(REPRINTED WITH ADOPTED AMENDMENTS)

                                                                                 SECOND REPRINT   A.B. 444

 

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.

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

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 certain additional information; 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; requiring certain governmental agencies to maintain a log of certain complaints and to submit certain reports to the director of the legislative counsel bureau; 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.


2-1    [5.] (e) Failure of the applicant to obtain any written approval required

2-2  by NRS 439A.100 or an ordinance adopted pursuant to section 1 of Senate

2-3  Bill No. 328 of this [act] session or as provided in any regulation adopted

2-4  pursuant to this chapter, if such approval is required.

2-5    2.  In addition to the provisions of subsection 1, the health division

2-6  may revoke a license to operate a facility for the dependent if, with

2-7  respect to that facility, the licensee that operates the facility, or an agent

2-8  or employee of the licensee:

2-9    (a) Is convicted of violating any of the provisions of NRS 202.470;

2-10  (b) Is ordered to but fails to abate a nuisance pursuant to NRS

2-11  244.360, 244.3603 or 268.4124; or

2-12  (c) Is ordered by the appropriate governmental agency to correct a

2-13  violation of a building, safety or health code or regulation but fails to

2-14  correct the violation.

2-15  3.  The health division shall maintain a log of any complaints that it

2-16  receives relating to activities for which the health division may revoke the

2-17  license to operate a facility for the dependent pursuant to subsection 2.

2-18  4.  On or before February 1 of each odd-numbered year, the health

2-19  division shall submit to the director of the legislative counsel bureau a

2-20  written report setting forth, for the previous biennium:

2-21  (a) Any complaints included in the log maintained by the health

2-22  division pursuant to subsection 3; and

2-23  (b) Any disciplinary actions taken by the health division pursuant to

2-24  subsection 2.

2-25    Sec. 2.  NRS 458.155 is hereby amended to read as follows:

2-26    458.155  1.  If a halfway house for alcohol and drug abusers violates

2-27  any provisions related to its certification, including, without limitation, any

2-28  law of this state or any applicable condition, standard or regulation adopted

2-29  by the board, the health division may:

2-30    (a) Suspend or revoke its certification; and

2-31    (b) Impose an administrative fine of not more than $1,000 per day for

2-32  each violation, together with interest thereon at a rate not to exceed 10

2-33  percent per annum.

2-34    2.  In addition to the provisions of subsection 1, the health division

2-35  may revoke the certification of a halfway house for alcohol and drug

2-36  abusers if, with respect to that halfway house, the person or

2-37  governmental entity that operates and maintains the halfway house, or

2-38  an agent or employee of the person or governmental entity:

2-39    (a) Is convicted of violating any of the provisions of NRS 202.470;

2-40    (b) Is ordered to but fails to abate a nuisance pursuant to NRS

2-41  244.360, 244.3603 or 268.4124; or

2-42    (c) Is ordered by the appropriate governmental agency to correct a

2-43  violation of a building, safety or health code or regulation but fails to

2-44  correct the violation.

2-45    3.  If a halfway house for alcohol and drug abusers fails to pay an

2-46  administrative fine imposed pursuant to subsection 1, the health division

2-47  may:

2-48    (a) Suspend the certificate of the halfway house until the administrative

2-49  fine is paid; and


3-1    (b) Collect court costs, reasonable attorney’s fees and other costs

3-2  incurred to collect the administrative fine.

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

3-4  deposited in the state general fund. If money is needed to pay the costs of

3-5  an investigation or inspection to carry out the provisions of NRS 458.141

3-6  to 458.171, inclusive, the health division may present a claim to the state

3-7  board of examiners for recommendation to the interim finance committee.

3-8    5.  The health division shall maintain a log of any complaints that it

3-9  receives relating to activities for which the health division may revoke the

3-10  certification of a halfway house for alcohol and drug abusers pursuant to

3-11  subsection 2.

3-12  6.  On or before February 1 of each odd-numbered year, the health

3-13  division shall submit to the director of the legislative counsel bureau a

3-14  written report setting forth, for the previous biennium:

3-15  (a) Any complaints included in the log maintained by the health

3-16  division pursuant to subsection 5; and

3-17  (b) Any disciplinary actions taken by the health division pursuant to

3-18  subsection 2.

