2005 Nevada Revised Statutes - Chapter 118B — Landlord and Tenant: Manufactured Home Parks

CHAPTER 118B - LANDLORD AND TENANT:MANUFACTURED HOME PARKS

GENERAL PROVISIONS

NRS 118B.010 Definitions.

NRS 118B.011 Administratordefined.

NRS 118B.0113 Capitalimprovement defined.

NRS 118B.0115 Changedefined.

NRS 118B.0117 Corporatecooperative park defined.

NRS 118B.012 Divisiondefined.

NRS 118B.014 Landlorddefined.

NRS 118B.0145 Managerdefined.

NRS 118B.015 Manufacturedhome defined.

NRS 118B.016 Manufacturedhome lot or lot defined.

NRS 118B.017 Manufacturedhome park or park defined.

NRS 118B.018 Recreationalvehicle defined.

NRS 118B.0185 Tenantdefined.

NRS 118B.019 Termsof a rental agreement defined.

NRS 118B.0195 Utilitydefined.

NRS 118B.020 Applicability.

NRS 118B.022 Administrationof chapter; employees of Division prohibited from holding interest inmanufactured home park.

NRS 118B.024 Dutiesand powers of Administrator.

NRS 118B.025 Collectionof economic and demographic data.

NRS 118B.026 Investigations;remedies.

NRS 118B.028 Enforcementof subpoena issued by Division.

NRS 118B.030 Notice.

NRS 118B.035 Approvalof landlord to be in writing.

RENTAL AGREEMENTS; DEPOSITS

NRS 118B.040 Rentalagreements: Right of applicant to review agreement and other residencydocuments for specified period; right of tenant to receive copy of agreement;provisions required to be included in agreement.

NRS 118B.045 Rentalagreements: Additional provisions required to be included in certainagreements.

NRS 118B.050 Rentalagreements: Void provisions.

NRS 118B.060 Deposits.

RIGHTS AND OBLIGATIONS OF LANDLORDS AND TENANTS

NRS 118B.065 Landlordto disclose relevant zoning designations before tenant signs initial rentalagreement.

NRS 118B.067 Obligationsof landlord and tenant concerning placement, set up and installation ofmanufactured home.

NRS 118B.070 Landlordto deliver copy of current provisions of chapter and contact informationregarding Division to each tenant.

NRS 118B.071 Landlordto post sign containing contact information regarding Division.

NRS 118B.073 Landlordto issue receipt of payment of rent to tenant.

NRS 118B.075 Landlordof park consisting of 25 or more lots to post and provide to tenant samplerental or lease agreements.

NRS 118B.077 Landlordto post report on quality of water supplied to park; test of quality of water.

NRS 118B.080 Landlordto disclose certain information regarding owner and manager or assistantmanager of park and agent for service of process; landlord to post or providenotice regarding office hours or landlords availability at park.

NRS 118B.085 Noticeto Division of certain information about landlord, manager and assistantmanager; Division to provide provisions of chapter to landlord, manager andassistant manager.

NRS 118B.086 Continuingeducation of managers and assistant managers: Applicability; requirements;regulations; approval of courses.

NRS 118B.087 Continuingeducation of managers and assistant managers: Regions for provision of courses;assessment of manufactured home parks for portion of costs of course.

NRS 118B.088 Continuingeducation of managers and assistant managers: Certificate of completion ofcourse.

NRS 118B.089 Continuingeducation of managers and assistant managers: Fine for employing manager orassistant manager who has not completed course.

NRS 118B.090 Responsibilitiesof landlord: Maintenance of common areas, facilities, appliances, mail boxes,driveways and sidewalks; snow removal.

NRS 118B.095 Landlordto authorize or contract for repairs; contract for emergency repairs; notice;exceptions.

NRS 118B.097 Licensedor certified person required to perform certain repairs.

NRS 118B.100 Rulesand regulations of park.

NRS 118B.110 Landlordto meet with representative group of tenants under certain circumstances;notice; persons required to attend for landlord; attendance by attorneys;attendance by Administrator or his representative.

NRS 118B.115 Writtenconsent may be required before manufactured home or recreational vehicle ismoved into park; remedies if written consent is not obtained; exception.

NRS 118B.120 Maintenanceof tenants lot; removal of unoccupied manufactured home; reimbursement forcost of maintenance.

NRS 118B.125 Tenantto secure approval of landlord before beginning construction that requiresbuilding permit.

NRS 118B.130 Restrictionson tenants: Obligations of landlord before change; notice.

NRS 118B.140 Prohibitedpractices by landlord: Requiring or inducing purchase of manufactured home;charges.

NRS 118B.143 Prohibitedpractices by landlord: Right of tenant to display flag of the United States incertain areas; conditions and limitations on exercise of right.

NRS 118B.145 Prohibitedpractices by landlord: Right of tenant to exhibit political signs in certainareas; conditions and limitations on exercise of right.

NRS 118B.150 Prohibitedpractices by landlord: Rent and additional charges; payments for improvements;meetings; utility services; guests; fences; dues for associations of members;public officers or candidates; trimming of trees.

NRS 118B.153 Reductionof rent upon decrease or elimination of service, utility or amenity.

NRS 118B.154 Connectionof utilities; reports of violations.

NRS 118B.155 Landlordto post or provide certain information regarding utility bills.

NRS 118B.157 Noticeto tenants of interruption of utility or service.

NRS 118B.160 Prohibitedpractices by landlord: Sale of manufactured home or recreational vehicle bytenant; subleasing of lots by tenants; additions by tenant to manufacturedhome; purchase of manufactured home within park by landlord.

NRS 118B.170 Rightsand duties of landlord concerning sale of manufactured home or recreationalvehicle located in park.

NRS 118B.173 Noticeof listing of park for sale; entitlement to notice.

NRS 118B.177 Obligationsof landlord before closure of park: Liability for payment of cost of moving orfair market value of manufactured home; notices; restrictions regardingincrease in rent.

NRS 118B.180 Obligationsof landlord for conversion of park into lots: Notices; offers to sell lots;liability for payment of cost of moving manufactured home.

NRS 118B.183 Obligationsof landlord for conversion of park to other use: Notices; liability for paymentof cost of moving or fair market value of manufactured home; restrictionsregarding increase in rent.

NRS 118B.185 Annualfee for lots in park; penalty; disposition of money.

TERMINATION OF RENTAL AGREEMENT BY LANDLORD

NRS 118B.190 Notice;holding over.

NRS 118B.200 Grounds.

NRS 118B.210 Retaliatoryconduct by landlord and harassment by landlord, management or tenantprohibited.

ASSISTANCE FOR LOW-INCOME OWNERS OF MANUFACTURED HOMES

NRS 118B.211 Funddefined.

NRS 118B.213 Annualfee for lots in park operated for profit; notice; discontinuation and resumption;penalty; deposit.

NRS 118B.215 Fund:Creation; use of money in Fund; eligibility to receive money from Fund;regulations.

NRS 118B.2155 Contentsof application for assistance from Fund.

NRS 118B.216 Denialor termination of assistance: Notice; hearing; judicial review.

NRS 118B.217 Dutiesof Division: Preparation of list of eligible persons; determination ofsufficiency of amount of money in Fund; equal allocation of assistance.

NRS 118B.218 Noticeof change in eligibility for assistance.

NRS 118B.2185 Recoveryof assistance.

NRS 118B.219 Civilpenalties.

REMEDIES AND PENALTIES

NRS 118B.220 Fitnessof manufactured home or recreational vehicle for occupancy.

NRS 118B.230 Unlawfultermination of rental agreement by landlord.

NRS 118B.240 Controversiesmay be submitted for arbitration.

NRS 118B.251 Finefor violation of provision of chapter.

NRS 118B.255 Depositof administrative fines; appointment of hearing officer or panel; delegation ofauthority concerning disciplinary action; claims for attorneys fees and costsof investigation.

NRS 118B.260 Penalties.

_________

GENERAL PROVISIONS

NRS 118B.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS118B.011 to 118B.0195, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1975, 783; A 1977, 1448; 1979, 1872;1981, 1845, 2030; 1985, 2215, 2216; 1989, 1791; 1991, 2271; 2001, 1939)

NRS 118B.011 Administratordefined. Administrator means the chief ofthe Division.

(Added to NRS by 1985, 2213)

NRS 118B.0113 Capital improvement defined. Capital improvement means an addition or betterment made to amanufactured home park that:

1. Consists of more than the repair or replacement ofan existing facility;

2. Is required by law to be amortized over its usefullife for the purposes of income tax; and

3. Has a useful life of 5 years or more.

(Added to NRS by 1995, 2752; A 2001, 1170)

NRS 118B.0115 Changedefined. A change of a rental agreement includesthe renewal of a rental agreement and a new rental agreement.

(Added to NRS by 1989, 1791)

NRS 118B.0117 Corporatecooperative park defined. Corporate cooperativepark means a manufactured home park owned by a nonprofit cooperativecorporation formed pursuant to chapter 81 of NRSthat is wholly owned or controlled by the tenants of the park.

(Added to NRS by 2001, 1937)

NRS 118B.012 Divisiondefined. Division means the ManufacturedHousing Division of the Department of Business and Industry.

(Added to NRS by 1985, 2213; A 1993, 1508)

NRS 118B.014 Landlorddefined. Landlord means the owner or lessorof a manufactured home lot and the owner or lessor of a manufactured home park.

(Added to NRS by 1985, 2216; A 1987, 977; 2001, 1170)

NRS 118B.0145 Managerdefined. Manager means the person in chargeor in control of a manufactured home park, whether or not he is the owner oremployed by the owner. The term includes any company chosen by the landlord toadminister or supervise the affairs of the manufactured home park.

(Added to NRS by 1991, 2270; A 2001, 1170)

NRS 118B.015 Manufacturedhome defined. Manufactured home means avehicular structure without independent motive power, built on a chassis orframe, which is:

1. Designed to be used with or without a permanentfoundation;

2. Capable of being drawn by a motor vehicle; and

3. Used as and suitable for year-round occupancy as aresidence, when connected to utilities, by one person who maintains a householdor by two or more persons who maintain a common household.

