A.B. 619
Assembly Bill No. 619–Committee on Commerce and Labor
March 26, 2001
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises certain provisions relating to mobile home parks. (BDR 10‑1090)
FISCAL NOTE: Effect on Local Government: No.
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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).
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 the provisions set forth as sections 2, 3 and 4 of this act.
1-3 Sec. 2. “Unlawful occupant” means a person described in
1-4 subsection 5 of section 3 of this act.
1-5 Sec. 3. 1. The landlord of a mobile home park may require that a
1-6 person submit a written application to and receive written consent from
1-7 the landlord before the person:
1-8 (a) Occupies a mobile home or recreational vehicle in the mobile
1-9 home park; or
1-10 (b) Moves or causes to be moved a mobile home or recreational
1-11 vehicle into the mobile home park.
1-12 2. In addition to the provisions of subsection 1, if a person who
1-13 intends to occupy a mobile home or recreational vehicle in a mobile
1-14 home park is not the owner of the mobile home or recreational vehicle,
2-1 the landlord of the mobile home park may require that the person receive
2-2 written consent from the owner of the mobile home or recreational
2-3 vehicle before the person occupies that mobile home or recreational
2-4 vehicle.
2-5 3. If the landlord of a mobile home park requires written consent
2-6 pursuant to subsection 1 or 2, the landlord shall post and maintain a sign
2-7 which is clearly readable at the entrance to the mobile home park which
2-8 advises the reader of the consent that is required before a person may:
2-9 (a) Occupy a mobile home or recreational vehicle in the mobile home
2-10 park; or
2-11 (b) Move or cause to be moved a mobile home or recreational vehicle
2-12 into the mobile home park.
2-13 4. If the landlord of a mobile home park requires written consent
2-14 pursuant to subsection 1, the landlord may deny an application submitted
2-15 pursuant to that subsection on one or more of the following grounds:
2-16 (a) The application is to move or cause to be moved a mobile home or
2-17 recreational vehicle into the mobile home park and the applicant does
2-18 not hold title to the mobile home or recreational vehicle on the date of
2-19 application or will not hold title to the mobile home or recreational
2-20 vehicle on the date that the mobile home or recreational vehicle is moved
2-21 into the mobile home park.
2-22 (b) The landlord requires the approval of prospective buyers and
2-23 tenants pursuant to NRS 118B.170 and the applicant is a prospective
2-24 buyer or tenant to whom the landlord has not granted such approval.
2-25 (c) The condition of the mobile home or recreational vehicle that the
2-26 applicant proposes to occupy or move into the mobile home park is such
2-27 that the mobile home or recreational vehicle would be subject to removal
2-28 from the mobile home park pursuant to subsection 2 of NRS 118B.170.
2-29 (d) The applicant proposes to occupy a mobile home or recreational
2-30 vehicle in the mobile home park pursuant to the sublease or assignment
2-31 of a mobile home lot, and the rental agreement used by the landlord for
2-32 renting lots in the mobile home park specifies that such a sublease or
2-33 assignment is prohibited.
2-34 (e) The applicant is unable or unwilling to comply with any other
2-35 rules and regulations which the landlord has adopted and set forth in the
2-36 rental agreement used by the landlord for renting mobile home lots in the
2-37 mobile home park.
2-38 5. A person is an unlawful occupant if that person, with the intent to
2-39 reside in a mobile home park:
2-40 (a) Occupies a mobile home or recreational vehicle in the mobile
2-41 home park for a period of 1 day or more without the written consent of
2-42 the landlord, if the landlord requires such consent pursuant to paragraph
2-43 (a) of subsection 1;
2-44 (b) Moves or causes to be moved a mobile home or recreational
2-45 vehicle into the mobile home park without the written consent of the
2-46 landlord, if the landlord requires such consent pursuant to paragraph (b)
2-47 of subsection 1; or
2-48 (c) Occupies a mobile home or recreational vehicle in the mobile
2-49 home park for a period of 1 day or more without the written consent of
3-1 the owner of the mobile home, if the landlord requires such consent
3-2 pursuant to subsection 2.
3-3 6. If an unlawful occupant is occupying a mobile home or
3-4 recreational vehicle in a mobile home park, the landlord of that mobile
3-5 home park may:
3-6 (a) After providing at least 5 days’ written notice to the unlawful
3-7 occupant, bring an action for an unlawful detainer in the manner
3-8 prescribed in chapter 40 of NRS; or
3-9 (b) Require the unlawful occupant to sign a rental agreement. If the
3-10 unlawful occupant refuses to sign the rental agreement within 5 days
3-11 after such a request, the landlord may, after providing at least 5 days’
3-12 written notice to the unlawful occupant, bring an action for an unlawful
3-13 detainer in the manner provided in chapter 40 of NRS.
