(REPRINTED WITH ADOPTED AMENDMENTS)
THIRD REPRINT 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 governing manufactured home parks. (BDR 10‑1090)
FISCAL NOTE: Effect on Local Government: 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).
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. “Corporate cooperative park” means a manufactured home
1-4 park owned by a nonprofit cooperative corporation formed pursuant to
1-5 chapter 81 of NRS that is wholly owned or controlled by the tenants of
1-6 the park.
1-7 Sec. 3. 1. The landlord of a manufactured home park may require
1-8 that a person submit a written application to and receive written consent
1-9 from the landlord before the person moves or causes to be moved a
2-1 manufactured home or recreational vehicle into the manufactured home
2-2 park. The landlord shall not unreasonably withhold his consent.
2-3 2. If the landlord of a manufactured home park requires written
2-4 consent pursuant to subsection 1, the landlord shall post and maintain a
2-5 sign that is clearly readable at the entrance to the manufactured home
2-6 park which advises the reader of the consent that is required before a
2-7 person may move or cause to be moved a manufactured home or
2-8 recreational vehicle into the manufactured home park.
2-9 3. If a person moves or causes to be moved a manufactured home or
2-10 recreational vehicle into the manufactured home park without the
2-11 written consent of the landlord, if the landlord requires such consent
2-12 pursuant to subsection 1, the landlord of that manufactured home park
2-13 may:
2-14 (a) After providing at least 5 days’ written notice to the person, bring
2-15 an action for an unlawful detainer in the manner prescribed in chapter
2-16 40 of NRS; or
2-17 (b) Require the person to sign a rental agreement. If the person
2-18 refuses to sign the rental agreement within 5 days after such a request,
2-19 the landlord may, after providing at least 5 days’ written notice to the
2-20 person, bring an action for an unlawful detainer in the manner provided
2-21 in chapter 40 of NRS.
2-22 4. For the purposes of NRS 40.251, a person who moves or causes to
2-23 be moved a manufactured home or recreational vehicle into a
2-24 manufactured home park without the written consent of the landlord, if
2-25 the landlord requires such consent pursuant to subsection 1, shall be
2-26 deemed a tenant at will and a lessee of the manufactured home park.
2-27 5. The provisions of this section do not apply to a corporate
2-28 cooperative park.
2-29 Sec. 4. 1. The landlord of a manufactured home park shall post in
2-30 a conspicuous and readily accessible place in the community or
2-31 recreational facility in the manufactured home park, at or near the
2-32 entrance of the manufactured home park or other common area in the
2-33 manufactured home park, a current report on the quality of the water
2-34 that is supplied to the manufactured home park.
2-35 2. Except as otherwise provided in subsection 3, the report must be
2-36 obtained from the community water system that is the supplier of water to
2-37 the manufactured home park. Except as otherwise provided in subsection
2-38 4, the landlord shall post the report at least once each year and at such
2-39 other times as the community water system may provide an updated
2-40 report to the landlord.
2-41 3. If a manufactured home park is not a community water system
2-42 and does not otherwise obtain water from a community water system, the
2-43 landlord of the manufactured home park shall annually cause the water
2-44 that is provided to the tenants of the manufactured home park to be
2-45 tested in accordance with the standards adopted pursuant to NRS
2-46 445A.855. The test must be performed by a laboratory certified by the
2-47 health division of the department of human resources pursuant to
2-48 NRS 445A.863.
3-1 4. Upon receipt of the results of a test performed pursuant to
3-2 subsection 3, the landlord shall prepare or cause to be prepared a report
3-3 on the quality of the water that is supplied to the tenants of the
3-4 manufactured home park. The report must be accurately based upon the
3-5 results of the test and prepared in accordance with the standards adopted
3-6 by the state board of health pursuant to NRS 445A.855 for similar
3-7 reports by community water systems. The landlord shall post a copy of
3-8 the most current report in accordance with subsection 1 and shall deliver
3-9 a copy of each such report to the health division of the department of
3-10 human resources or the health authority as that term is defined in
3-11 NRS 445A.820.