The termspecifically includes, without limitation, a mobile home that does not complywith the standards established under the National Manufactured HousingConstruction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq.

(Added to NRS by 1985, 2216; A 2001, 1170)

NRS 118B.016 Manufacturedhome lot or lot defined. Manufactured homelot or lot means a portion of land within a manufactured home park which isrented or held out for rent to accommodate:

1. A manufactured home; or

2. A recreational vehicle for 3 months or more.

(Added to NRS by 1985, 2216; A 2001, 1171)

NRS 118B.017 Manufacturedhome park or park defined. Manufacturedhome park or park means an area or tract of land where two or moremanufactured homes or manufactured home lots are rented or held out for rent.The terms do not include an area or tract of land where:

1. More than half of the lots are rented overnight orfor less than 3 months for recreational vehicles.

2. Manufactured homes are used occasionally forrecreational purposes and not as permanent residences.

(Added to NRS by 1985, 2216; A 1987, 931; 2001, 1171)

NRS 118B.018 Recreationalvehicle defined. Recreational vehicle meansa vehicular structure primarily designed as temporary living quarters fortravel, recreational or camping use, which may be self-propelled or mountedupon or drawn by a motor vehicle.

(Added to NRS by 1985, 2216)

NRS 118B.0185 Tenantdefined. Tenant means the owner of a manufacturedhome which is located on a manufactured home lot in a manufactured home park.

(Added to NRS by 1989, 1791; A 2001, 1171)

NRS 118B.019 Termsof a rental agreement defined. Terms of arental agreement include:

1. The amount of rent;

2. All services and utilities provided to the tenant;and

3. Any rules and regulations adopted by the landlord.

(Added to NRS by 1989, 1791)

NRS 118B.0195 Utilitydefined. Utility includes a public utilitywhich provides:

1. Electricity;

2. Natural gas;

3. Liquefied petroleum gas;

4. Cable television;

5. Sewer services;

6. Garbage collection; or

7. Water.

(Added to NRS by 1989, 1791)

NRS 118B.020 Applicability. The provisions of this chapter do not apply to:

1. Manufactured home parks operated by public housingauthorities and established pursuant to the United States Housing Act of 1937,as amended (now 42 U.S.C. 1437 et seq.).

2. Any lot in a manufactured home park which is rentedor held out for rent overnight or for less than 3 months.

3. Any recreational vehicle located on a lot describedin subsection 2.

4. Any lot in a manufactured home park or manufacturedhome on such a lot which is used occasionally for recreational purposes and notas a permanent residence.

(Added to NRS by 1979, 1871; A 1981, 1845; 1987, 931;2001, 1171)

NRS 118B.022 Administrationof chapter; employees of Division prohibited from holding interest inmanufactured home park.

1. The provisions of this chapter must be administeredby the Division, subject to administrative supervision by the Director of theDepartment of Business and Industry.

2. An employee of the Division shall not hold aninterest in a manufactured home park.

(Added to NRS by 1985, 2214; A 1993, 1508; 2001, 1171)

NRS 118B.024 Dutiesand powers of Administrator.

1. The Administrator shall adopt regulations to carryout the provisions of this chapter.

2. To carry out the provisions of this chapter, theAdministrator may, upon receiving a complaint alleging a violation of thischapter or any regulation adopted pursuant thereto:

(a) Issue subpoenas for the production of books, papersand documents which are strictly relevant to the complaint;

(b) Mediate grievances between landlords and tenants ofmanufactured home parks; and

(c) Make inspections and provide technical servicesnecessary to administer the provisions of this chapter.

3. The Administrator or his representative may inspectat reasonable times in a reasonable manner the premises and books, papers,records and documents which are required to enforce the provisions of thischapter.

(Added to NRS by 1985, 2214; A 1989, 1791; 2001, 1171)

NRS 118B.025 Collectionof economic and demographic data. The Administratorshall collect economic and demographic data annually from each manufacturedhome park, including the amount of rent and rate of vacancy for each type oflot in the park, and shall prescribe the form for the collection of such data.

(Added to NRS by 1989, 304; A 1989, 1267; 2001, 1172)

NRS 118B.026 Investigations;remedies.

1. The Administrator may, upon receiving a complaintalleging a violation of this chapter or any regulation adopted pursuantthereto, investigate the alleged violation. The Administrator or hisrepresentative shall, upon request, furnish identification during aninvestigation. Any information obtained by the Administrator or hisrepresentative in the investigation of a complaint, including the name of thecomplainant, is confidential and must not be disclosed unless so ordered by theAdministrator or a court of competent jurisdiction.

2. If the Administrator finds a violation of theprovisions of this chapter or of any regulation adopted pursuant thereto, hemay issue a notice of violation to the person who he alleges has violated theprovision. The notice of violation must set forth the violation which theAdministrator alleges with particularity and specify the corrective actionwhich is to be taken and the time within which the action must be taken.

3. If the person to whom a notice of violation isdirected fails to take the corrective action required, the Administrator may:

(a) Extend the time for corrective action;

(b) Request the district attorney of the county inwhich the violation is alleged to have occurred to prepare a complaint andprocure the issuance of a summons to the person for the violation; or

(c) Apply to the district court for the judicialdistrict in which the violation is alleged to have occurred for an injunctionand any other relief which the court may grant to compel compliance. In anaction brought pursuant to this section, the court may award costs andreasonable attorneys fees to the prevailing party.

TheAdministrator may, in addition to or in lieu of any action authorized by paragraph(a), (b) or (c), impose a fine pursuant to NRS118B.251.

4. Any person who violates a provision of thischapter, or a regulation adopted pursuant thereto, shall pay for the costincurred by the division in enforcing the provision.

(Added to NRS by 1985, 2214; A 1991, 846, 2271; 1993,1469)

NRS 118B.028 Enforcementof subpoena issued by Division. If any personto whom the Administrator has directed a subpoena refuses to produce any books,papers or documents which the subpoena requires, the Administrator may apply tothe district court for the judicial district in which the investigation isbeing carried on for the enforcement of the subpoena in the manner provided bylaw for the enforcement of a subpoena in a civil action. If the person to whomthe subpoena was directed objects that the material not produced is notstrictly relevant, the burden is upon the Administrator to show probablerelevance.

(Added to NRS by 1985, 2215)

NRS 118B.030 Notice. If any provision of this chapter requires that notice begiven but does not specify the manner in which it must be given, notice must begiven either by personal service or by first-class mail.

(Added to NRS by 1981, 2030)(Substituted in revisionfor NRS 118.237)

NRS 118B.035 Approvalof landlord to be in writing. If a statuterequires that a tenant obtain the approval of the landlord on a particularmatter and the landlord gives his approval, he shall do so in writing.

(Added to NRS by 1987, 981)

RENTAL AGREEMENTS; DEPOSITS

NRS 118B.040 Rentalagreements: Right of applicant to review agreement and other residencydocuments for specified period; right of tenant to receive copy of agreement;provisions required to be included in agreement.

1. An approved applicant for residency may request 72hours to review the proposed rental agreement or lease, the rules andregulations of the manufactured home park and other residency documents. Uponreceiving such a request, the landlord shall allow the approved applicant toreview the documents for 72 hours. This review period does not, however,prevent the landlord from accepting another tenant for the space or residencywhile the 72 hours is pending.

2. A rental agreement or lease between a landlord andtenant to rent or lease any manufactured home lot must be in writing. Thelandlord shall give the tenant a copy of the agreement or lease at the time thetenant signs it.

3. A rental agreement or lease must contain, but isnot limited to, provisions relating to:

(a) The duration of the agreement.

(b) The amount of rent, the manner and time of itspayment and the amount of any charges for late payment and dishonored checks.

(c) Restrictions on occupancy by children or pets.

(d) Services and utilities included with the rental ofa lot and the responsibility of maintaining or paying for them, including thecharge, if any, for cleaning the lots.

(e) Deposits which may be required and the conditionsfor their refund.

(f) Maintenance which the tenant is required to performand any appurtenances he is required to provide.

(g) The name and address of the owner of themanufactured home park and his authorized agent.

(h) Any restrictions on subletting.

(i) Any recreational facilities and other amenitiesprovided to the tenant and any deposits or fees required for their use.

(j) Any restriction of the park to older personspursuant to federal law.

(k) The dimensions of the manufactured home lot of thetenant.

(l) A summary of the provisions of NRS 202.470.

(m) Information regarding the procedure pursuant towhich a tenant may report to the appropriate authorities:

(1) A nuisance.

(2) A violation of a building, safety or healthcode or regulation.

(n) Information regarding the right of the tenant toengage in the display of the flag of the United States, as set forth in NRS 118B.143.

(o) The amount to be charged each month to the tenantto reimburse the landlord for the cost of a capital improvement to themanufactured home park. Such an amount must be stated separately and includethe length of time the charge will be collected and the total amount to be recoveredby the landlord from all tenants in the manufactured home park.

(Added to NRS by 1977, 1446; A 1979, 1872; 1981,1846, 2031; 1983, 1355; 1985, 2217; 1987, 977; 1989, 1792; 1991, 2272; 1995,2753; 2001, 1172,1353; 2003, 30, 2471, 2969)

NRS 118B.045 Rentalagreements: Additional provisions required to be included in certainagreements. If a person owns a manufacturedhome on a manufactured home lot and the person, either directly or through anagent, leases the manufactured home to another person, the rental agreement orlease must include, in addition to any other information required by law, thefollowing information:

1. The name and address of the person who owns themanufactured home;

2. The year the manufactured home was manufactured;

3. The year the manufactured home was moved into themanufactured home park;

4. The year the person acquired the manufactured home;and

5. The date of each inspection of the manufacturedhome.

(Added to NRS by 2005, 2326)

NRS 118B.050 Rentalagreements: Void provisions. Any provision ina rental agreement or lease for a manufactured home lot which provides that thetenant:

1. Agrees to waive or forego any rights or remediesafforded by this chapter;

2. Authorizes any person to confess judgment on anyclaim arising out of the rental agreement;

3. Agrees to pay the landlords attorneys fees orcosts, or both, except that the agreement may provide that attorneys fees maybe awarded to the prevailing party in the event of court action;

4. Agrees to the exculpation or limitation of anyliability of the landlord arising under law or to indemnify the landlord forthat liability or costs connected therewith, if the liability is based upon anact or omission of the landlord or any agent or employee of the landlord;

5. Agrees to a period within which he will give noticeto the landlord of the termination of his tenancy which is longer than the termof the lease; or

6. Agrees to pay any additional charge for children orpets, unless the landlord provides a special service regarding children orpets,

is void. Atenant may recover his actual damages resulting from the enforcement of such aprovision.