3-14 7. For the purposes of NRS 40.251, an unlawful occupant shall be
3-15 deemed a tenant at will and a lessee of the mobile home park.
3-16 Sec. 4. 1. The landlord of a mobile home park shall post in a
3-17 conspicuous and readily accessible place in the community or
3-18 recreational facility in the mobile home park, at or near the entrance of
3-19 the mobile home park or other common area in the mobile home park, a
3-20 current report on the quality of the water that is supplied to the mobile
3-21 home park.
3-22 2. The report must be obtained from:
3-23 (a) The health division of the department of human resources;
3-24 (b) The health authority, as that term is defined in NRS 445A.820; or
3-25 (c) The supplier of water, as that term is defined in NRS 445A.845.
3-26 3. The landlord shall post the report at least once each year and at
3-27 such other times as one of the entities described in subsection 2 may
3-28 provide an updated report to the landlord.
3-29 Sec. 5. NRS 118B.010 is hereby amended to read as follows:
3-30 118B.010 As used in this chapter, unless the context otherwise
3-31 requires, the words and terms defined in NRS 118B.011 to 118B.0195,
3-32 inclusive, and section 2 of this act have the meanings ascribed to them in
3-33 those sections.
3-34 Sec. 6. NRS 118B.0185 is hereby amended to read as follows:
3-35 118B.0185 “Tenant” means the owner of a mobile home which is
3-36 located on a mobile home lot in a mobile home park. The term does not
3-37 include an unlawful occupant.
3-38 Sec. 7. NRS 118B.100 is hereby amended to read as follows:
3-39 118B.100 1. The landlord may adopt rules or regulations concerning
3-40 the tenant’s use and occupancy of the mobile home lot and the grounds,
3-41 areas and facilities of the mobile home park held out for the use of tenants
3-42 generally.
3-43 2. All such rules or regulations must be:
3-44 (a) Reasonably related to the purpose for which they are adopted;
3-45 (b) Sufficiently explicit in their prohibition, direction or limitation to
3-46 inform the tenant of what he must do or not do for compliance;
3-47 (c) Adopted in good faith and not for the purpose of evading any
3-48 obligation of the landlord arising under the law;
4-1 (d) Consistent with the provisions of this chapter and a general plan of
4-2 operation, construction or improvement, and must not arbitrarily restrict
4-3 conduct or require any capital improvement by the tenant which is not
4-4 specified in the rental agreement or unreasonably require a change in any
4-5 capital improvement made by the tenant and previously approved by the
4-6 landlord unless the landlord can show that it is in the best interest of the
4-7 other tenants; and
4-8 (e) Uniformly enforced against all tenants in the park, including the
4-9 managers. Any rule or regulation which is not so uniformly enforced may
4-10 not be enforced against any tenant.
4-11 3. No rule or regulation may be used to impose any additional charge
4-12 for occupancy of a mobile home lot or modify the terms of a rental
4-13 agreement.
4-14 4. Except as otherwise provided in subsection 5, a rule or regulation is
4-15 enforceable against the tenant only if he has notice of it at the time he
4-16 enters into the rental agreement. A rule or regulation adopted or amended
4-17 after the tenant enters into the rental agreement is not enforceable unless
4-18 the tenant consents to it in writing or is given 60 days’ notice of it in
4-19 writing. The landlord may not adopt or amend a rule or regulation of the
4-20 park unless a meeting of the tenants is held to discuss the proposal and the
4-21 landlord provides each tenant with notice of the proposal and the date, time
4-22 and place of the meeting not less than 60 days before the meeting. The
4-23 notice must include a copy of the proposed adoption or amendment of the
4-24 rule or regulation. A notice in a periodic publication of the park does not
4-25 constitute notice for the purposes of this subsection.
4-26 5. A rule or regulation pertaining to recreational facilities in the mobile
4-27 home park must be in writing to be enforceable.
4-28 6. The landlord of a mobile home park may adopt rules or
4-29 regulations which limit the number of occupants of a mobile home that is
4-30 located within the mobile home park based upon considerations of safety
4-31 and the capacity of infrastructure and utility services pertinent to the
4-32 mobile home park or the mobile homes within that mobile home park.
4-33 Unless those considerations require otherwise, the landlord may establish
4-34 a general limitation of two persons per bedroom and one infant per
4-35 mobile home.
