(REPRINTED WITH ADOPTED AMENDMENTS)

 

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.

 

~

 

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; authorizing the real estate commission to discipline certain licensees in certain circumstances; 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

2-1  439A.100 or as provided in any regulation adopted pursuant to this chapter,

2-2  if such approval is required.

2-3    2.  In addition to the provisions of subsection 1, the health division

2-4  may revoke a license to operate a facility for the dependent if, with

2-5  respect to that facility, the licensee that operates the facility, or an agent

2-6  or employee of the licensee:

2-7    (a) Is convicted of violating any of the provisions of NRS 202.470;

2-8    (b) Is ordered to but fails to abate a nuisance pursuant to NRS

2-9  244.360, 244.3603 or 268.4124; or

2-10    (c) Is ordered by the appropriate governmental agency to correct a

2-11  violation of a building, safety or health code or regulation but fails to

2-12  correct the violation.

2-13    Sec. 2.  NRS 458.155 is hereby amended to read as follows:

2-14    458.155  1.  If a halfway house for alcohol and drug abusers violates

2-15  any provisions related to its certification, including, without limitation, any

2-16  law of this state or any applicable condition, standard or regulation adopted

2-17  by the bureau, the bureau may:

2-18    (a) Suspend or revoke its certification; and

2-19    (b) Impose an administrative fine of not more than $1,000 per day for

2-20  each violation, together with interest thereon at a rate not to exceed 10

2-21  percent per annum.

2-22    2.  In addition to the provisions of subsection 1, the bureau may

2-23  revoke the certification of a halfway house for alcohol and drug abusers

2-24  if, with respect to that halfway house, the person or governmental entity

2-25  that operates and maintains the halfway house, or an agent or employee

2-26  of the person or governmental entity:

2-27    (a) Is convicted of violating any of the provisions of NRS 202.470;

2-28    (b) Is ordered to but fails to abate a nuisance pursuant to NRS

2-29  244.360, 244.3603 or 268.4124; or

2-30    (c) Is ordered by the appropriate governmental agency to correct a

2-31  violation of a building, safety or health code or regulation but fails to

2-32  correct the violation.

2-33    3.  If a halfway house for alcohol and drug abusers fails to pay an

2-34  administrative fine imposed pursuant to subsection 1, the bureau may:

2-35    (a) Suspend the certificate of the halfway house until the administrative

2-36  fine is paid; and

2-37    (b) Collect court costs, reasonable attorney’s fees and other costs

2-38  incurred to collect the administrative fine.

2-39    [3.] 4.  Any money collected as an administrative fine must be

2-40  deposited in the state general fund. If money is needed to pay the costs of

2-41  an investigation or inspection to carry out the provisions of NRS 458.141

2-42  to 458.171, inclusive, the bureau may present a claim to the state board of

2-43  examiners for recommendation to the interim finance committee.

2-44    Sec. 3.  NRS 118A.200 is hereby amended to read as follows:

2-45    118A.200  1.  Any written agreement for the use and occupancy of a

2-46  dwelling unit or premises [shall] must be signed by the landlord or his

2-47  agent and the tenant or his agent.

2-48    2.  Any written rental agreement [shall] must contain , but is not

2-49  limited to , provisions relating to the following subjects:

3-1    (a) Duration of the agreement.

3-2    (b) Amount of rent and the manner and time of its payment.

3-3    (c) Occupancy by children or pets.

3-4    (d) Services included with the dwelling rental.

3-5    (e) Fees which are required and the purposes for which they are

3-6  required.

3-7    (f) Deposits which are required and the conditions for their refund.

3-8    (g) Charges which may be required for late or partial payment of rent or

3-9  for return of any dishonored check.

3-10    (h) Inspection rights of the landlord.

3-11    (i) A listing of persons or numbers of persons who are to occupy the

3-12  dwelling.

3-13    (j) Respective responsibilities of the landlord and the tenant as to the

3-14  payment of utility charges.

3-15    (k) A signed record of the inventory and condition of the premises

3-16  under the exclusive custody and control of the tenant.

3-17    (l) A summary of the provisions of NRS 202.470.

3-18    3.  The absence of a written agreement raises a disputable presumption

3-19  that:

3-20    (a) There are no restrictions on occupancy by children or pets.

3-21    (b) Maintenance and waste removal services are provided without

3-22  charge to the tenant.