3-12 5. As used in this section, “community water system” has the
3-13 meaning ascribed to it in NRS 445A.808.
3-14 Sec. 5. NRS 118B.010 is hereby amended to read as follows:
3-15 118B.010 As used in this chapter, unless the context otherwise
3-16 requires, the words and terms defined in NRS 118B.011 to 118B.0195,
3-17 inclusive, and section 2 of this act have the meanings ascribed to them in
3-18 those sections.
3-19 Sec. 6. NRS 118B.060 is hereby amended to read as follows:
3-20 118B.060 1. Any payment, deposit, fee or other charge which is
3-21 required by the landlord in addition to periodic rent, utility charges or
3-22 service fees and is collected as prepaid rent or a sum to compensate for any
3-23 tenant default is a “deposit” governed by the provisions of this section.
3-24 2. The landlord shall maintain a separate record of the deposits.
3-25 3. Except as otherwise provided in subsection 4:
3-26 (a) All deposits are refundable, and upon termination of the tenancy, or
3-27 if the deposit is collected as a sum to compensate for a tenant default, not
3-28 more than 5 years after the landlord receives the deposit, the landlord may
3-29 claim from a deposit only such amounts as are reasonably necessary to
3-30 remedy tenant defaults in the payment of rent, utility charges or service
3-31 fees and to repair damage to the park caused by the tenant. The landlord
3-32 shall provide the tenant with an itemized written accounting of the
3-33 disposition of the deposit.
3-34 (b) Any refund must be sent to the tenant within 21 days after the
3-35 tenancy is terminated.
3-36 4. Each deposit collected as a sum to compensate for a tenant default
3-37 must be refunded to the tenant not more than 5 years after the landlord
3-38 receives the deposit or upon the termination of the tenancy, whichever is
3-39 earlier. The refund must include interest at the rate of 5 percent per year,
3-40 compounded annually, for the entire period during which the deposit was
3-41 held by the landlord.
3-42 5. Upon termination of the landlord’s interest in the manufactured
3-43 home park, the landlord shall transfer to his successor in interest that
3-44 portion of the deposit remaining after making any deductions allowed
3-45 pursuant to this section or refund that portion to the tenant.
3-46 6. If the former landlord fails to transfer that portion of the deposit
3-47 remaining to the successor in interest or refund it to the tenant at the time
3-48 the successor in interest takes possession, the successor becomes jointly
4-1 and severally liable with the former landlord for refunding to the tenant
4-2 that portion of the deposit to which he is entitled.
4-3 7. If the former landlord fails to transfer or refund the deposit, the
4-4 tenant may not be required to pay another deposit until the successor in
4-5 interest refunds the deposit to the tenant or provides him with an itemized
4-6 written accounting of the statutorily authorized disposition of the deposit.
4-7 8. The claim of the tenant to any deposit to which he is entitled by law
4-8 takes precedence over the claim of any creditor of the landlord.
4-9 9. The provisions of this section do not apply to a corporate
4-10 cooperative park.
4-11 Sec. 7. NRS 118B.110 is hereby amended to read as follows:
4-12 118B.110 1. The landlord shall meet with a representative group of
4-13 tenants occupying the park, chosen by the tenants, to hear any complaints
4-14 or suggestions which concern a matter relevant to the park within 45 days
4-15 after he receives a written request to do so which has been signed by
4-16 persons occupying at least 25 percent of the lots in the park. The 25 percent
4-17 must be calculated on the basis of one signature per occupied lot. The
4-18 meeting must be held at a time and place which is convenient to the
4-19 landlord and the tenants. The representative group of tenants must consist
4-20 of no more than five persons.
4-21 2. At least 10 days before any meeting is held pursuant to this section ,
4-22 the landlord or his agent shall post a notice of the meeting in a conspicuous
4-23 place in a common area of the park.
4-24 3. If the landlord is not a natural person, the landlord shall appoint a
4-25 natural person, not the manager or assistant manager, who possesses a
4-26 financial interest in the manufactured home park to meet with the tenants.