4-36 7. As used in this section, “capital improvement” means an addition or
4-37 betterment made to a mobile home located on a lot in a mobile home park
4-38 which is leased by the landlord that:
4-39 (a) Consists of more than the repair or replacement of an existing
4-40 facility;
4-41 (b) Is required by federal law to be amortized over its useful life for the
4-42 purposes of income tax; and
4-43 (c) Has a useful life of 5 years or more.
4-44 Sec. 8. NRS 118B.150 is hereby amended to read as follows:
4-45 118B.150 The landlord or his agent or employee shall not:
4-46 1. Increase rent or additional charges unless:
4-47 (a) The rent charged after the increase is the same rent charged for
4-48 mobile homes of the same size or lots of the same size or of a similar
4-49 location within the park, including, without limitation, mobile homes and
5-1 lots which are held pursuant to a long-term lease, except that a discount
5-2 may be selectively given to persons who:
5-3 (1) Are handicapped;
5-4 (2) Are 55 years of age or older;
5-5 (3) Are long-term tenants of the park if the landlord has specified in
5-6 the rental agreement or lease the period of tenancy required to qualify for
5-7 such a discount;
5-8 (4) Pay their rent in a timely manner; or
5-9 (5) Pay their rent by check, money order or electronic means;
5-10 (b) Any increase in additional charges for special services is the same
5-11 amount for each tenant using the special service; and
5-12 (c) Written notice advising a tenant of the increase is received by the
5-13 tenant 90 days before the first payment to be increased and written notice
5-14 of the increase is given to prospective tenants before commencement of
5-15 their tenancy. In addition to the notice provided to a tenant pursuant to this
5-16 paragraph, if the landlord or his agent or employee knows or reasonably
5-17 should know that the tenant receives assistance from the fund created
5-18 pursuant to NRS 118B.215, the landlord or his agent or employee shall
5-19 provide to the administrator written notice of the increase 90 days before
5-20 the first payment to be increased.
5-21 2. Require a tenant to pay for an improvement to the common area of a
5-22 mobile home park unless the landlord is required to make the improvement
5-23 pursuant to an ordinance of a local government.
5-24 3. Require a tenant to pay for a capital improvement to the mobile
5-25 home park unless the tenant has notice of the requirement at the time he
5-26 enters into the rental agreement. A tenant may not be required to pay for a
5-27 capital improvement after the tenant enters into the rental agreement unless
5-28 the tenant consents to it in writing or is given 60 days’ notice of the
5-29 requirement in writing. The landlord may not establish such a requirement
5-30 unless a meeting of the tenants is held to discuss the proposal and the
5-31 landlord provides each tenant with notice of the proposal and the date, time
5-32 and place of the meeting not less than 60 days before the meeting. The
5-33 notice must include a copy of the proposal. A notice in a periodic
5-34 publication of the park does not constitute notice for the purposes of this
5-35 subsection.
5-36 4. Require a tenant to pay his rent by check or money order.
5-37 5. Require a tenant who pays his rent in cash to apply any change to
5-38 which he is entitled to the next periodic payment that is due. The landlord
5-39 or his agent or employee shall have an adequate amount of money
5-40 available to provide change to such a tenant.
5-41 6. Prohibit or require fees or deposits for any meetings held in the
5-42 park’s community or recreational facility by the tenants or occupants of
5-43 any mobile home or recreational vehicle in the park to discuss the park’s
5-44 affairs, or any political or social meeting sponsored by a tenant, if the
5-45 meetings are held at reasonable hours and when the facility is not otherwise
5-46 in use, or prohibit the distribution of notices of those meetings.
5-47 7. Interrupt, with the intent to terminate occupancy, any utility service
5-48 furnished the tenant except for nonpayment of utility charges when due.
6-1 Any landlord who violates this subsection is liable to the tenant for actual
6-2 damages.
6-3 8. Prohibit a tenant from having guests, but he may require the tenant
6-4 to register the guest within 48 hours after his arrival, Sundays and legal
6-5 holidays excluded, and if the park is a secured park, a guest may be
6-6 required to register upon entering and leaving.
6-7 9. Charge a fee for a guest who does not stay with the tenant for more
6-8 than a total of 60 days in a calendar year. The tenant of a mobile home lot
6-9 who is living alone may allow one other person to live in his home without
6-10 paying an additional charge or fee, unless such a living arrangement
6-11 constitutes a violation of chapter 315 of NRS. No agreement between a
6-12 tenant and his guest alters or varies the terms of the rental contract between
6-13 the tenant and the landlord, and the guest is subject to the rules and
6-14 regulations of the landlord.