3-19    Sec. 3.  NRS 118A.200 is hereby amended to read as follows:

3-20    118A.200  1.  Any written agreement for the use and occupancy of a

3-21  dwelling unit or premises [shall] must be signed by the landlord or his

3-22  agent and the tenant or his agent.

3-23    2.  Any written rental agreement [shall] must contain , but is not

3-24  limited to , provisions relating to the following subjects:

3-25    (a) Duration of the agreement.

3-26    (b) Amount of rent and the manner and time of its payment.

3-27    (c) Occupancy by children or pets.

3-28    (d) Services included with the dwelling rental.

3-29    (e) Fees which are required and the purposes for which they are

3-30  required.

3-31    (f) Deposits which are required and the conditions for their refund.

3-32    (g) Charges which may be required for late or partial payment of rent or

3-33  for return of any dishonored check.

3-34    (h) Inspection rights of the landlord.

3-35    (i) A listing of persons or numbers of persons who are to occupy the

3-36  dwelling.

3-37    (j) Respective responsibilities of the landlord and the tenant as to the

3-38  payment of utility charges.

3-39    (k) A signed record of the inventory and condition of the premises

3-40  under the exclusive custody and control of the tenant.

3-41  (l) A summary of the provisions of NRS 202.470.

3-42  (m) Information regarding the procedure pursuant to which a tenant

3-43  may report to the appropriate authorities:

3-44      (1) A nuisance.

3-45      (2) A violation of a building, safety or health code or regulation.

3-46    3.  The absence of a written agreement raises a disputable presumption

3-47  that:

3-48    (a) There are no restrictions on occupancy by children or pets.


4-1    (b) Maintenance and waste removal services are provided without

4-2  charge to the tenant.

4-3    (c) No charges for partial or late payments of rent or for dishonored

4-4  checks are paid by the tenant.

4-5    (d) Other than normal wear, the premises will be returned in the same

4-6  condition as when the tenancy began.

4-7    4.  It is unlawful for a landlord or any person authorized to enter into a

4-8  rental agreement on his behalf to use any written agreement which does not

4-9  conform to the provisions of this section , and any provision in an

4-10  agreement which contravenes the provisions of this section is void.

4-11    Sec. 4.  NRS 118A.260 is hereby amended to read as follows:

4-12    118A.260  1.  The landlord, or any person authorized to enter into a

4-13  rental agreement on his behalf, shall disclose to the tenant in writing at or

4-14  before the commencement of the tenancy:

4-15    (a) The name and address of:

4-16      (1) The persons authorized to manage the premises;

4-17      (2) A person authorized to act for and on behalf of the landlord for

4-18  the purpose of service of process and receiving notices and demands; and

4-19      (3) The principal or corporate owner.

4-20    (b) A telephone number at which a responsible person who resides in

4-21  the county in which the premises are located may be called in case of

4-22  emergency.

4-23    2.  The information required to be furnished by this section must be

4-24  kept current , and this section is enforceable against any successor landlord

4-25  or manager of the premises.

4-26    3.  A party who enters into a rental agreement on behalf of the landlord

4-27  and fails to comply with this section is an agent of the landlord for

4-28  purposes of:

4-29    (a) Service of process and receiving notices and demands; and

4-30    (b) Performing the obligations of the landlord under law and under the

4-31  rental agreement.

4-32    4.  In any action against a landlord which involves his rental property,

4-33  service of process upon the manager of the property shall be deemed to be

4-34  service upon the landlord. The obligations of the landlord devolve upon the

4-35  persons authorized to enter into a rental agreement on his behalf.

4-36    5.  This section does not limit or remove the liability of an undisclosed

4-37  landlord.

4-38    Sec. 5.  NRS 118B.040 is hereby amended to read as follows:

4-39    118B.040  1.  A rental agreement or lease between a landlord and

4-40  tenant to rent or lease any mobile home lot must be in writing. The

4-41  landlord shall give the tenant a copy of the agreement or lease at the time

4-42  the tenant signs it.

4-43    2.  A rental agreement or lease must contain , but is not limited to ,

4-44  provisions relating to:

4-45    (a) The duration of the agreement.

4-46    (b) The amount of rent, the manner and time of its payment and the

4-47  amount of any charges for late payment and dishonored checks.