3-23    (c) No charges for partial or late payments of rent or for dishonored

3-24  checks are paid by the tenant.

3-25    (d) Other than normal wear, the premises will be returned in the same

3-26  condition as when the tenancy began.

3-27    4.  It is unlawful for a landlord or any person authorized to enter into a

3-28  rental agreement on his behalf to use any written agreement which does not

3-29  conform to the provisions of this section , and any provision in an

3-30  agreement which contravenes the provisions of this section is void.

3-31    Sec. 4.  NRS 118A.260 is hereby amended to read as follows:

3-32    118A.260  1.  The landlord, or any person authorized to enter into a

3-33  rental agreement on his behalf, shall disclose to the tenant in writing at or

3-34  before the commencement of the tenancy:

3-35    (a) The name and address of:

3-36      (1) The persons authorized to manage the premises;

3-37      (2) A person authorized to act for and on behalf of the landlord for

3-38  the purpose of service of process and receiving notices and demands; and

3-39      (3) The principal or corporate owner.

3-40    (b) A telephone number at which a responsible person who resides in

3-41  the county in which the premises are located may be called in case of

3-42  emergency.

3-43    2.  The information required to be furnished by this section must be

3-44  kept current , and this section is enforceable against any successor landlord

3-45  or manager of the premises.

3-46    3.  A party who enters into a rental agreement on behalf of the landlord

3-47  and fails to comply with this section is an agent of the landlord for

3-48  purposes of:

3-49    (a) Service of process and receiving notices and demands; and

4-1    (b) Performing the obligations of the landlord under law and under the

4-2  rental agreement.

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

4-4  service of process upon the manager of the property shall be deemed to be

4-5  service upon the landlord. The obligations of the landlord devolve upon the

4-6  persons authorized to enter into a rental agreement on his behalf.

4-7    5.  This section does not limit or remove the liability of an undisclosed

4-8  landlord.

4-9    Sec. 5.  NRS 118B.040 is hereby amended to read as follows:

4-10    118B.040  1.  A rental agreement or lease between a landlord and

4-11  tenant to rent or lease any mobile home lot must be in writing. The

4-12  landlord shall give the tenant a copy of the agreement or lease at the time

4-13  the tenant signs it.

4-14    2.  A rental agreement or lease must contain , but is not limited to ,

4-15  provisions relating to:

4-16    (a) The duration of the agreement.

4-17    (b) The amount of rent, the manner and time of its payment and the

4-18  amount of any charges for late payment and dishonored checks.

4-19    (c) Restrictions on occupancy by children or pets.

4-20    (d) Services and utilities included with the rental of a lot and the

4-21  responsibility of maintaining or paying for them, including the charge, if

4-22  any, for cleaning the lots.

4-23    (e) Deposits which may be required and the conditions for their refund.

4-24    (f) Maintenance which the tenant is required to perform and any

4-25  appurtenances he is required to provide.

4-26    (g) The name and address of the owner of the mobile home park and his

4-27  authorized agent.

4-28    (h) Any restrictions on subletting.

4-29    (i) Any recreational facilities and other amenities provided to the tenant

4-30  and any deposits or fees required for their use.

4-31    (j) Any restriction of the park to older persons pursuant to federal law.

4-32    (k) The dimensions of the mobile home lot of the tenant.

4-33    (l) A summary of the provisions of NRS 202.470.

4-34    (m) The amount to be charged each month to the tenant to reimburse the

4-35  landlord for the cost of a capital improvement to the mobile home park.

4-36  Such an amount must be stated separately and include the length of time

4-37  the charge will be collected and the total amount to be recovered by the

4-38  landlord from all tenants in the mobile home park.

4-39    Sec. 6.  NRS 432A.190 is hereby amended to read as follows:

4-40    432A.190  1.  The bureau may deny an application for a license or

4-41  may suspend or revoke any license issued under the provisions of this

4-42  chapter upon any of the following grounds:

4-43    [1.] (a) Violation by the applicant or licensee or an employee of the

4-44  applicant or licensee of any of the provisions of this chapter or of any other

4-45  law of this state or of the standards and other regulations adopted

4-46  thereunder.

4-47    [2.] (b) Aiding, abetting or permitting the commission of any illegal

4-48  act.

5-1    [3.] (c) Conduct inimical to the public health, morals, welfare and

5-2  safety of the people of the State of Nevada in the maintenance and

5-3  operation of the child care facility for which a license is issued.