4-27 4. If an attorney for the landlord attends a meeting held pursuant to this
4-28 section, the landlord shall not prohibit the group of tenants from being
4-29 represented by an attorney at that meeting.
4-30 5. If the landlord of a manufactured home park is a cooperative
4-31 association or a corporation for public benefit, the landlord shall provide
4-32 a notice of the meeting to the administrator and the administrator or his
4-33 representative shall attend the meeting.
4-34 6. As used in this section:
4-35 (a) “Cooperative association” means an association formed pursuant
4-36 to the provisions of NRS 81.170 to 81.270, inclusive.
4-37 (b) “Corporation for public benefit” has the meaning ascribed to it in
4-38 NRS 82.021.
4-39 Sec. 8. NRS 118B.120 is hereby amended to read as follows:
4-40 118B.120 1. The landlord or his agent or employee may:
4-41 (a) Require that the tenant landscape and maintain the tenant’s lot if the
4-42 landlord advises the tenant in writing of reasonable requirements for the
4-43 landscaping.
4-44 (b) If the tenant does not comply with the provisions of paragraph (a),
4-45 maintain the tenant’s lot and charge the tenant a service fee for the actual
4-46 cost of that maintenance.
4-47 (c) Require that the manufactured home be removed from the park if it
4-48 is unoccupied for more than 90 consecutive days and the tenant or dealer is
4-49 not making good faith and diligent efforts to sell it.
5-1 2. The landlord shall maintain, in the manner required for the other
5-2 tenants, any lot on which is located a manufactured home within the park
5-3 which has been repossessed, abandoned or held for rent or taxes. The
5-4 landlord is entitled to reimbursement for the cost of that maintenance from
5-5 the repossessor or lien holder or from the proceeds of any sale for taxes, as
5-6 the case may be.
5-7 3. The landlord shall trim all the trees located within the park and
5-8 dispose of the trimmings from those trees, absent a voluntary assumption
5-9 of that duty by the tenant for trees on the tenant’s lot.
5-10 4. For the purposes of this section, a manufactured home shall be
5-11 deemed to be abandoned if:
5-12 (a) It is located on a lot in a manufactured home park , other than a
5-13 corporate cooperative park, for which no rent has been paid for at least 60
5-14 days;
5-15 (b) It is unoccupied; and
5-16 (c) The manager of the manufactured home park reasonably believes it
5-17 to be abandoned.
5-18 Sec. 9. NRS 118B.140 is hereby amended to read as follows:
5-19 118B.140 [The]
5-20 1. Except as otherwise provided in subsection 2, the landlord or his
5-21 agent or employee shall not:
5-22 [1.] (a) Require a person to purchase a manufactured home from him or
5-23 any other person as a condition to renting a manufactured home lot to the
5-24 purchaser or give an adjustment of rent or fees, or provide any other
5-25 incentive to induce the purchase of a manufactured home from him or any
5-26 other person.
5-27 [2.] (b) Charge or receive:
5-28 [(a)] (1) Any entrance or exit fee for assuming or leaving occupancy of
5-29 a manufactured home lot.
5-30 [(b)] (2) Any transfer or selling fee or commission as a condition to
5-31 permitting a tenant to sell his manufactured home or recreational vehicle
5-32 within the manufactured home park even if the manufactured home or
5-33 recreational vehicle is to remain within the park, unless the landlord is
5-34 licensed as a dealer of manufactured homes pursuant to NRS 489.311 and
5-35 has acted as the tenant’s agent in the sale pursuant to a written contract.
5-36 [(c)] (3) Any fee for the tenant’s spouse or children.
5-37 [(d)] (4) Any fee for pets kept by a tenant in the park. If special
5-38 facilities or services are provided, the landlord may also charge a fee
5-39 reasonably related to the cost of maintenance of the facility or service and
5-40 the number of pets kept in the facility.