4-48    (c) Restrictions on occupancy by children or pets.


5-1    (d) Services and utilities included with the rental of a lot and the

5-2  responsibility of maintaining or paying for them, including the charge, if

5-3  any, for cleaning the lots.

5-4    (e) Deposits which may be required and the conditions for their refund.

5-5    (f) Maintenance which the tenant is required to perform and any

5-6  appurtenances he is required to provide.

5-7    (g) The name and address of the owner of the mobile home park and his

5-8  authorized agent.

5-9    (h) Any restrictions on subletting.

5-10    (i) Any recreational facilities and other amenities provided to the tenant

5-11  and any deposits or fees required for their use.

5-12    (j) Any restriction of the park to older persons pursuant to federal law.

5-13    (k) The dimensions of the mobile home lot of the tenant.

5-14    (l) A summary of the provisions of NRS 202.470.

5-15  (m) Information regarding the procedure pursuant to which a tenant

5-16  may report to the appropriate authorities:

5-17      (1) A nuisance.

5-18      (2) A violation of a building, safety or health code or regulation.

5-19  (n) The amount to be charged each month to the tenant to reimburse the

5-20  landlord for the cost of a capital improvement to the mobile home park.

5-21  Such an amount must be stated separately and include the length of time

5-22  the charge will be collected and the total amount to be recovered by the

5-23  landlord from all tenants in the mobile home park.

5-24    Sec. 6.  NRS 432A.190 is hereby amended to read as follows:

5-25    432A.190  1.  The bureau may deny an application for a license or

5-26  may suspend or revoke any license issued under the provisions of this

5-27  chapter upon any of the following grounds:

5-28    [1.] (a) Violation by the applicant or licensee or an employee of the

5-29  applicant or licensee of any of the provisions of this chapter or of any other

5-30  law of this state or of the standards and other regulations adopted

5-31  thereunder.

5-32    [2.] (b) Aiding, abetting or permitting the commission of any illegal

5-33  act.

5-34    [3.] (c) Conduct inimical to the public health, morals, welfare and

5-35  safety of the people of the State of Nevada in the maintenance and

5-36  operation of the child care facility for which a license is issued.

5-37    [4.] (d) Conduct or practice detrimental to the health or safety of the

5-38  occupants or employees of the child care facility, or the clients of the

5-39  outdoor youth program.

5-40    [5.] (e) Conviction of any crime listed in subsection 2 of NRS

5-41  432A.170 committed by the applicant or licensee or an employee of the

5-42  applicant or licensee, or by a resident of the child care facility or

5-43  participant in the outdoor youth program who is 18 years of age or older.

5-44    2.  In addition to the provisions of subsection 1, the bureau may

5-45  revoke a license to operate a child care facility if, with respect to that

5-46  facility, the licensee that operates the facility, or an agent or employee of

5-47  the licensee:

5-48    (a) Is convicted of violating any of the provisions of NRS 202.470;


6-1    (b) Is ordered to but fails to abate a nuisance pursuant to NRS

6-2  244.360, 244.3603 or 268.4124; or

6-3    (c) Is ordered by the appropriate governmental agency to correct a

6-4  violation of a building, safety or health code or regulation but fails to

6-5  correct the violation.

6-6    3.  The bureau shall maintain a log of any complaints that it receives

6-7  relating to activities for which the bureau may revoke the license to

6-8  operate a child care facility pursuant to subsection 2.

6-9    4.  On or before February 1 of each odd-numbered year, the bureau

6-10  shall submit to the director of the legislative counsel bureau a written

6-11  report setting forth, for the previous biennium:

6-12  (a) Any complaints included in the log maintained by the bureau

6-13  pursuant to subsection 3; and

6-14  (b) Any disciplinary actions taken by the bureau pursuant to

6-15  subsection 2.

6-16  Sec. 7.  NRS 645.633 is hereby amended to read as follows:

6-17  645.633  1.  The commission may take action pursuant to NRS

6-18  645.630 against any person subject to that section who is guilty of:

6-19  [1.] (a) Willfully using any trade name, service mark or insigne of

6-20  membership in any real estate organization of which the licensee is not a

6-21  member, without the legal right to do so.