(Added to NRS by 1977, 1447; A 1979, 1873; 1985,2218; 1987, 978; 1991, 2273; 2001, 1172)

NRS 118B.060 Deposits.

1. Any payment, deposit, fee or other charge which isrequired by the landlord in addition to periodic rent, utility charges orservice fees and is collected as prepaid rent or a sum to compensate for anytenant default is a deposit governed by the provisions of this section.

2. The landlord shall maintain a separate record ofthe deposits.

3. Except as otherwise provided in subsection 4:

(a) All deposits are refundable, and upon terminationof the tenancy, or if the deposit is collected as a sum to compensate for atenant default, not more than 5 years after the landlord receives the deposit,the landlord may claim from a deposit only such amounts as are reasonablynecessary to remedy tenant defaults in the payment of rent, utility charges orservice fees and to repair damage to the park caused by the tenant. The landlordshall provide the tenant with an itemized written accounting of the dispositionof the deposit.

(b) Any refund must be sent to the tenant within 21days after the tenancy is terminated.

4. Each deposit collected as a sum to compensate for atenant default must be refunded to the tenant not more than 5 years after thelandlord receives the deposit or upon the termination of the tenancy, whicheveris earlier. The refund must include interest on the amount of the deposit atthe rate required by this subsection, compounded annually, for the entireperiod during which the deposit was held by the landlord. For the purposes ofthis subsection, the rate of interest must be equal to the average of theprevailing rates of interest for deposits, as determined by the Administrator.

5. Upon termination of the landlords interest in themanufactured home park, the landlord shall transfer to his successor ininterest that portion of the deposit remaining after making any deductionsallowed pursuant to this section or refund that portion to the tenant.

6. If the former landlord fails to transfer thatportion of the deposit remaining to the successor in interest or refund it tothe tenant at the time the successor in interest takes possession, thesuccessor becomes jointly and severally liable with the former landlord forrefunding to the tenant that portion of the deposit to which he is entitled.

7. If the former landlord fails to transfer or refundthe deposit, the tenant may not be required to pay another deposit until thesuccessor in interest refunds the deposit to the tenant or provides him with anitemized written accounting of the statutorily authorized disposition of thedeposit.

8. The claim of the tenant to any deposit to which heis entitled by law takes precedence over the claim of any creditor of thelandlord.

9. The provisions of this section do not apply to acorporate cooperative park.

(Added to NRS by 1977, 1447; A 1979, 1873; 1987, 978;1991, 2273; 2001,1173, 1939; 2003, 2471)

RIGHTS AND OBLIGATIONS OF LANDLORDS AND TENANTS

NRS 118B.065 Landlordto disclose relevant zoning designations before tenant signs initial rentalagreement. Before a tenant signs an initialrental agreement for a manufactured home lot, the landlord shall, by separatewritten document, disclose to him the zoning designations adopted pursuant to chapter 278 of NRS for the manufactured home lotto be rented and for each parcel of land adjoining the manufactured home park.

(Added to NRS by 1989, 961; A 2001, 1173)

NRS 118B.067 Obligationsof landlord and tenant concerning placement, set up and installation ofmanufactured home.

1. If a landlord approves the placement of amanufactured home on a lot in a park and it is determined after the home isplaced on the lot that the placement of the home does not comply with therequirements of the local ordinances relating to that placement, the landlordshall pay the cost to ensure compliance with those requirements.

2. A landlord shall notify any tenant who is bringinga manufactured home which is new to the manufactured home park into themanufactured home park that the provisions of NRS489.311 require that only persons licensed by the State of Nevada as generalservicemen are legally permitted to set up and install a manufactured home.Before the tenant may bring such a manufactured home into the manufactured homepark, the tenant must provide to the landlord a copy of the license issuedpursuant to NRS 489.311 to the personwho will be installing the manufactured home.

(Added to NRS by 1991, 2270; A 2001, 1174; 2003, 2472; 2005, 1641)

NRS 118B.070 Landlordto deliver copy of current provisions of chapter and contact informationregarding Division to each tenant.

1. The landlord shall deliver to:

(a) Each new tenant a copy of the current text of theprovisions of this chapter with the rental agreement at the time the tenantsigns the agreement.

(b) Each tenant a copy of each provision of thischapter which is added, amended or repealed within 180 days after the provisionbecomes effective.

2. When the landlord provides a tenant with a copy ofany provision of this chapter pursuant to subsection 1, the copy must contain alegible and typewritten statement that contains the following contactinformation regarding the Division in substantially the following form:

 

TENANTSOF MANUFACTURED HOME PARKS ARE ENTITLED TO CERTAIN RIGHTS UNDER NEVADA REVISEDSTATUTES

 

To obtain informationregarding your rights as a tenant under Nevada Revised Statutes, you maycontact the Manufactured Housing Division of the Department of Business andIndustry as follows:

 

SOUTHERNNEVADA:

(Theaddress of the Division in Southern Nevada)

(Thelocal telephone number of the Division in Southern Nevada)

 

NORTHERNNEVADA:

(Theaddress of the Division in Northern Nevada)

(Thelocal telephone number of the Division in Northern Nevada)

 

INTERNET:

(TheInternet address of the Division)

 

(Added to NRS by 1975, 1111; A 1977, 1451; 1979,1873; 1981, 2031; 1989, 1792; 1991, 2274; 2003, 2473; 2005, 1597)

NRS 118B.071 Landlordto post sign containing contact information regarding Division.

1. The landlord of a manufactured home park shall postin a conspicuous and readily accessible place in the community or recreationalfacility in the manufactured home park, at or near the entrance of themanufactured home park or in another common area in the manufactured home park,a legible and typewritten sign that contains the following contact informationregarding the Division in substantially the following form:

 

TENANTSOF MANUFACTURED HOME PARKS ARE ENTITLED TO CERTAIN RIGHTS UNDER NEVADA REVISEDSTATUTES

 

To obtain informationregarding your rights as a tenant under Nevada Revised Statutes, you maycontact the Manufactured Housing Division of the Department of Business andIndustry as follows:

 

SOUTHERNNEVADA:

(Theaddress of the Division in Southern Nevada)

(Thelocal telephone number of the Division in Southern Nevada)

 

NORTHERNNEVADA:

(Theaddress of the Division in Northern Nevada)

(Thelocal telephone number of the Division in Northern Nevada)

 

INTERNET:

(TheInternet address of the Division)

 

2. The Division shall notify each landlord if any ofthe contact information regarding the Division changes. Not later than 30 daysafter receiving such a notice from the Division, the landlord shall replace theexisting sign with a new sign that contains the new contact informationregarding the Division.

(Added to NRS by 2003, 2470)

NRS 118B.073 Landlordto issue receipt of payment of rent to tenant. Uponpayment of the periodic rent by a tenant of a manufactured home park, thelandlord of that park shall issue to the tenant a receipt which indicates theamount and the date of the payment. The landlord shall issue the receipt assoon as practicable after payment, but not later than 5 days after he receivespayment.

(Added to NRS by 1995, 2752; A 2001, 1174; 2005, 2327)

NRS 118B.075 Landlordof park consisting of 25 or more lots to post and provide to tenant samplerental or lease agreements. If more than onerental agreement or lease is offered to prospective tenants, the landlord of amanufactured home park consisting of 25 or more lots shall:

1. Post in a conspicuous and readily accessible placein the community or recreation facility in the park, at or near the entrance ofthe park or other common area in the park, a legible sign indicating in boldprint and bearing the caption sample rental or lease agreements.

2. Under the sign indicating sample rental or leaseagreements, post a copy of each rental or lease agreement presently offered toprospective tenants.

3. Provide at the request of a prospective tenant oran existing tenant, a copy of any lease or rental agreement required to beposted pursuant to subsection 2.

4. Immediately correct or replace the posted copy of alease or rental agreement if new provisions are added to the lease or rentalagreement or if existing provisions are amended or deleted.

5. Provide a copy of the provisions of this section toa prospective tenant before he signs a rental agreement or lease for a lot.

(Added to NRS by 1991, 904; A 2001, 1174)

NRS 118B.077 Landlordto post report on quality of water supplied to park; test of quality of water.

1. The landlord of a manufactured home park shall postin a conspicuous and readily accessible place in the community or recreationalfacility in the manufactured home park, at or near the entrance of themanufactured home park or other common area in the manufactured home park, acurrent report on the quality of the water that is supplied to the manufacturedhome park.

2. Except as otherwise provided in subsection 3, thereport must be obtained from the community water system that is the supplier ofwater to the manufactured home park. Except as otherwise provided in subsection4, the landlord shall post the report at least once each year and at such othertimes as the community water system may provide an updated report to thelandlord.

3. If a manufactured home park is not a communitywater system and does not otherwise obtain water from a community water system,the landlord of the manufactured home park shall annually cause the water thatis provided to the tenants of the manufactured home park to be tested inaccordance with the standards adopted pursuant to NRS 445A.855. The test must be performedby a laboratory certified by the State Environmental Commission pursuant to NRS 445A.863.