6-15 10. Prohibit a tenant from erecting a fence along the perimeter of the
6-16 tenant’s lot if the fence complies with any standards for fences established
6-17 by the landlord, including limitations established for the height of fences,
6-18 the materials used for fences and the manner in which fences are to be
6-19 constructed.
6-20 11. Prohibit any tenant from soliciting membership in any association
6-21 which is formed by the tenants who live in the park. As used in this
6-22 subsection, “solicit” means to make an oral or written request for
6-23 membership or the payment of dues or to distribute, circulate or post a
6-24 notice for payment of those dues.
6-25 12. Prohibit a public officer or candidate for public office from
6-26 walking through the park to talk with the tenants.
6-27 13. If a tenant has voluntarily assumed responsibility to trim the trees
6-28 on his lot, require the tenant to trim any particular tree located on the lot or
6-29 dispose of the trimmings unless a danger or hazard exists.
6-30 14. As used in this section, “long-term lease” means a rental
6-31 agreement or lease, the duration of which exceeds 12 months.
6-32 Sec. 9. NRS 118B.170 is hereby amended to read as follows:
6-33 118B.170 1. The landlord may require approval of a prospective
6-34 buyer and tenant before the sale of a tenant’s mobile home or recreational
6-35 vehicle, if the mobile home or vehicle will remain in the park. The landlord
6-36 shall consider the record, if any, of the prospective buyer and tenant
6-37 concerning the payment of rent. The landlord shall not unreasonably
6-38 withhold his consent.
6-39 2. If a tenant sells his mobile home or recreational vehicle, the landlord
6-40 may require that the mobile home or recreational vehicle be removed from
6-41 the park if it is deemed by the park’s written rules or regulations in the
6-42 possession of the tenants to be in a run-down condition or in disrepair or
6-43 does not meet the safety standards set forth in NRS 461A.120. If the
6-44 mobile home must be inspected to determine compliance with the
6-45 standards, the person requesting the inspection shall pay for it.
6-46 3. If the landlord requires the approval of a prospective buyer and
6-47 tenant, he shall post and maintain a sign which is clearly readable at the
6-48 entrance to the park which advises the reader that before a mobile home in
6-49 the park is sold, the prospective buyer must be approved by the landlord.
7-1 4. If the landlord requires the approval of a prospective buyer and
7-2 tenant of a mobile home or recreational vehicle and the mobile home or
7-3 recreational vehicle is sold without the approval of the landlord, the
7-4 landlord may:
7-5 (a) After providing at least [10] 5 days’ written notice to the buyer and
7-6 tenant, bring an action for an unlawful detainer in the manner prescribed in
7-7 chapter 40 of NRS; or
7-8 (b) Require the buyer and tenant to sign a rental agreement. If the buyer
7-9 and tenant refuse to sign the rental agreement within 5 days after such a
7-10 request, the landlord may, after providing at least [10] 5 days’ written
7-11 notice to the buyer and tenant, bring an action for an unlawful detainer in
7-12 the manner provided in chapter 40 of NRS.
7-13 5. For the purposes of NRS 40.251, a person who:
7-14 (a) Purchases a mobile home or recreational vehicle from a tenant of a
7-15 mobile home park which will remain in the park;
7-16 (b) Was required to be approved by the landlord of the mobile home
7-17 park before the sale of the mobile home or recreational vehicle; and
7-18 (c) Was not approved by the landlord before he purchased that mobile
7-19 home or recreational vehicle,
7-20 shall be deemed a tenant at will and a lessee of the mobile home park.
7-21 Sec. 10. NRS 118B.190 is hereby amended to read as follows:
7-22 118B.190 1. A written agreement between a landlord and tenant for
7-23 the rental or lease of a mobile home lot in a mobile home park in this state,
7-24 or for the rental or lease of a lot for a recreational vehicle in an area of a
7-25 mobile home park in this state other than an area designated as a
7-26 recreational vehicle lot pursuant to the provisions of subsection 6 of NRS
7-27 40.215, must not be terminated by the landlord except upon notice in
7-28 writing to the tenant served in the manner provided in NRS 40.280:
7-29 (a) Five days in advance if the termination is because [the] :
7-30 (1) The conduct of the tenant constitutes a nuisance as described in
7-31 subsection 6 of NRS 118B.200[.] ; or
7-32 (2) The mobile home or recreational vehicle is occupied by an
7-33 unlawful occupant.