6-22  [2.] (b) Violating any order of the commission, any agreement with the

6-23  division, any of the provisions of this chapter, chapter 116, 119, 119A,

6-24  119B, 645A or 645C of NRS or any regulation adopted thereunder.

6-25  [3.] (c) Paying a commission, compensation or a finder’s fee to any

6-26  person for performing the services of a broker, broker-salesman or

6-27  salesman who has not secured his license pursuant to this chapter. This

6-28  subsection does not apply to payments to a broker who is licensed in his

6-29  state of residence.

6-30  [4.] (d) A felony, or has entered a plea of guilty, guilty but mentally ill

6-31  or nolo contendere to a charge of felony or any crime involving fraud,

6-32  deceit, misrepresentation or moral turpitude.

6-33  [5.] (e) Guaranteeing, or having authorized or permitted any person to

6-34  guarantee, future profits which may result from the resale of real property.

6-35  [6.] (f) Failure to include a fixed date of expiration in any written

6-36  brokerage agreement or to leave a copy of the brokerage agreement with

6-37  the client.

6-38  [7.] (g) Accepting, giving or charging any undisclosed commission,

6-39  rebate or direct profit on expenditures made for a client.

6-40  [8.] (h) Gross negligence or incompetence in performing any act for

6-41  which he is required to hold a license pursuant to this chapter, chapter 119,

6-42  119A or 119B of NRS.

6-43  [9.] (i) Any other conduct which constitutes deceitful, fraudulent or

6-44  dishonest dealing.

6-45  [10.] (j) Any conduct which took place before he became licensed,

6-46  which was in fact unknown to the division and which would have been

6-47  grounds for denial of a license had the division been aware of the conduct.


7-1    [11.] (k) Knowingly permitting any person whose license has been

7-2  revoked or suspended to act as a real estate broker, broker-salesman or

7-3  salesman, with or on behalf of the licensee.

7-4    [12.] (l) Recording or causing to be recorded a claim pursuant to the

7-5  provisions of NRS 645.8701 to 645.8811, inclusive, that is determined by a

7-6  district court to be frivolous and made without reasonable cause pursuant

7-7  to NRS 645.8791.

7-8    2.  [Action may also be taken] The commission may take action

7-9  pursuant to NRS 645.630 against a person who is subject to that section for

7-10  the suspension or revocation of a real estate broker’s, broker-salesman’s or

7-11  salesman’s license issued to him by any other jurisdiction.

7-12  3.  The commission may take action pursuant to NRS 645.630 against

7-13  any person who:

7-14  (a) Holds a permit to engage in property management issued pursuant

7-15  to NRS 645.6052; and

7-16  (b) In connection with any property for which the person has obtained

7-17  a written brokerage agreement to manage the property pursuant to NRS

7-18  645.6056:

7-19      (1) Is convicted of violating any of the provisions of NRS 202.470;

7-20      (2) Has been notified in writing by the appropriate governmental

7-21  agency of a potential violation of NRS 244.360, 244.3603 or 268.4124,

7-22  and has failed to inform the owner of the property of such notification;

7-23  or

7-24      (3) Has been directed in writing by the owner of the property to

7-25  correct a potential violation of NRS 244.360, 244.3603 or 268.4124, and

7-26  has failed to correct the potential violation, if such corrective action is

7-27  within the scope of the person’s duties pursuant to the written brokerage

7-28  agreement.

7-29  4.  The commission shall maintain a log of any complaints that it

7-30  receives relating to activities for which the commission may take action

7-31  against a person holding a permit to engage in property management

7-32  pursuant to subsection 3.

7-33  5.  On or before February 1 of each odd-numbered year, the

7-34  commission shall submit to the director of the legislative counsel bureau

7-35  a written report setting forth, for the previous biennium:

7-36  (a) Any complaints included in the log maintained by the commission

7-37  pursuant to subsection 4; and

7-38  (b) Any disciplinary actions taken by the commission pursuant to

7-39  subsection 3.

7-40  Sec. 8.  1.  This section and sections 2 to 7, inclusive, of this act

7-41  become effective on July 1, 2001.

7-42  2.  Section 1 of this act becomes effective at 12:01 a.m. on

7-43  July 1, 2001.

 

7-44  H