4. Upon receipt of the results of a test performedpursuant to subsection 3, the landlord shall prepare or cause to be prepared areport on the quality of the water that is supplied to the tenants of themanufactured home park. The report must be accurately based upon the results ofthe test and prepared in accordance with the standards adopted by the StateEnvironmental Commission pursuant to NRS445A.855 for similar reports by community water systems. The landlord shallpost a copy of the most current report in accordance with subsection 1 andshall deliver a copy of each such report to the State Environmental Commission.

5. As used in this section, community water systemhas the meaning ascribed to it in NRS445A.808.

(Added to NRS by 2001, 1938; A 2005, 558)

NRS 118B.080 Landlordto disclose certain information regarding owner and manager or assistantmanager of park and agent for service of process; landlord to post or providenotice regarding office hours or landlords availability at park.

1. The landlord shall disclose in writing to eachtenant the:

(a) Name, address and telephone number of the owner andmanager or assistant manager of the manufactured home park; and

(b) Name and address of a person authorized to receiveservice of process for the landlord,

and anychange thereof.

2. The information must be furnished in writing toeach new tenant on or before the commencement of his tenancy and to eachexisting tenant.

3. A landlord shall post, or provide to each tenant,the office hours or landlords availability at the park location.

(Added to NRS by 1977, 1447; A 1983, 1356; 1987, 979;1989, 1793; 2001,1174; 2003, 2473)

NRS 118B.085 Noticeto Division of certain information about landlord, manager and assistant manager;Division to provide provisions of chapter to landlord, manager and assistantmanager.

1. A landlord shall notify the Division, in writing,of his correct name, address and telephone number. If the landlord has employeda manager or assistant manager, or both, he shall also notify the Division, inwriting, of the name, address and telephone number of any such manager andassistant manager of his park. After the initial notification, the landlordshall also send notice of the information required pursuant to this subsectionwithin 45 days after:

(a) Buying the park.

(b) Opening the park for occupancy.

(c) Changing managers or assistant managers.

(d) Changing his name, address or telephone number.

2. Upon receiving the notice required by subsection 1,the Administrator shall send the landlord, manager and assistant manager, asapplicable, the text of the provisions of this chapter and a form upon whichthe landlord, manager and assistant manager, as applicable, shall acknowledgethat each has received those provisions and has read them. The landlord,manager and assistant manager, as applicable, shall return the acknowledgedform to the Administrator within 10 days after receiving it.

(Added to NRS by 1985, 1504; A 1987, 979; 1991, 2274;1997, 189)

NRS 118B.086 Continuingeducation of managers and assistant managers: Applicability; requirements;regulations; approval of courses.

1. Each manager and assistant manager of amanufactured home park which has 2 or more lots shall complete annually 6 hoursof continuing education relating to the management of a manufactured home park.

2. The Administrator shall adopt regulationsspecifying the areas of instruction for the continuing education required bysubsection 1.

3. The instruction must include, but is not limitedto, information relating to:

(a) The provisions of chapter118B of NRS;

(b) Leases and rental agreements;

(c) Unlawful detainer and eviction as set forth in NRS 40.215 to 40.425, inclusive;

(d) The resolution of complaints and disputesconcerning landlords and tenants of manufactured home parks; and

(e) The adoption and enforcement of the rules andregulations of a manufactured home park.

4. Each course of instruction and the instructor ofthe course must be approved by the Administrator. The Administrator shall adoptregulations setting forth the procedure for applying for approval of aninstructor and course of instruction. The Administrator may require submissionof such reasonable information by an applicant as he deems necessary todetermine the suitability of the instructor and the course. The Administratorshall not approve a course if the fee charged for the course is not reasonable.Upon approval, the Administrator shall designate the number of hours of creditallowable for the course.

(Added to NRS by 1991, 1320; A 2001, 1174; 2003, 2473)

NRS 118B.087 Continuingeducation of managers and assistant managers: Regions for provision of courses;assessment of manufactured home parks for portion of costs of course.

1. There are hereby created two regions to providecourses of continuing education pursuant to NRS118B.086. One region is the northern region consisting of the counties ofWashoe, Storey, Douglas, Lyon, Churchill, Pershing, Humboldt, Lander, Elko,Eureka, Mineral, White Pine and Carson City, and one region is the southernregion consisting of the counties of Lincoln, Nye, Esmeralda and Clark.

2. The person who applied for approval of a course orhis designee shall notify the Administrator of the date and location each timethe course is offered, as soon as practicable after scheduling the course.

3. The Administrator shall ensure that a course ofcontinuing education is offered at least every 6 months in each region. If theAdministrator finds that no approved course will be offered to meet therequirements of this subsection, he shall offer the course and charge areasonable fee for each person enrolled in the course.

4. If the fees collected by the Administrator for thecourse do not cover the cost of offering the course, the Administrator shalldetermine the difference between the fees collected and the cost of offeringthe course, divide that amount by the number of manufactured home parks whichhave 2 lots or more in the region in which the course was held and assess thatamount to each landlord of such a manufactured home park. The landlord shallpay the assessment within 30 days after it was mailed by the Administrator.

(Added to NRS by 1991, 1320; A 2001, 1175; 2003, 2474)

NRS 118B.088 Continuingeducation of managers and assistant managers: Certificate of completion ofcourse.

1. Each instructor of a course shall furnish to eachperson who completes the course required by NRS118B.086 a certificate of completion. The certificate must include:

(a) The name and address of the participant;

(b) The name of the instructor of the course;

(c) The name of the landlord of the manufactured homepark who employs the participant and the address of the park, if theparticipant is employed as a manager or assistant manager of a manufacturedhome park on the date of completion of the course;

(d) The number of hours of instruction completed; and

(e) The date the course was completed.

2. Each instructor shall furnish to the Administratorthe information included in each certificate of completion he issues within 30days after the course is completed.

(Added to NRS by 1991, 1321; A 2001, 1175)

NRS 118B.089 Continuingeducation of managers and assistant managers: Fine for employing manager orassistant manager who has not completed course.

1. The Administrator may impose a fine of not morethan $500 against a landlord of a manufactured home park who employs a manageror assistant manager who has not completed the course of continuing educationrequired by NRS 118B.086.

2. The Administrator shall, before imposing the fine,notify the landlord of the manufactured home park by certified mail that hewill impose the fine unless the landlord, within 30 days after the notice ismailed, shows cause why the fine should not be imposed.

3. If the Administrator imposes the fine, he shallnotify the landlord of the manufactured home park by certified mail.

4. The imposition of a fine pursuant to this sectionis a final decision for the purposes of judicial review.

(Added to NRS by 1991, 1321; A 2001, 1176)

NRS 118B.090 Responsibilitiesof landlord: Maintenance of common areas, facilities, appliances, mail boxes,driveways and sidewalks; snow removal. Thelandlord shall:

1. Maintain all common areas of the park in a cleanand safe condition;

2. Maintain in good working order all electrical,plumbing and sanitary facilities, appliances and recreational facilities whichhe furnishes;

3. Maintain in a safe and secure location individualmail boxes for the tenants if the mail is delivered to the landlord fordistribution to the tenants;

4. Maintain all driveways within the park andsidewalks adjacent to the street; and

5. Remove snow from the sidewalks and streets withinthe park, and from sidewalks adjacent to the street.

(Added to NRS by 1977, 1447; A 1983, 1356; 1987, 980;1989, 1793; 1997, 2983; 1999, 3190)

NRS 118B.095 Landlordto authorize or contract for repairs; contract for emergency repairs; notice;exceptions.

1. The landlord shall authorize each manager andassistant manager to make repairs himself or enter into a contract with a thirdparty for the repairs. If the repairs are subject to the provisions of NRS 118B.097, the repairs must be made incompliance with the provisions of that section.

2. Except as otherwise provided in subsection 3, themanager shall contract with a third party to provide emergency repairs for thetenants on the occasions when the manager and assistant manager are notphysically present in the park. The manager shall notify each tenant of thetelephone number of the third party who will make the repairs, and direct thetenants to call him when an emergency repair is needed and the manager andassistant manager are not physically present in the park. The telephone numberso provided must be that of the third party directly. The provision of thetelephone number of an answering service does not fulfill this requirement. Ifthe manager or assistant manager is present in the park, any request forrepairs must be made to him and not the third party.

3. The provisions of subsection 2 do not apply to amanufactured home park that is owned by:

(a) A nonprofit organization; or

(b) A housing authority,

if thenonprofit organization or housing authority has established an alternativemethod to provide emergency repairs for tenants in a timely manner.

4. As used in this section, repairs means onlyrepairs to the property of the owner of the manufactured home park.

(Added to NRS by 1987, 977; A 1997, 1100; 2001, 1176; 2005, 2327)

NRS 118B.097 Licensedor certified person required to perform certain repairs. If a repair to a manufactured home may affect life, healthor safety and the repair may be performed legally only by a person who isqualified by licensure or certification to perform such a repair:

1. A person shall not perform the repair unless he hassuch qualifications; and

2. A tenant or a landlord, or his agent or employee, shallnot allow a third party to perform the repair if he knows or, in light of allthe surrounding facts and circumstances, reasonably should know that the thirdparty does not have such qualifications.

(Added to NRS by 2005, 2326)

NRS 118B.100 Rulesand regulations of park.

1. The landlord may adopt rules or regulationsconcerning the tenants use and occupancy of the manufactured home lot and thegrounds, areas and facilities of the manufactured home park held out for theuse of tenants generally.

2. All such rules or regulations must be:

(a) Reasonably related to the purpose for which theyare adopted;

(b) Sufficiently explicit in their prohibition,direction or limitation to inform the tenant of what he must do or not do for compliance;

(c) Adopted in good faith and not for the purpose ofevading any obligation of the landlord arising under the law;

(d) Consistent with the provisions of this chapter anda general plan of operation, construction or improvement, and must not arbitrarilyrestrict conduct or require any capital improvement by the tenant which is notspecified in the rental agreement or unreasonably require a change in anycapital improvement made by the tenant and previously approved by the landlordunless the landlord can show that it is in the best interest of the othertenants; and

(e) Uniformly enforced against all tenants in the park,including the managers. Any rule or regulation which is not so uniformlyenforced may not be enforced against any tenant.