5-41 [(e)] (5) Any additional service fee unless the landlord provides an
5-42 additional service which is needed to protect the health and welfare of the
5-43 tenants, and written notice advising each tenant of the additional fee is sent
5-44 to the tenant 90 days in advance of the first payment to be made, and
5-45 written notice of the additional fee is given to prospective tenants on or
5-46 before commencement of their tenancy. A tenant may only be required to
5-47 pay the additional service fee for the duration of the additional service.
5-48 [(f)] (6) Any fee for a late monthly rental payment within 4 days after
5-49 the date the rental payment is due or which exceeds $5 for each day,
6-1 excluding Saturdays, Sundays and legal holidays, for which the payment is
6-2 overdue, beginning on the day after the payment was due. Any fee for late
6-3 payment of charges for utilities must be in accordance with the
6-4 requirements prescribed by the public utilities commission of Nevada.
6-5 [(g)] (7) Any fee, surcharge or rent increase to recover from his tenants
6-6 the costs resulting from converting from a master-metered water system to
6-7 individual water meters for each manufactured home lot.
6-8 [(h)] (8) Any fee, surcharge or rent increase to recover from his tenants
6-9 any amount that exceeds the amount of the cost for a governmentally
6-10 mandated service or tax that was paid by the landlord.
6-11 2. Except for the provisions of subparagraphs (3), (4), (6) and (8) of
6-12 paragraph (b) of subsection 1, the provisions of this section do not apply
6-13 to a corporate cooperative park.
6-14 Sec. 10. NRS 118B.150 is hereby amended to read as follows:
6-15 118B.150 [The]
6-16 1. Except as otherwise provided in subsection 2, the landlord or his
6-17 agent or employee shall not:
6-18 [1.] (a) Increase rent or additional charges unless:
6-19 [(a)] (1) The rent charged after the increase is the same rent charged for
6-20 manufactured homes of the same size or lots of the same size or of a
6-21 similar location within the park, including, without limitation,
6-22 manufactured homes and lots which are held pursuant to a long-term
6-23 lease, except that a discount may be selectively given to persons who:
6-24 [(1)] (I) Are handicapped;
6-25 [(2)] (II) Are 55 years of age or older;
6-26 [(3)] (III) Are long-term tenants of the park if the landlord has
6-27 specified in the rental agreement or lease the period of tenancy required to
6-28 qualify for such a discount;
6-29 [(4)] (IV) Pay their rent in a timely manner; or
6-30 [(5)] (V) Pay their rent by check, money order or electronic means;
6-31 [(b)] (2) Any increase in additional charges for special services is the
6-32 same amount for each tenant using the special service; and
6-33 [(c)] (3) Written notice advising a tenant of the increase is received by
6-34 the tenant 90 days before the first payment to be increased and written
6-35 notice of the increase is given to prospective tenants before commencement
6-36 of their tenancy. In addition to the notice provided to a tenant pursuant to
6-37 this [paragraph,] subparagraph, if the landlord or his agent or employee
6-38 knows or reasonably should know that the tenant receives assistance from
6-39 the fund created pursuant to NRS 118B.215, the landlord or his agent or
6-40 employee shall provide to the administrator written notice of the increase
6-41 90 days before the first payment to be increased.
6-42 [2.] (b) Require a tenant to pay for an improvement to the common area
6-43 of a manufactured home park unless the landlord is required to make the
6-44 improvement pursuant to an ordinance of a local government.
6-45 [3.] (c) Require a tenant to pay for a capital improvement to the
6-46 manufactured home park unless the tenant has notice of the requirement at
6-47 the time he enters into the rental agreement. A tenant may not be required
6-48 to pay for a capital improvement after the tenant enters into the rental
6-49 agreement unless the tenant consents to it in writing or is given 60 days’
7-1 notice of the requirement in writing. The landlord may not establish such a
7-2 requirement unless a meeting of the tenants is held to discuss the proposal
7-3 and the landlord provides each tenant with notice of the proposal and the
7-4 date, time and place of the meeting not less than 60 days before the
7-5 meeting. The notice must include a copy of the proposal. A notice in a
7-6 periodic publication of the park does not constitute notice for the purposes
7-7 of this [subsection.