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

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

5-6  outdoor youth program.

5-7    [5.] (e) Conviction of any crime listed in subsection 2 of NRS

5-8  432A.170 committed by the applicant or licensee or an employee of the

5-9  applicant or licensee, or by a resident of the child care facility or

5-10  participant in the outdoor youth program who is 18 years of age or older.

5-11    2.  In addition to the provisions of subsection 1, the bureau may

5-12  revoke a license to operate a child care facility if, with respect to that

5-13  facility, the licensee that operates the facility, or an agent or employee of

5-14  the licensee:

5-15    (a) Is convicted of violating any of the provisions of NRS 202.470;

5-16    (b) Is ordered to but fails to abate a nuisance pursuant to NRS

5-17  244.360, 244.3603 or 268.4124; or

5-18    (c) Is ordered by the appropriate governmental agency to correct a

5-19  violation of a building, safety or health code or regulation but fails to

5-20  correct the violation.

5-21  Sec. 7.  NRS 645.633 is hereby amended to read as follows:

5-22  645.633  1.  The commission may take action pursuant to NRS

5-23  645.630 against any person subject to that section who is guilty of:

5-24  [1.] (a) Willfully using any trade name, service mark or insigne of

5-25  membership in any real estate organization of which the licensee is not a

5-26  member, without the legal right to do so.

5-27  [2.] (b) Violating any order of the commission, any agreement with the

5-28  division, any of the provisions of this chapter, chapter 116, 119, 119A,

5-29  119B, 645A or 645C of NRS or any regulation adopted thereunder.

5-30  [3.] (c) Paying a commission, compensation or a finder’s fee to any

5-31  person for performing the services of a broker, broker-salesman or

5-32  salesman who has not secured his license pursuant to this chapter. This

5-33  subsection does not apply to payments to a broker who is licensed in his

5-34  state of residence.

5-35  [4.] (d) A felony, or has entered a plea of guilty, guilty but mentally ill

5-36  or nolo contendere to a charge of felony or any crime involving fraud,

5-37  deceit, misrepresentation or moral turpitude.

5-38  [5.] (e) Guaranteeing, or having authorized or permitted any person to

5-39  guarantee, future profits which may result from the resale of real property.

5-40  [6.] (f) Failure to include a fixed date of expiration in any written

5-41  brokerage agreement or to leave a copy of the brokerage agreement with

5-42  the client.

5-43  [7.] (g) Accepting, giving or charging any undisclosed commission,

5-44  rebate or direct profit on expenditures made for a client.

5-45  [8.] (h) Gross negligence or incompetence in performing any act for

5-46  which he is required to hold a license pursuant to this chapter, chapter 119,

5-47  119A or 119B of NRS.

5-48  [9.] (i) Any other conduct which constitutes deceitful, fraudulent or

5-49  dishonest dealing.

6-1    [10.] (j) Any conduct which took place before he became licensed,

6-2  which was in fact unknown to the division and which would have been

6-3  grounds for denial of a license had the division been aware of the conduct.

6-4    [11.] (k) Knowingly permitting any person whose license has been

6-5  revoked or suspended to act as a real estate broker, broker-salesman or

6-6  salesman, with or on behalf of the licensee.

6-7    [12.] (l) Recording or causing to be recorded a claim pursuant to the

6-8  provisions of NRS 645.8701 to 645.8811, inclusive, that is determined by a

6-9  district court to be frivolous and made without reasonable cause pursuant

6-10  to NRS 645.8791.

6-11  2.  [Action may also be taken] The commission may take action

6-12  pursuant to NRS 645.630 against a person who is subject to that section for

6-13  the suspension or revocation of a real estate broker’s, broker-salesman’s or

6-14  salesman’s license issued to him by any other jurisdiction.

6-15  3.  The commission may take action pursuant to NRS 645.630 against

6-16  any person holding a permit to engage in property management issued

6-17  pursuant to NRS 645.6052 who:

6-18  (a) Is convicted of violating any of the provisions of NRS 202.470.

6-19  (b) Is ordered to but fails to abate a nuisance pursuant to NRS

6-20  244.360, 244.3603 or 268.4124.

6-21  (c) Is ordered by the appropriate governmental agency to correct a

6-22  violation of a building, safety or health code or regulation but fails to

6-23  correct the violation.

6-24    Sec. 8.  This act becomes effective on July 1, 2001.

 

6-25  H