3. No rule or regulation may be used to impose anyadditional charge for occupancy of a manufactured home lot or modify the termsof a rental agreement.

4. Except as otherwise provided in subsection 5, arule or regulation is enforceable against the tenant only if he has notice ofit at the time he enters into the rental agreement. A rule or regulationadopted or amended after the tenant enters into the rental agreement is notenforceable unless the tenant consents to it in writing or is given 60 daysnotice of it in writing. The landlord may not adopt or amend a rule or regulationof the park unless a meeting of the tenants is held to discuss the proposal andthe landlord provides each tenant with notice of the proposal and the date,time and place of the meeting not less than 60 days before the meeting. Thenotice must include a copy of the proposed adoption or amendment of the rule orregulation. A notice in a periodic publication of the park does not constitutenotice for the purposes of this subsection.

5. A rule or regulation pertaining to recreationalfacilities in the manufactured home park must be in writing to be enforceable.

6. As used in this section, capital improvementmeans an addition or betterment made to a manufactured home located on a lot ina manufactured home park which is leased by the landlord that:

(a) Consists of more than the repair or replacement ofan existing facility;

(b) Is required by federal law to be amortized over itsuseful life for the purposes of income tax; and

(c) Has a useful life of 5 years or more.

(Added to NRS by 1975, 784; A 1977, 1450; 1979, 1873;1981, 2032; 1983, 1356; 1987, 980; 1989, 1793; 1991, 2275; 1995, 2753; 2001, 1176)

NRS 118B.110 Landlordto meet with representative group of tenants under certain circumstances;notice; persons required to attend for landlord; attendance by attorneys;attendance by Administrator or his representative.

1. The landlord shall meet with a representative groupof tenants occupying the park, chosen by the tenants, to hear any complaints orsuggestions which concern a matter relevant to the park within 45 days after hereceives a written request to do so which has been signed by persons occupyingat least 25 percent of the lots in the park. The 25 percent must be calculatedon the basis of one signature per occupied lot. The meeting must be held at atime and place which is convenient to the landlord and the tenants. Therepresentative group of tenants must consist of no more than five persons.

2. At least 10 days before any meeting is heldpursuant to this section, the landlord or his agent shall post a notice of themeeting in a conspicuous place in a common area of the park.

3. If the landlord is a:

(a) Sole proprietorship, the owner or an authorizedagent or representative designated by the owner who has working knowledge ofthe operations of the park and authority to make decisions shall meet with thetenants.

(b) Partnership, a partner who has working knowledge ofthe operations of the park and authority to make decisions shall meet with thetenants.

(c) Corporation, an officer designated by thecorporation who has working knowledge of the operations of the park andauthority to make decisions shall meet with the tenants.

4. If an attorney for the landlord attends a meetingheld pursuant to this section, the landlord shall not prohibit the group oftenants from being represented by an attorney at that meeting.

5. If the landlord of a manufactured home park is acooperative association or a corporation for public benefit, the landlord shallprovide a notice of the meeting to the Administrator and the Administrator orhis representative shall attend the meeting.

6. As used in this section:

(a) Cooperative association means an associationformed pursuant to the provisions of NRS81.170 to 81.270, inclusive.

(b) Corporation for public benefit has the meaningascribed to it in NRS 82.021.

(Added to NRS by 1983, 1355; A 1985, 2218; 1987, 981,982; 1989, 1794; 1995, 2754; 2001, 1177, 1939; 2005, 1598)

NRS 118B.115 Writtenconsent may be required before manufactured home or recreational vehicle ismoved into park; remedies if written consent is not obtained; exception.

1. The landlord of a manufactured home park mayrequire that a person submit a written application to and receive writtenconsent from the landlord before the person moves or causes to be moved amanufactured home or recreational vehicle into the manufactured home park. Thelandlord shall not unreasonably withhold his consent.

2. If the landlord of a manufactured home parkrequires written consent pursuant to subsection 1, the landlord shall post andmaintain a sign that is clearly readable at the entrance to the manufacturedhome park which advises the reader of the consent that is required before aperson may move or cause to be moved a manufactured home or recreationalvehicle into the manufactured home park.

3. If a person moves or causes to be moved amanufactured home or recreational vehicle into the manufactured home parkwithout the written consent of the landlord, if the landlord requires suchconsent pursuant to subsection 1, the landlord of that manufactured home parkmay:

(a) After providing at least 5 days written notice tothe person, bring an action for an unlawful detainer in the manner prescribedin chapter 40 of NRS; or

(b) Require the person to sign a rental agreement. Ifthe person refuses to sign the rental agreement within 5 days after such arequest, the landlord may, after providing at least 5 days written notice tothe person, bring an action for an unlawful detainer in the manner provided in chapter 40 of NRS.

4. For the purposes of NRS 40.251, a person who moves or causes tobe moved a manufactured home or recreational vehicle into a manufactured homepark without the written consent of the landlord, if the landlord requires suchconsent pursuant to subsection 1, shall be deemed a tenant at will and a lesseeof the manufactured home park.

5. The provisions of this section do not apply to acorporate cooperative park.

(Added to NRS by 2001, 1937)

NRS 118B.120 Maintenanceof tenants lot; removal of unoccupied manufactured home; reimbursement forcost of maintenance.

1. The landlord or his agent or employee may:

(a) Require that the tenant landscape and maintain thetenants lot if the landlord advises the tenant in writing of reasonablerequirements for the landscaping.

(b) If the tenant does not comply with the provisionsof paragraph (a), maintain the tenants lot and charge the tenant a service feefor the actual cost of that maintenance.

(c) Require that the manufactured home be removed fromthe park if it is unoccupied for more than 90 consecutive days and the tenantor dealer is not making good faith and diligent efforts to sell it.

2. The landlord shall maintain, in the manner requiredfor the other tenants, any lot on which is located a manufactured home withinthe park which has been repossessed, abandoned or held for rent or taxes. Thelandlord is entitled to reimbursement for the cost of that maintenance from therepossessor or lienholder or from the proceeds of any sale for taxes, as thecase may be.

3. The landlord shall trim all the trees locatedwithin the park and dispose of the trimmings from those trees absent a writtenvoluntary assumption of that duty by the tenant for trees on the tenants lot.

4. For the purposes of this section, a manufacturedhome shall be deemed to be abandoned if:

(a) It is located on a lot in a manufactured home park,other than a cooperative park, for which no rent has been paid for at least 60days;

(b) It is unoccupied; and

(c) The manager of the manufactured home parkreasonably believes it to be abandoned.

(Added to NRS by 1981, 2029; A 1985, 2218; 1987, 982;1991, 2275; 1995, 2755; 1999, 3190; 2001, 1178, 1940; 2005, 1598)

NRS 118B.125 Tenantto secure approval of landlord before beginning construction that requiresbuilding permit. A tenant shall secure theapproval of his landlord before beginning construction of any improvement oraddition to his manufactured home or lot which requires a building permitissued by a local government.

(Added to NRS by 1991, 2270; A 2001, 1178)

NRS 118B.130 Restrictionson tenants: Obligations of landlord before change; notice.

1. A landlord may not change:

(a) An existing park to a park for older personspursuant to federal law unless the tenants who do not meet those restrictionsand may lawfully be evicted are moved to other parks at the expense of the landlord;or

(b) The restriction of a park for older personspursuant to federal law unless the tenants are given the option of remaining intheir spaces or moving to other parks at the expense of the landlord.

2. A tenant who elects to move pursuant to a provisionof subsection 1 must give the landlord notice in writing of his election tomove within 75 days after receiving notice of the change in restrictions in thepark. If a landlord is required to move a tenant to another park pursuant tosubsection 1, he shall pay:

(a) The cost of moving the tenants manufactured homeand its appurtenances to a new location within 50 miles from the manufacturedhome park; or

(b) If the new location is more than 50 miles from themanufactured home park, the cost of moving the manufactured home for the first50 miles,

includingfees for inspection, any deposits for connecting utilities and the cost oftaking down, moving, setting up and leveling his manufactured home and its appurtenancesin the new lot or park.

3. A landlord of a park in which restrictions havebeen or are being changed shall give written notice of the change to each:

(a) Tenant of the park who does not meet the newrestrictions.

(b) Prospective tenant before the commencement of thetenancy.

(Added to NRS by 1981, 2029; A 1987, 982; 1991, 2276;2001, 1178)

NRS 118B.140 Prohibitedpractices by landlord: Requiring or inducing purchase of manufactured home;charges.

1. Except as otherwise provided in subsection 2, thelandlord or his agent or employee shall not:

(a) Require a person to purchase a manufactured homefrom him or any other person as a condition to renting a manufactured home lotto the purchaser or give an adjustment of rent or fees, or provide any otherincentive to induce the purchase of a manufactured home from him or any otherperson.

(b) Charge or receive:

(1) Any entrance or exit fee for assuming orleaving occupancy of a manufactured home lot.

(2) Any transfer or selling fee or commission asa condition to permitting a tenant to sell his manufactured home orrecreational vehicle within the manufactured home park, even if themanufactured home or recreational vehicle is to remain within the park, unlessthe landlord is licensed as a dealer of manufactured homes pursuant to NRS 489.311 and has acted as the tenantsagent in the sale pursuant to a written contract.

(3) Any fee for the tenants spouse or children.

(4) Any fee for pets kept by a tenant in thepark. If special facilities or services are provided, the landlord may alsocharge a fee reasonably related to the cost of maintenance of the facility orservice and the number of pets kept in the facility.

(5) Any additional service fee unless thelandlord provides an additional service which is needed to protect the healthand welfare of the tenants, and written notice advising each tenant of theadditional fee is sent to the tenant 90 days in advance of the first payment tobe made, and written notice of the additional fee is given to prospectivetenants on or before commencement of their tenancy. A tenant may only berequired to pay the additional service fee for the duration of the additionalservice.