7-8 4.] paragraph.
7-9 (d) Require a tenant to pay his rent by check or money order.
7-10 [5.] (e) Require a tenant who pays his rent in cash to apply any change
7-11 to which he is entitled to the next periodic payment that is due. The
7-12 landlord or his agent or employee shall have an adequate amount of money
7-13 available to provide change to such a tenant.
7-14 [6.] (f) Prohibit or require fees or deposits for any meetings held in the
7-15 park’s community or recreational facility by the tenants or occupants of
7-16 any manufactured home or recreational vehicle in the park to discuss the
7-17 park’s affairs, or any political or social meeting sponsored by a tenant, if
7-18 the meetings are held at reasonable hours and when the facility is not
7-19 otherwise in use, or prohibit the distribution of notices of those meetings.
7-20 [7.] (g) Interrupt, with the intent to terminate occupancy, any utility
7-21 service furnished the tenant except for nonpayment of utility charges when
7-22 due. Any landlord who violates this [subsection] paragraph is liable to the
7-23 tenant for actual damages.
7-24 [8.] (h) Prohibit a tenant from having guests, but he may require the
7-25 tenant to register the guest within 48 hours after his arrival, Sundays and
7-26 legal holidays excluded, and if the park is a secured park, a guest may be
7-27 required to register upon entering and leaving.
7-28 [9.] (i) Charge a fee for a guest who does not stay with the tenant for
7-29 more than a total of 60 days in a calendar year. The tenant of a
7-30 manufactured home lot who is living alone may allow one other person to
7-31 live in his home without paying an additional charge or fee, unless such a
7-32 living arrangement constitutes a violation of chapter 315 of NRS. No
7-33 agreement between a tenant and his guest alters or varies the terms of the
7-34 rental contract between the tenant and the landlord, and the guest is subject
7-35 to the rules and regulations of the landlord.
7-36 [10.] (j) Prohibit a tenant from erecting a fence along the perimeter of
7-37 the tenant’s lot if the fence complies with any standards for fences
7-38 established by the landlord, including limitations established for the height
7-39 of fences, the materials used for fences and the manner in which fences are
7-40 to be constructed.
7-41 [11.] (k) Prohibit any tenant from soliciting membership in any
7-42 association which is formed by the tenants who live in the park. As used in
7-43 this [subsection,] paragraph, “solicit” means to make an oral or written
7-44 request for membership or the payment of dues or to distribute, circulate or
7-45 post a notice for payment of those dues.
7-46 [12.] (l) Prohibit a public officer , [or] candidate for public office or the
7-47 representative of a public officer or candidate for public office from
7-48 walking through the park to talk with the tenants [.] or distribute political
7-49 material.
8-1 [13.] (m) If a tenant has voluntarily assumed responsibility to trim the
8-2 trees on his lot, require the tenant to trim any particular tree located on the
8-3 lot or dispose of the trimmings unless a danger or hazard exists.
8-4 2. The provisions of paragraphs (a), (b), (c), (j) and (m) of subsection
8-5 1 do not apply to a corporate cooperative park.
8-6 3. As used in this section, “long-term lease” means a rental
8-7 agreement or lease the duration of which exceeds 12 months.
8-8 Sec. 11. NRS 118B.153 is hereby amended to read as follows:
8-9 118B.153 [The]
8-10 1. Except as otherwise provided in subsection 2, the amount of rent
8-11 charged a tenant for a service, utility or amenity upon moving into the
8-12 manufactured home park must be reduced proportionately when the
8-13 service, utility or amenity is decreased or eliminated by the landlord. The
8-14 landlord may not increase the rent to recover the lost revenue.
8-15 2. The provisions of this section do not apply to a corporate
8-16 cooperative park.
