) Services included with the dwelling rental.

3-1    (e) Fees which are required and the purposes for which they are

3-2  required.

3-3    (f) Deposits which are required and the conditions for their refund.

3-4    (g) Charges which may be required for late or partial payment of rent or

3-5  for return of any dishonored check.

3-6    (h) Inspection rights of the landlord.

3-7    (i) A listing of persons or numbers of persons who are to occupy the

3-8  dwelling.

3-9    (j) Respective responsibilities of the landlord and the tenant as to the

3-10  payment of utility charges.

3-11    (k) A signed record of the inventory and condition of the premises

3-12  under the exclusive custody and control of the tenant.

3-13    (l) A summary of the provisions of NRS 202.470.

3-14    3.  The absence of a written agreement raises a disputable presumption

3-15  that:

3-16    (a) There are no restrictions on occupancy by children or pets.

3-17    (b) Maintenance and waste removal services are provided without

3-18  charge to the tenant.

3-19    (c) No charges for partial or late payments of rent or for dishonored

3-20  checks are paid by the tenant.

3-21    (d) Other than normal wear, the premises will be returned in the same

3-22  condition as when the tenancy began.

3-23    4.  It is unlawful for a landlord or any person authorized to enter into a

3-24  rental agreement on his behalf to use any written agreement which does not

3-25  conform to the provisions of this section , and any provision in an

3-26  agreement which contravenes the provisions of this section is void.

3-27    Sec. 4.  NRS 118A.260 is hereby amended to read as follows:

3-28    118A.260  1.  The landlord, or any person authorized to enter into a

3-29  rental agreement on his behalf, shall disclose to the tenant in writing at or

3-30  before the commencement of the tenancy:

3-31    (a) The name and address of:

3-32      (1) The persons authorized to manage the premises;

3-33      (2) A person authorized to act for and on behalf of the landlord for

3-34  the purpose of service of process and receiving notices and demands; and

3-35      (3) The principal or corporate owner.

3-36    (b) A telephone number at which a responsible person who resides in

3-37  the county in which the premises are located may be called in case of

3-38  emergency.

3-39    2.  The information required to be furnished by this section must be

3-40  kept current , and this section is enforceable against any successor landlord

3-41  or manager of the premises.

3-42    3.  A party who enters into a rental agreement on behalf of the landlord

3-43  and fails to comply with this section is an agent of the landlord for

3-44  purposes of:

3-45    (a) Service of process and receiving notices and demands; and

3-46    (b) Performing the obligations of the landlord under law and under the

3-47  rental agreement.

3-48    4.  In any action against a landlord which involves his rental property,

3-49  service of process upon the manager of the property shall be deemed to be

4-1  service upon the landlord. The obligations of the landlord devolve upon the

4-2  persons authorized to enter into a rental agreement on his behalf.

4-3    5.  This section does not limit or remove the liability of an undisclosed

4-4  landlord.

4-5    Sec. 5.  NRS 118B.040 is hereby amended to read as follows:

4-6    118B.040  1.  A rental agreement or lease between a landlord and

4-7  tenant to rent or lease any mobile home lot must be in writing. The

4-8  landlord shall give the tenant a copy of the agreement or lease at the time

4-9  the tenant signs it.

4-10    2.  A rental agreement or lease must contain , but is not limited to ,

4-11  provisions relating to:

4-12    (a) The duration of the agreement.

4-13    (b) The amount of rent, the manner and time of its payment and the

4-14  amount of any charges for late payment and dishonored checks.

4-15    (c) Restrictions on occupancy by children or pets.

4-16    (d) Services and utilities included with the rental of a lot and the

4-17  responsibility of maintaining or paying for them, including the charge, if

4-18  any, for cleaning the lots.

4-19    (e) Deposits which may be required and the conditions for their refund.

4-20    (f) Maintenance which the tenant is required to perform and any

4-21  appurtenances he is required to provide.

4-22    (g) The name and address of the owner of the mobile home park and his

4-23  authorized agent.

4-24    (h) Any restrictions on subletting.

4-25    (i) Any recreational facilities and other amenities provided to the tenant

4-26  and any deposits or fees required for their use.

4-27    (j) Any restriction of the park to older persons pursuant to federal law.

4-28    (k) The dimensions of the mobile home lot of the tenant.

4-29    (l) A summary of the provisions of NRS 202.470.

4-30    (m) The amount to be charged each month to the tenant to reimburse the

4-31  landlord for the cost of a capital improvement to the mobile home park.

4-32  Such an amount must be stated separately and include the length of time

4-33  the charge will be collected and the total amount to be recovered by the

4-34  landlord from all tenants in the mobile home park.

4-35    Sec. 6.  NRS 432A.190 is hereby amended to read as follows:

4-36    432A.190  1.  The bureau may deny an application for a license or

4-37  may suspend or revoke any license issued under the provisions of this

4-38  chapter upon any of the following grounds:

4-39    [1.] (a) Violation by the applicant or licensee or an employee of the

4-40  applicant or licensee of any of the provisions of this chapter or of any other

4-41  law of this state or of the standards and other regulations adopted

4-42  thereunder.

4-43    [2.] (b) Aiding, abetting or permitting the commission of any illegal

4-44  act.

4-45    [3.] (c) Conduct inimical to the public health, morals, welfare and

4-46  safety of the people of the State of Nevada in the maintenance and

4-47  operation of the child care facility for which a license is issued.

5-1    [4.] (d) Conduct or practice detrimental to the health or safety of the

5-2  occupants or employees of the child care facility, or the clients of the

5-3  outdoor youth program.

5-4    [5.] (e) Conviction of any crime listed in subsection 2 of NRS

5-5  432A.170 committed by the applicant or licensee or an employee of the

5-6  applicant or licensee, or by a resident of the child care facility or

5-7  participant in the outdoor youth program who is 18 years of age or older.

5-8    2.  In addition to the provisions of subsection 1, the bureau may

5-9  revoke a license to operate a child care facility if, with respect to that

5-10  facility, the licensee that operates the facility, or an agent or employee of

5-11  the licensee:

5-12    (a) Is convicted of violating any of the provisions of NRS 202.470;

5-13    (b) Is ordered to abate a nuisance pursuant to NRS 244.360, 244.3603

5-14  or 268.4124; or

5-15    (c) Is ordered by the appropriate governmental agency to correct a

5-16  violation of a building, safety or health code or regulation.

5-17    Sec. 7.  This act becomes effective on July 1, 2001.

 

5-18  H