(6) Any fee for a late monthly rental paymentwithin 4 days after the date the rental payment is due or which exceeds $5 foreach day, excluding Saturdays, Sundays and legal holidays, which the payment isoverdue, beginning on the day after the payment was due. Any fee for latepayment of charges for utilities must be in accordance with the requirementsprescribed by the Public Utilities Commission of Nevada.

(7) Any fee, surcharge or rent increase torecover from his tenants the costs resulting from converting from amaster-metered water system to individual water meters for each manufacturedhome lot.

(8) Any fee, surcharge or rent increase torecover from his tenants any amount that exceeds the amount of the cost for agovernmentally mandated service or tax that was paid by the landlord.

2. Except for the provisions of subparagraphs (3),(4), (6) and (8) of paragraph (b) of subsection 1, the provisions of thissection do not apply to a corporate cooperative park.

(Added to NRS by 1975, 784; A 1977, 1450; 1979, 1874;1981, 1237, 1846, 1856, 2032; 1989, 1794; 1995, 919; 1997, 1963; 1999, 3191; 2001, 1179, 1940)

NRS 118B.143 Prohibitedpractices by landlord: Right of tenant to display flag of the United States incertain areas; conditions and limitations on exercise of right.

1. Except as otherwise provided in subsection 2, alandlord or an agent or employee of a landlord shall not prohibit a tenant fromengaging in the display of the flag of the United States within the boundary ofthe lot of the tenant.

2. The provisions of this section do not:

(a) Apply to the display of the flag of the UnitedStates for commercial advertising purposes.

(b) Preclude a landlord or an agent or employee of alandlord from adopting rules that reasonably restrict the placement and mannerof the display of the flag of the United States by a tenant.

3. In any action commenced to enforce the provisionsof this section, the prevailing party is entitled to recover reasonableattorneys fees and costs.

4. As used in this section, display of the flag ofthe United States means a flag of the United States that is:

(a) Made of cloth, fabric or paper;

(b) Displayed from a pole or staff or in a window; and

(c) Displayed in a manner that is consistent with 4U.S.C. Chapter 1.

The termdoes not include a depiction or emblem of the flag of the United States that ismade of balloons, flora, lights, paint, paving materials, roofing, siding orany other similar building, decorative or landscaping component.

(Added to NRS by 2003, 2969)

NRS 118B.145 Prohibitedpractices by landlord: Right of tenant to exhibit political signs in certainareas; conditions and limitations on exercise of right.

1. Except as otherwise provided in this subsection, alandlord or an agent or employee of a landlord shall not prohibit a tenant fromexhibiting a political sign not larger than 24 inches by 36 inches within theboundary of the lot of the tenant. The restriction placed on a landlord or anagent or an employee of a landlord relative to a political sign is applicable onlyuntil 7 days after the general or special election for the office or ballotquestion to which the sign relates.

2. As used in this section, political sign means asign, display or device that:

(a) Expresses support for or opposition to a candidate,political party or ballot question; or

(b) Otherwise relates to a political campaign orelection.

(Added to NRS by 1999, 2046)

NRS 118B.150 Prohibitedpractices by landlord: Rent and additional charges; payments for improvements;meetings; utility services; guests; fences; dues for associations of members;public officers or candidates; trimming of trees.

1. Except as otherwise provided in subsections 2 and3, the landlord or his agent or employee shall not:

(a) Increase rent or additional charges unless:

(1) The rent charged after the increase is thesame rent charged for manufactured homes of the same size or lots of the samesize or of a similar location within the park, including, without limitation,manufactured homes and lots which are held pursuant to a long-term lease,except that a discount may be selectively given to persons who:

(I) Are handicapped;

(II) Are 55 years of age or older;

(III) Are long-term tenants of the park ifthe landlord has specified in the rental agreement or lease the period oftenancy required to qualify for such a discount;

(IV) Pay their rent in a timely manner; or

(V) Pay their rent by check, money orderor electronic means;

(2) Any increase in additional charges forspecial services is the same amount for each tenant using the special service;and

(3) Written notice advising a tenant of the increaseis received by the tenant 90 days before the first payment to be increased andwritten notice of the increase is given to prospective tenants beforecommencement of their tenancy. In addition to the notice provided to a tenantpursuant to this subparagraph, if the landlord or his agent or employee knowsor reasonably should know that the tenant receives assistance from the Fundcreated pursuant to NRS 118B.215, thelandlord or his agent or employee shall provide to the Administrator writtennotice of the increase 90 days before the first payment to be increased.

(b) Require a tenant to pay for an improvement to thecommon area of a manufactured home park unless the landlord is required to makethe improvement pursuant to an ordinance of a local government.

(c) Require a tenant to pay for a capital improvementto the manufactured home park unless the tenant has notice of the requirementat the time he enters into the rental agreement. A tenant may not be requiredto pay for a capital improvement after the tenant enters into the rentalagreement unless the tenant consents to it in writing or is given 60 daysnotice of the requirement in writing. The landlord may not establish such a requirementunless a meeting of the tenants is held to discuss the proposal and thelandlord provides each tenant with notice of the proposal and the date, timeand place of the meeting not less than 60 days before the meeting. The noticemust include a copy of the proposal. A notice in a periodic publication of thepark does not constitute notice for the purposes of this paragraph.

(d) Require a tenant to pay his rent by check or moneyorder.

(e) Require a tenant who pays his rent in cash to applyany change to which he is entitled to the next periodic payment that is due.The landlord or his agent or employee shall have an adequate amount of moneyavailable to provide change to such a tenant.

(f) Prohibit or require fees or deposits for anymeetings held in the parks community or recreational facility by the tenantsor occupants of any manufactured home or recreational vehicle in the park todiscuss the parks affairs, or any political meeting sponsored by a tenant, ifthe meetings are held at reasonable hours and when the facility is nototherwise in use, or prohibit the distribution of notices of those meetings.

(g) Interrupt, with the intent to terminate occupancy,any utility service furnished the tenant except for nonpayment of utilitycharges when due. Any landlord who violates this paragraph is liable to thetenant for actual damages.

(h) Prohibit a tenant from having guests, but he mayrequire the tenant to register the guest within 48 hours after his arrival,Sundays and legal holidays excluded, and if the park is a secured park, a guestmay be required to register upon entering and leaving.

(i) Charge a fee for a guest who does not stay with thetenant for more than a total of 60 days in a calendar year. The tenant of amanufactured home lot who is living alone may allow one other person to live inhis home without paying an additional charge or fee, unless such a livingarrangement constitutes a violation of chapter 315of NRS. No agreement between a tenant and his guest alters or varies the termsof the rental contract between the tenant and the landlord, and the guest is subjectto the rules and regulations of the landlord.

(j) Prohibit a tenant from erecting a fence on thetenants lot if the fence complies with any standards for fences established bythe landlord, including limitations established for the location and height offences, the materials used for fences and the manner in which fences are to beconstructed.

(k) Prohibit any tenant from soliciting membership inany association which is formed by the tenants who live in the park. As used inthis paragraph, solicit means to make an oral or written request formembership or the payment of dues or to distribute, circulate or post a noticefor payment of those dues.

(l) Prohibit a public officer, candidate for publicoffice or the representative of a public officer or candidate for public officefrom walking through the park to talk with the tenants or distribute politicalmaterial.

(m) If a tenant has voluntarily assumed responsibilityto trim the trees on his lot, require the tenant to trim any particular treelocated on the lot or dispose of the trimmings unless a danger or hazardexists.

2. The landlord is entitled to require a securitydeposit from a tenant who wants to use the manufactured home parks clubhouse,swimming pool or other park facilities for the tenants exclusive use. Thelandlord may require the deposit at least 1 week before the use. The landlordshall apply the deposit to costs which occur due to damage or cleanup from thetenants use within 1 week after the use, if any, and shall, on or before theeighth day after the use, refund any unused portion of the deposit to thetenant making the deposit. The landlord is not required to place such a depositinto a financial institution or to pay interest on the deposit.

3. The provisions of paragraphs (a), (b), (c), (j) and(m) of subsection 1 do not apply to a corporate cooperative park.

4. As used in this section, long-term lease means arental agreement or lease the duration of which exceeds 12 months.

(Added to NRS by 1981, 2028; A 1983, 1357; 1985,2219; 1987, 983; 1989, 1795; 1991, 2277; 1995, 2755; 1997, 790, 1101, 2984; 1999, 3192; 2001, 1180, 1941; 2003, 2474; 2005, 1599)

NRS 118B.153 Reductionof rent upon decrease or elimination of service, utility or amenity.

1. Except as otherwise provided in subsection 2, theamount of rent charged a tenant for a service, utility or amenity upon movinginto the manufactured home park must be reduced proportionately when theservice, utility or amenity is decreased or eliminated by the landlord. Thelandlord may not increase the rent to recover the lost revenue.

2. The provisions of this section do not apply to acorporate cooperative park.

(Added to NRS by 1987, 981; A 1989, 1796; 2001, 1181, 1943)

NRS 118B.154 Connectionof utilities; reports of violations.

1. A tenant or a landlord, or his agent or employee, shallnot make any connection of electricity, water, natural gas or propane to amanufactured home except as authorized by law.

2. An employee of the Division who has cause tobelieve that a tenant or a landlord, or his agent or employee, has violatedsubsection 1 shall report the suspected violation to:

(a) The Administrator; and

(b) The appropriate utility.

(Added to NRS by 2005, 2326)

NRS 118B.155 Landlordto post or provide certain information regarding utility bills. If a landlord bills a tenant individually for utilitycharges derived from a utility bill for the manufactured home park whichrepresents utility usage for multiple tenants, the landlord shall post in aconspicuous and readily accessible place in the community or recreationalfacility in the manufactured home park or other commonarea in the manufactured home park, or provide to each tenant who is individuallybilled for the utility charges:

1. A copy of the utility bill for the park; and

2. A statement indicating the portion of the utility billfor which each tenant is responsible.

(Added to NRS by 2005, 1597, 2326)

NRS 118B.157 Noticeto tenants of interruption of utility or service. Alandlord must give his tenants at least 24 hours notice in writing whenplanned repairs of a utility or a service which the manufactured home parkprovides will cause interruption of the utility or service.