8-17 Sec. 12. NRS 118B.160 is hereby amended to read as follows:
8-18 118B.160 [The]
8-19 1. Except as otherwise provided in subsection 2, the landlord or his
8-20 agent or employee shall not:
8-21 [1.] (a) Deny any tenant the right to sell his manufactured home or
8-22 recreational vehicle within the park or require the tenant to remove the
8-23 manufactured home or recreational vehicle from the park solely on the
8-24 basis of the sale, except as otherwise provided in NRS 118B.170.
8-25 [2.] (b) Prohibit any tenant desiring to sell his manufactured home or
8-26 recreational vehicle within the park from advertising the location of the
8-27 home or vehicle and the name of the manufactured home park or prohibit
8-28 the tenant from displaying at least one sign of reasonable size advertising
8-29 the sale of the home or vehicle.
8-30 [3.] (c) Require that he be an agent of an owner of a manufactured
8-31 home or recreational vehicle who desires to sell the home or vehicle.
8-32 [4.] (d) Unless subleasing of lots is prohibited by a rental agreement or
8-33 lease, prohibit a tenant from subleasing his manufactured home lot if the
8-34 prospective subtenant meets the general requirements for tenancy in the
8-35 park.
8-36 [5.] (e) Require a tenant to make any additions to his manufactured
8-37 home unless those additions are required by an ordinance of a local
8-38 government.
8-39 [6.] (f) Purchase a manufactured home within the park if he has denied:
8-40 [(a)] (1) A tenant the right to sell that manufactured home; or
8-41 [(b)] (2) A prospective buyer the right to purchase that manufactured
8-42 home.
8-43 2. The provisions of this section do not apply to a corporate
8-44 cooperative park.
8-45 Sec. 13. NRS 118B.170 is hereby amended to read as follows:
8-46 118B.170 1. The landlord may require approval of a prospective
8-47 buyer and tenant before the sale of a tenant’s manufactured home or
8-48 recreational vehicle, if the manufactured home or vehicle will remain in the
8-49 park. The landlord shall consider the record, if any, of the prospective
9-1 buyer and tenant concerning the payment of rent. The landlord shall not
9-2 unreasonably withhold his consent.
9-3 2. If a tenant sells his manufactured home or recreational vehicle, the
9-4 landlord may require that the manufactured home or recreational vehicle be
9-5 removed from the park if it is deemed by the park’s written rules or
9-6 regulations in the possession of the tenants to be in a run-down condition
9-7 or in disrepair or does not meet the safety standards set forth in NRS
9-8 461A.120. If the manufactured home must be inspected to determine
9-9 compliance with the standards, the person requesting the inspection shall
9-10 pay for it.
9-11 3. If the landlord requires the approval of a prospective buyer and
9-12 tenant, he shall post and maintain a sign which is clearly readable at the
9-13 entrance to the park which advises the reader that before a manufactured
9-14 home in the park is sold, the prospective buyer must be approved by the
9-15 landlord.
9-16 4. If the landlord requires the approval of a prospective buyer and
9-17 tenant of a manufactured home or recreational vehicle and the
9-18 manufactured home or recreational vehicle is sold without the approval of
9-19 the landlord, the landlord may:
9-20 (a) After providing at least [10] 5 days’ written notice to the buyer and
9-21 tenant, bring an action for an unlawful detainer in the manner prescribed in
9-22 chapter 40 of NRS; or
9-23 (b) Require the buyer and tenant to sign a rental agreement. If the buyer
9-24 and tenant refuse to sign the rental agreement within 5 days after such a
9-25 request, the landlord may, after providing at least [10] 5 days’ written
9-26 notice to the buyer and tenant, bring an action for an unlawful detainer in
9-27 the manner provided in chapter 40 of NRS.
9-28 5. For the purposes of NRS 40.251, a person who:
9-29 (a) Purchases a manufactured home or recreational vehicle from a
9-30 tenant of a manufactured home park which will remain in the park;
9-31 (b) Was required to be approved by the landlord of the manufactured
9-32 home park before the sale of the manufactured home or recreational
9-33 vehicle; and
9-34 (c) Was not approved by the landlord before he purchased that
9-35 manufactured home or recreational vehicle,
9-36
shall
be deemed a tenant at will and a lessee of the manufactured home
9-37 park.