7-34 (b) Ten days in advance if the termination is because of failure of the
7-35 tenant to pay rent, utility charges or reasonable service fees.
7-36 (c) One hundred eighty days in advance if the termination is because of
7-37 a change in the use of the land by the landlord pursuant to NRS 118B.180.
7-38 (d) Forty-five days in advance if the termination is for any other reason.
7-39 2. The landlord shall specify in the notice the reason for the
7-40 termination of the agreement. The reason relied upon for the termination
7-41 must be set forth with specific facts so that the date, place and
7-42 circumstances concerning the reason for the termination can be determined.
7-43 The termination must be in accordance with the provisions of NRS
7-44 118B.200 and reference alone to a provision of that section does not
7-45 constitute sufficient specificity pursuant to this subsection.
7-46 3. The service of such a notice does not enhance the landlord’s right, if
7-47 any, to enter the tenant’s mobile home. Except in an emergency, the
7-48 landlord shall not enter the mobile home of the tenant served with such a
7-49 notice without the tenant’s permission or a court order allowing the entry.
8-1 4. If a tenant remains in possession of the mobile home lot after
8-2 expiration of the term of the rental agreement, the tenancy is from week to
8-3 week in the case of a tenant who pays weekly rent, and in all other cases
8-4 the tenancy is from month to month. The tenant’s continued occupancy is
8-5 on the same terms and conditions as were contained in the rental agreement
8-6 unless specifically agreed otherwise in writing.
8-7 5. The landlord and tenant may agree to a specific date for termination
8-8 of the agreement. If any provision of this chapter specifies a period of
8-9 notice which is longer than the period of a particular tenancy, the required
8-10 length of the period of notice is controlling.
8-11 Sec. 11. NRS 40.251 is hereby amended to read as follows:
8-12 40.251 A tenant of real property, a recreational vehicle or a mobile
8-13 home for a term less than life is guilty of an unlawful detainer when having
8-14 leased:
8-15 1. Real property, except as otherwise provided in this section, or a
8-16 mobile home for an indefinite time, with monthly or other periodic rent
8-17 reserved, he continues in possession thereof, in person or by subtenant,
8-18 without the landlord’s consent after the expiration of a notice of:
8-19 (a) For tenancies from week to week, at least 7 days;
8-20 (b) For all other periodic tenancies, at least 30 days; or
8-21 (c) For tenancies at will, at least 5 days.
8-22 2. A dwelling unit subject to the provisions of chapter 118A of NRS,
8-23 he continues in possession, in person or by subtenant, without the
8-24 landlord’s consent after expiration of:
8-25 (a) The term of the rental agreement or its termination and, except as
8-26 otherwise provided in paragraph (b), the expiration of a notice of at least 7
8-27 days for tenancies from week to week and 30 days for all other periodic
8-28 tenancies; or
8-29 (b) A notice of at least 5 days where the tenant has failed to perform his
8-30 basic or contractual obligations under chapter 118A of NRS.
8-31 3. A mobile home lot subject to the provisions of chapter 118B of
8-32 NRS, or a lot for a recreational vehicle in an area of a mobile home park
8-33 other than an area designated as a recreational vehicle lot pursuant to the
8-34 provisions of subsection 6 of NRS 40.215, he continues in possession, in
8-35 person or by subtenant, without the landlord’s consent, after notice has
8-36 been given pursuant to NRS 118B.170 [or] , 118B.190 or section 3 of this
8-37 act and the period of the notice has expired.
8-38 4. A recreational vehicle lot, he continues in possession, in person or
8-39 by subtenant, without the landlord’s consent, after the expiration of a
8-40 notice of at least 5 days.
8-41 Sec. 12. Chapter 489 of NRS is hereby amended by adding thereto a
8-42 new section to read as follows:
8-43 1. A landlord or manager who:
8-44 (a) Is in compliance with or exempt from the requirements for
8-45 continuing education set forth in NRS 118B.086; and
8-46 (b) Purchases a mobile home that is sold to enforce a lien pursuant to
8-47 NRS 108.270 to 108.360, inclusive,
9-1 may resell the mobile home without being licensed as a dealer pursuant
9-2 to this chapter but in reselling the mobile home shall comply with all
9-3 other applicable provisions of this chapter which pertain to dealers.
9-4 2. As used in this section:
9-5 (a) “Landlord” has the meaning ascribed to it in NRS 118B.014.
9-6 (b) “Manager” has the meaning ascribed to it in NRS 118B.0145.
9-7 H