(Added to NRS by 1987, 981; A 2001, 1181)

NRS 118B.160 Prohibitedpractices by landlord: Sale of manufactured home or recreational vehicle bytenant; subleasing of lots by tenants; additions by tenant to manufacturedhome; purchase of manufactured home within park by landlord.

1. Except as otherwise provided in subsection 2, thelandlord or his agent or employee shall not:

(a) Deny any tenant the right to sell his manufacturedhome or recreational vehicle within the park or require the tenant to removethe manufactured home or recreational vehicle from the park solely on the basisof the sale, except as otherwise provided in NRS 118B.170.

(b) Prohibit any tenant desiring to sell hismanufactured home or recreational vehicle within the park from advertising thelocation of the home or vehicle and the name of the manufactured home park orprohibit the tenant from displaying at least one sign of reasonable sizeadvertising the sale of the home or vehicle.

(c) Require that he be an agent of an owner of amanufactured home or recreational vehicle who desires to sell the home orvehicle.

(d) Unless subleasing of lots is prohibited by a rentalagreement or lease, prohibit a tenant from subleasing his manufactured home lotif the prospective subtenant meets the general requirements for tenancy in thepark.

(e) Require a tenant to make any additions to hismanufactured home unless those additions are required by an ordinance of alocal government.

(f) Purchase a manufactured home within the park if hehas denied:

(1) A tenant the right to sell that manufacturedhome; or

(2) A prospective buyer the right to purchasethat manufactured home.

2. The provisions of this section do not apply to acorporate cooperative park.

(Added to NRS by 1981, 2029; A 1989, 1796; 1995,2756; 1997, 2985; 2001,1181, 1943)

NRS 118B.170 Rightsand duties of landlord concerning sale of manufactured home or recreationalvehicle located in park.

1. The landlord may require approval of a prospectivebuyer and tenant before the sale of a tenants manufactured home orrecreational vehicle, if the manufactured home or vehicle will remain in thepark. The landlord shall consider the record, if any, of the prospective buyerand tenant concerning the payment of rent. The landlord shall not unreasonablywithhold his consent.

2. If a tenant sells his manufactured home orrecreational vehicle, the landlord may require that the manufactured home orrecreational vehicle be removed from the park if it is deemed by the parkswritten rules or regulations in the possession of the tenants to be in arun-down condition or in disrepair or does not meet the safety standards setforth in NRS 461A.120. If themanufactured home must be inspected to determine compliance with the standards,the person requesting the inspection shall pay for it.

3. If the landlord requires the approval of aprospective buyer and tenant, he shall:

(a) Post and maintain a sign which is clearly readableat the entrance to the park which advises the reader that before a manufacturedhome in the park is sold, the prospective buyer must be approved by thelandlord.

(b) Approve or deny a completed application from aprospective buyer and tenant within 10 business days after the date of thesubmission of the application.

(c) Inform the prospective buyer and tenant upon thesubmission of the completed application of the duty of the landlord to approveor deny the completed application within 10 business days after the date ofsubmission of the completed application.

4. If the landlord requires the approval of aprospective buyer and tenant of a manufactured home or recreational vehicle andthe manufactured home or recreational vehicle is sold without the approval ofthe landlord, the landlord may:

(a) After providing at least 5 days written notice tothe buyer and tenant, bring an action for an unlawful detainer in the mannerprescribed in chapter 40 of NRS; or

(b) Require the buyer and tenant to sign a rentalagreement. If the buyer and tenant refuse to sign the rental agreement within 5days after such a request, the landlord may, after providing at least 5 dayswritten notice to the buyer and tenant, bring an action for an unlawfuldetainer in the manner provided in chapter 40of NRS.

5. For the purposes of NRS 40.251, a person who:

(a) Purchases a manufactured home or recreationalvehicle from a tenant of a manufactured home park which will remain in thepark;

(b) Was required to be approved by the landlord of themanufactured home park before the sale of the manufactured home or recreationalvehicle; and

(c) Was not approved by the landlord before hepurchased that manufactured home or recreational vehicle,

shall bedeemed a tenant at will and a lessee of the manufactured home park.

6. The provisions of this section do not apply to acorporate cooperative park.

(Added to NRS by 1975, 784; A 1979, 1875; 1981, 1847,2034; 1985, 2219; 1987, 984; 1991, 2277; 1999, 3193; 2001, 1182, 1944; 2005, 1601)

NRS 118B.173 Noticeof listing of park for sale; entitlement to notice.

1. Any landlord who lists a manufactured home park orany part of a manufactured home park for sale with a licensed real estatebroker shall not less than 10 days nor more than 30 days before listing thepark for sale, mail written notice of that listing to any association oftenants of the park that requested the notice. A landlord is not required toprovide notice of a listing for sale that is not initiated by the owner of thepark or his authorized agent.

2. To receive the notice required by subsection 1, anassociation of tenants of a manufactured home park shall:

(a) Submit to the landlord a written request for thatnotice;

(b) Furnish the landlord with a written list of thenames and addresses of three members of the association; and

(c) Give written notice to the landlord that thetenants of the park are interested in buying the park and renew that notice atleast once each year after the initial notice.

3. The provisions of this section do not apply to acorporate cooperative park.

(Added to NRS by 1987, 930; A 2001, 1183, 1945)

NRS 118B.177 Obligationsof landlord before closure of park: Liability for payment of cost of moving orfair market value of manufactured home; notices; restrictions regardingincrease in rent.

1. If a landlord closes a manufactured home park, orif a landlord is forced to close a manufactured home park because of a validorder of a state or local governmental agency or court requiring the closure ofthe manufactured home park permanently for health or safety reasons, thelandlord shall pay the amount described in subsection 2 or 3, in accordancewith the choice of the tenant.

2. If the tenant chooses to move the manufacturedhome, the landlord shall pay to the tenant:

(a) The cost of moving each tenants manufactured homeand its appurtenances to a new location within 50 miles from the manufacturedhome park; or

(b) If the new location is more than 50 miles from themanufactured home park, the cost of moving the manufactured home for the first50 miles,

includingfees for inspection, any deposits for connecting utilities, and the cost oftaking down, moving, setting up and leveling the manufactured home and its appurtenancesin the new lot or park.

3. If the tenant chooses not to move the manufacturedhome, the manufactured home cannot be moved without being structurally damaged,or there is no manufactured home park within 50 miles that is willing to acceptthe manufactured home, the landlord:

(a) May remove and dispose of the manufactured home;and

(b) Shall pay to the tenant the fair market value ofthe manufactured home less the reasonable cost of removing and disposing of themanufactured home.

4. Written notice of any closure must be served timelyon each:

(a) Tenant in the manner provided in NRS 40.280, giving the tenant at least 180days after the date of the notice before he is required to move hismanufactured home from the lot.

(b) Prospective tenant by:

(1) Handing each prospective tenant or his agenta copy of the written notice; and

(2) Maintaining a copy of the written notice atthe entrance of the manufactured home park.

5. For the purposes of this section, the fair marketvalue of a manufactured home and the reasonable cost of removing and disposingof a manufactured home must be determined by:

(a) A dealer licensed pursuant to chapter 489 of NRS who is agreed upon by thelandlord and tenant; or

(b) If the landlord and tenant cannot agree pursuant toparagraph (a), a dealer licensed pursuant to chapter489 of NRS who is selected for this purpose by the Division.

6. A landlord shall not increase the rent of a tenantafter notice is served on the tenant as required by subsection 4.

7. As used in this section, timely means not laterthan 3 days after the landlord learns of a closure.

(Added to NRS by 1987, 931; A 1989, 1796; 1991, 2278;2001, 1183; 2003, 2476; 2005, 1602, 2327)

NRS 118B.180 Obligationsof landlord for conversion of park into lots: Notices; offers to sell lots;liability for payment of cost of moving manufactured home.

1. A landlord may convert an existing manufacturedhome park into individual manufactured home lots for sale to manufactured homeowners if the change is approved by the appropriate local zoning board,planning commission or governing body. In addition to any other reasons, alandlord may apply for such approval if the landlord is forced to close themanufactured home park because of a valid order of a state or localgovernmental agency or court requiring the closure of the manufactured homepark for health or safety reasons.

2. The landlord may undertake a conversion pursuant tothis section only if:

(a) The landlord gives notice in writing to each tenantwithin 5 days after he files his application for the change in land use withthe local zoning board, planning commission or governing body;

(b) The landlord offers, in writing, to sell the lot tothe tenant at the same price the lot will be offered to the public and holdsthat offer open for at least 90 days or until the landlord receives a writtenrejection of the offer from the tenant, whichever occurs earlier;

(c) The landlord does not sell the lot to a personother than the tenant for 90 days after the termination of the offer requiredpursuant to paragraph (b) at a price or on terms that are more favorable thanthe price or terms offered to the tenant;

(d) If a tenant does not exercise his option topurchase the lot pursuant to paragraph (b), the landlord pays:

(1) The cost of moving the tenants manufacturedhome and its appurtenances to a comparable location within 50 miles from themanufactured home park; or

(2) If the new location is more than 50 milesfrom the manufactured home park, the cost of moving the manufactured home forthe first 50 miles,

includingfees for inspection, any deposits for connecting utilities and the cost oftaking down, moving, setting up and leveling his manufactured home and its appurtenancesin the new lot or park; and

(e) After the landlord is granted final approval of thechange by the appropriate local zoning board, planning commission or governingbody, notice in writing is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180days after the date of the notice before he is required to move his manufacturedhome from the lot.