9-38 6. The provisions of this section do not apply to a corporate
9-39 cooperative park.
9-40 Sec. 14. NRS 118B.173 is hereby amended to read as follows:
9-41 118B.173 1. Any landlord who lists a manufactured home park or
9-42 any part of a manufactured home park for sale with a licensed real estate
9-43 broker shall, not less than 10 days nor more than 30 days before listing the
9-44 park for sale, mail written notice of that listing to any association of tenants
9-45 of the park that requested the notice. A landlord is not required to provide
9-46 notice of a listing for sale that is not initiated by the owner of the park or
9-47 his authorized agent.
9-48 2. To receive the notice required by subsection 1, an association of
9-49 tenants of a manufactured home park shall:
10-1 (a) Submit to the landlord a written request for that notice;
10-2 (b) Furnish the landlord with a written list of the names and addresses
10-3 of three members of the association; and
10-4 (c) Give written notice to the landlord that the tenants of the park are
10-5 interested in buying the park and renew that notice at least once each year
10-6 after the initial notice.
10-7 3. The provisions of this section do not apply to a corporate
10-8 cooperative park.
10-9 Sec. 15. NRS 118B.180 is hereby amended to read as follows:
10-10 118B.180 1. A landlord may convert an existing manufactured home
10-11 park into individual manufactured home lots for sale to manufactured home
10-12 owners if the change is approved by the appropriate local zoning board,
10-13 planning commission or governing body, and:
10-14 (a) The landlord gives notice in writing to each tenant within 5 days
10-15 after he files his application for the change in land use with the local
10-16 zoning board, planning commission or governing body;
10-17 (b) The landlord offers to sell the lot to the tenant at the same price the
10-18 lot will be offered to the public and holds that offer open for at least 75
10-19 days before he offers the lot for sale to the public;
10-20 (c) The landlord does not sell an occupied lot for more than a vacant lot
10-21 of similar location, size and shape;
10-22 (d) The landlord pays:
10-23 (1) The cost of moving the tenant’s manufactured home and its
10-24 appurtenances to a comparable location within 50 miles from the
10-25 manufactured home park; or
10-26 (2) If the new location is more than 50 miles from the manufactured
10-27 home park, the cost of moving the manufactured home for the first 50
10-28 miles,
10-29 including fees for inspection, any deposits for connecting utilities and the
10-30 cost of taking down, moving, setting up and leveling his manufactured
10-31 home and its appurtenances in the new lot or park; and
10-32 (e) After the landlord is granted final approval of the change by the
10-33 appropriate local zoning board, planning commission or governing body,
10-34 notice in writing is served on each tenant in the manner provided in NRS
10-35 40.280, giving the tenant at least 180 days after the date of the notice [,]
10-36 before he is required to move his manufactured home from the lot.
10-37 2. Upon the sale of a manufactured home lot and a manufactured home
10-38 which is situated on that lot, the landlord shall indicate what portion of the
10-39 purchase price is for the manufactured home lot and what portion is for the
10-40 manufactured home.
10-41 3. The provisions of this section do not apply to a corporate
10-42 cooperative park.
10-43 Sec. 16. NRS 118B.183 is hereby amended to read as follows:
10-44 118B.183 1. A landlord may convert an existing manufactured home
10-45 park to any other use of the land if the change is approved by the
10-46 appropriate local zoning board, planning commission or governing body,
10-47 and:
11-1 (a) The landlord gives notice in writing to each tenant within 5 days
11-2 after he files his application for the change in land use with the local
11-3 zoning board, planning commission or governing body;
11-4 (b) The landlord pays:
11-5 (1) The cost of moving the tenant’s manufactured home and its
11-6 appurtenances to a new location within 50 miles from the manufactured
11-7 home park; or
11-8 (2) If the new location is more than 50 miles from the manufactured
11-9 home park, the cost of moving the manufactured home for the first
11-10 50 miles,
11-11 including fees for inspection, any deposits for connecting utilities and the
11-12 cost of taking down, moving, setting up and leveling his manufactured
11-13 home and its appurtenances in the new lot or park; and
11-14 (c) After the landlord is granted final approval of the change by the
11-15 appropriate local zoning board, planning commission or governing body,
11-16 written notice is served on each tenant in the manner provided in NRS
11-17 40.280, giving the tenant at least 180 days after the date of the notice
11-18 before he is required to move his manufactured home from the lot.
