Assembly Bill No. 245–Assemblymen Collins, Manendo, Claborn, Gibbons, Goicoechea, Horne and Mortenson

 

March 6, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes regarding conversion of manufactured home park into individual manufactured home lots. (BDR 22‑1080)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to manufactured home parks; prohibiting a governing body, commission or board authorized to approve the conversion of a manufactured home park into individually owned lots from requiring a change to the existing lot sizes, setbacks and restrictions as a condition of approval for the conversion; revising the period that a landlord who is converting a manufactured home park into individual manufactured home lots is required to hold open an offer to sell a lot to a tenant; prohibiting a landlord from selling a lot to a person other than the tenant for a certain period for a more favorable price or terms than those offered to the tenant; providing that such an offer or certain notice by the landlord does not constitute notice of termination of the tenancy of the tenant; 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. Chapter 278 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  A governing board, commission or board whose approval is

1-4  necessary pursuant to NRS 278.010 to 278.630, inclusive, for the

2-1  conversion of an existing mobile home park into individually

2-2  owned mobile home lots may not require any change to existing

2-3  lot sizes, setbacks or other restrictions as a condition of the

2-4  approval of the conversion.

2-5  Sec. 2.  NRS 278.010 is hereby amended to read as follows:

2-6  278.010  As used in NRS 278.010 to 278.630, inclusive, and

2-7  section 1 of this act, unless the context otherwise requires, the

2-8  words and terms defined in NRS 278.0105 to 278.0195, inclusive,

2-9  have the meanings ascribed to them in those sections.

2-10      Sec. 3.  NRS 118B.180 is hereby amended to read as follows:

2-11      118B.180  1.  A landlord may convert an existing

2-12  manufactured home park into individual manufactured home lots for

2-13  sale to manufactured home owners if the change is approved by the

2-14  appropriate local zoning board, planning commission or governing

2-15  body, and:

2-16      (a) The landlord gives notice in writing to each tenant within 5

2-17  days after he files his application for the change in land use with the

2-18  local zoning board, planning commission or governing body;

2-19      (b) The landlord offers , in writing, to sell the lot to the tenant at

2-20  the same price the lot will be offered to the public and holds that

2-21  offer open for at least [75 days before he offers the lot for sale to the

2-22  public;] 90 days or until the landlord receives a written rejection of

2-23  the offer from the tenant, whichever occurs earlier;

2-24      (c) The landlord does not sell [an occupied lot for more than a

2-25  vacant lot of similar location, size and shape;

2-26      (d) The] the lot to a person other than the tenant for 90 days

2-27  after the termination of the offer required pursuant to

2-28  paragraph (b) at a price or on terms that are more favorable than

2-29  the price or terms offered to the tenant;

2-30      (d) If a tenant does not exercise his option to purchase the lot

2-31  pursuant to paragraph (b), the landlord pays:

2-32          (1) The cost of moving the tenant’s manufactured home and

2-33  its appurtenances to a comparable location within 50 miles from the

2-34  manufactured home park; or

2-35          (2) If the new location is more than 50 miles from the

2-36  manufactured home park, the cost of moving the manufactured

2-37  home for the first 50 miles,

2-38  including fees for inspection, any deposits for connecting utilities

2-39  and the cost of taking down, moving, setting up and leveling his

2-40  manufactured home and its appurtenances in the new lot or park;

2-41  and

2-42      (e) After the landlord is granted final approval of the change by

2-43  the appropriate local zoning board, planning commission or

2-44  governing body, notice in writing is served on each tenant in the

2-45  manner provided in NRS 40.280, giving the tenant at least 180 days

3-1  after the date of the notice before he is required to move his

3-2  manufactured home from the lot.

3-3  2.  Notice sent pursuant to paragraph (a) of subsection 1 or an

3-4  offer to sell a manufactured home lot to a tenant required

3-5  pursuant to paragraph (b) of subsection 1 does not constitute

3-6  notice of termination of the tenancy.

3-7  3.  Upon the sale of a manufactured home lot and a

3-8  manufactured home which is situated on that lot, the landlord shall

3-9  indicate what portion of the purchase price is for the manufactured

3-10  home lot and what portion is for the manufactured home.

3-11      [3.] 4. The provisions of this section do not apply to a

3-12  corporate cooperative park.

 

3-13  H