11-19 2. A landlord shall not increase the rent of any tenant for 180 days
11-20 before applying for a change in land use, permit or variance affecting the
11-21 manufactured home park.
11-22 3. The provisions of this section do not apply to a corporate
11-23 cooperative park.
11-24 Sec. 17. NRS 40.251 is hereby amended to read as follows:
11-25 40.251 A tenant of real property, a recreational vehicle or a mobile
11-26 home for a term less than life is guilty of an unlawful detainer when having
11-27 leased:
11-28 1. Real property, except as otherwise provided in this section, or a
11-29 mobile home for an indefinite time, with monthly or other periodic rent
11-30 reserved, he continues in possession thereof, in person or by subtenant,
11-31 without the landlord’s consent after the expiration of a notice of:
11-32 (a) For tenancies from week to week, at least 7 days;
11-33 (b) For all other periodic tenancies, at least 30 days; or
11-34 (c) For tenancies at will, at least 5 days.
11-35 2. A dwelling unit subject to the provisions of chapter 118A of NRS,
11-36 he continues in possession, in person or by subtenant, without the
11-37 landlord’s consent after expiration of:
11-38 (a) The term of the rental agreement or its termination and, except as
11-39 otherwise provided in paragraph (b), the expiration of a notice of at least 7
11-40 days for tenancies from week to week and 30 days for all other periodic
11-41 tenancies; or
11-42 (b) A notice of at least 5 days where the tenant has failed to perform his
11-43 basic or contractual obligations under chapter 118A of NRS.
11-44 3. A mobile home lot subject to the provisions of chapter 118B of
11-45 NRS, or a lot for a recreational vehicle in an area of a mobile home park
11-46 other than an area designated as a recreational vehicle lot pursuant to the
11-47 provisions of subsection 6 of NRS 40.215, he continues in possession, in
11-48 person or by subtenant, without the landlord’s consent, after notice has
12-1 been given pursuant to NRS 118B.170 or 118B.190 or section 3 of this act
12-2 and the period of the notice has expired.
12-3 4. A recreational vehicle lot, he continues in possession, in person or
12-4 by subtenant, without the landlord’s consent, after the expiration of a
12-5 notice of at least 5 days.
12-6 Sec. 18. Chapter 489 of NRS is hereby amended by adding thereto a
12-7 new section to read as follows:
12-8 1. The division shall adopt regulations for the issuance of limited
12-9 resale licenses authorizing a landlord or manager to sell a used mobile
12-10 home. Regulations adopted pursuant to this section must specify the
12-11 requirements for licensure, including, without limitation, any
12-12 educational requirements.
12-13 2. A person who is licensed pursuant to the regulations described in
12-14 subsection 1 may sell a used mobile home if:
12-15 (a) The mobile home is located in a mobile home park that the
12-16 landlord or manager owns, leases or manages; and
12-17 (b) The landlord or manager purchased the mobile home at a sale to
12-18 enforce a lien pursuant to NRS 108.270 to 108.360, inclusive.
12-19 3. As used in this section:
12-20 (a) “Landlord” has the meaning ascribed to it in NRS 118B.014.
12-21 (b) “Manager” has the meaning ascribed to it in NRS 118B.0145.
12-22 (c) “Mobile home park” has the meaning ascribed to “manufactured
12-23 home park” in NRS 118B.017.
12-24 Sec. 19. 1. This section and sections 1 to 5, inclusive, 17 and 18 of
12-25 this act become effective on October 1, 2001.
12-26 2. Sections 6 to 16, inclusive, of this act become effective at
12-27 12:01 a.m. on October 1, 2001.
12-28 H