3. Notice sent pursuant to paragraph (a) of subsection2 or an offer to sell a manufactured home lot to a tenant required pursuant toparagraph (b) of subsection 2 does not constitute notice of termination of thetenancy.

4. Upon the sale of a manufactured home lot and amanufactured home which is situated on that lot, the landlord shall indicatewhat portion of the purchase price is for the manufactured home lot and whatportion is for the manufactured home.

5. The provisions of this section do not apply to acorporate cooperative park.

(Added to NRS by 1981, 2030; A 1985, 620; 1987, 931;1989, 1796; 1991, 2278; 2001, 1183, 1945; 2003, 681; 2005, 2328)

NRS 118B.183 Obligationsof landlord for conversion of park to other use: Notices; liability for paymentof cost of moving or fair market value of manufactured home; restrictionsregarding increase in rent.

1. A landlord may convert an existing manufacturedhome park to any other use of the land if the change is approved by theappropriate local zoning board, planning commission or governing body. Inaddition to any other reasons, a landlord may apply for such approval if thelandlord is forced to close the manufactured home park because of a valid orderof a state or local governmental agency or court requiring the closure of themanufactured home park for health or safety reasons.

2. The landlord may undertake a conversion pursuant tothis section only if:

(a) The landlord gives notice in writing to each tenantwithin 5 days after he files his application for the change in land use withthe local zoning board, planning commission or governing body;

(b) The landlord pays the amount described insubsection 3 or 4, in accordance with the choice of the tenant; and

(c) After the landlord is granted final approval of thechange by the appropriate local zoning board, planning commission or governingbody, written notice is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180days after the date of the notice before he is required to move hismanufactured home from the lot.

3. If the tenant chooses to move the manufacturedhome, the landlord shall pay to the tenant:

(a) The cost of moving the tenants manufactured homeand its appurtenances to a new location within 50 miles from the manufacturedhome park; or

(b) If the new location is more than 50 miles from themanufactured home park, the cost of moving the manufactured home for the first50 miles,

includingfees for inspection, any deposits for connecting utilities and the cost oftaking down, moving, setting up and leveling his manufactured home and its appurtenancesin the new lot or park.

4. If the tenant chooses not to move the manufacturedhome, the manufactured home cannot be moved without being structurally damaged,or there is no manufactured home park within 50 miles that is willing to acceptthe manufactured home, the landlord:

(a) May remove and dispose of the manufactured home;and

(b) Shall pay to the tenant the fair market value ofthe manufactured home less the reasonable cost of removing and disposing of themanufactured home.

5. A landlord shall not increase the rent of anytenant:

(a) For 180 days before filing an application for achange in land use, permit or variance affecting the manufactured home park; or

(b) At any time after filing an application for achange in land use, permit or variance affecting the manufactured home parkunless:

(1) The landlord withdraws the application orthe appropriate local zoning board, planning commission or governing bodydenies the application; and

(2) The landlord continues to operate themanufactured home park after the withdrawal or denial.

6. For the purposes of this section, the fair marketvalue of a manufactured home and the reasonable cost of removing and disposingof a manufactured home must be determined by:

(a) A dealer licensed pursuant to chapter 489 of NRS who is agreed upon by thelandlord and tenant; or

(b) If the landlord and tenant cannot agree pursuant toparagraph (a), a dealer licensed pursuant to chapter489 of NRS who is selected for this purpose by the Division.

7. The provisions of this section do not apply to acorporate cooperative park.

(Added to NRS by 1987, 930; A 1989, 1797; 1991, 2279;2001, 1184, 1946; 2003, 2477; 2005, 1603, 2329)

NRS 118B.185 Annualfee for lots in park; penalty; disposition of money.

1. Each owner of a manufactured home park shall pay tothe division an annual fee established by the Administrator which must notexceed $5 for each lot within that park.

2. If an owner fails to pay the fee within 30 daysafter receiving written notice of its amount, a penalty of 50 percent of theamount of the fee must be added. The owner is not entitled to any reimbursementof this penalty from his tenants.

3. All fees collected by the Division pursuant tosubsection 1 must be deposited in the State Treasury for credit to the Accountfor Regulating Manufactured Home Parks within the Fund for Manufactured Housingcreated pursuant to NRS 489.491. Allexpenses related to the regulation of manufactured home parks must be paid fromthe Account. The Account must not be used for any other purpose. Claims againstthe Account must be paid as other claims against the State are paid.

(Added to NRS by 1985, 2215; A 1989, 1469; 1991,2279; 1995, 921; 2001,1184)

TERMINATION OF RENTAL AGREEMENT BY LANDLORD

NRS 118B.190 Notice;holding over.

1. A written agreement between a landlord and tenantfor the rental or lease of a manufactured home lot in a manufactured home parkin this state, or for the rental or lease of a lot for a recreational vehiclein an area of a manufactured home park in this state other than an areadesignated as a recreational vehicle lot pursuant to the provisions ofsubsection 6 of NRS 40.215, must not beterminated by the landlord except upon notice in writing to the tenant servedin the manner provided in NRS 40.280:

(a) Except as otherwise provided in paragraph (b), 5days in advance if the termination is because the conduct of the tenantconstitutes a nuisance as defined in NRS40.140 or violates a state law or local ordinance.

(b) Three days in advance upon the issuance oftemporary writ of restitution pursuant to NRS40.300 on the grounds that a nuisance as defined in NRS 40.140 has occurred in the park by theact of a tenant or any guest, visitor or other member of a tenants householdconsisting of any of the following specific activities:

(1) Discharge of a weapon.

(2) Prostitution.

(3) Illegal drug manufacture or use.

(4) Child molestation or abuse.

(5) Property damage as a result of vandalism.

(6) Operating a vehicle while under theinfluence of alcohol or any other controlled substance.

(7) Elder molestation or abuse.

(c) Except as otherwise provided in subsection 6, 10days in advance if the termination is because of failure of the tenant to payrent, utility charges or reasonable service fees.

(d) One hundred eighty days in advance if thetermination is because of a change in the use of the land by the landlord pursuantto NRS 118B.180.

(e) Forty-five days in advance if the termination isfor any other reason.

2. The landlord shall specify in the notice the reasonfor the termination of the agreement. The reason relied upon for thetermination must be set forth with specific facts so that the date, place andcircumstances concerning the reason for the termination can be determined. Thetermination must be in accordance with the provisions of NRS 118B.200 and reference alone to aprovision of that section does not constitute sufficient specificity pursuantto this subsection.

3. The service of such a notice does not enhance thelandlords right, if any, to enter the tenants manufactured home. Except in anemergency, the landlord shall not enter the manufactured home of the tenantserved with such a notice without the tenants permission or a court orderallowing the entry.

4. If a tenant remains in possession of themanufactured home lot after expiration of the term of the rental agreement, thetenancy is from week to week in the case of a tenant who pays weekly rent, andin all other cases the tenancy is from month to month. The tenants continuedoccupancy is on the same terms and conditions as were contained in the rentalagreement unless specifically agreed otherwise in writing.

5. The landlord and tenant may agree to a specificdate for termination of the agreement. If any provision of this chapterspecifies a period of notice which is longer than the period of a particulartenancy, the required length of the period of notice is controlling.

6. Notwithstanding any provision of NRS 40.215 to 40.425, inclusive, if a tenant who is not anatural person has received three notices for nonpayment of rent in accordancewith subsection 1, the landlord is not required to give the tenant a further10-day notice in advance of termination if the termination is because offailure to pay rent, utility charges or reasonable service fees.

(Added to NRS by 1975, 783; A 1977, 1449; 1979, 1875;1981, 2034; 1983, 1358; 1987, 1300; 1989, 1084; 1993, 2770; 1995, 849, 2757; 2001, 1185; 2003, 2478)

NRS 118B.200 Grounds.

1. Notwithstanding the expiration of a period of atenancy, the rental agreement described in NRS118B.190 may not be terminated except for:

(a) Failure of the tenant to pay rent, utility chargesor reasonable service fees within 10 days after written notice of delinquencyserved upon the tenant in the manner provided in NRS 40.280;

(b) Failure of the tenant to correct any noncompliancewith a law, ordinance or governmental regulation pertaining to manufacturedhomes or recreational vehicles or a valid rule or regulation establishedpursuant to NRS 118B.100 or to cureany violation of the rental agreement within a reasonable time after receivingwritten notification of noncompliance or violation;

(c) Conduct of the tenant in the manufactured home parkwhich constitutes an annoyance to other tenants;

(d) Violation of valid rules of conduct, occupancy oruse of park facilities after written notice of the violation is served upon thetenant in the manner provided in NRS 40.280;

(e) A change in the use of the land by the landlordpursuant to NRS 118B.180;

(f) Conduct of the tenant which constitutes a nuisanceas defined in NRS 40.140 or whichviolates a state law or local ordinance, specifically including, without limitation:

(1) Discharge of a weapon;

(2) Prostitution;

(3) Illegal drug manufacture or use;

(4) Child molestation or abuse;

(5) Elder molestation or abuse;

(6) Property damage as a result of vandalism;and

(7) Operating a motor vehicle while under theinfluence of alcohol or any other controlled substance; or

(g) In a manufactured home park that is owned by anonprofit organization or housing authority, failure of the tenant to meetqualifications relating to age or income which:

(1) Are set forth in the lease signed by thetenant; and

(2) Comply with federal, state and local law.

2. A tenant who is not a natural person and who hasreceived three or more 10-day notices to quit for failure to pay rent in thepreceding 12-month period may have his tenancy terminated by the landlord forhabitual failure to pay timely rent.

(Added to NRS by 1975, 783; A 1977, 1449; 1979, 1876;1981, 1847, 2035; 1985, 2220; 1997, 1102; 2001, 1186; 2003, 2479)

NRS 118B.210 Retaliatoryconduct by landlord and harassment by landlord, management or tenantprohibited.

1. The landlord shall not terminate a tenancy, refuseto renew a tenancy, increase rent or decrease services he normally supplies, orbring or threaten to bring an action for possession of a manufactured home lotas retaliation upon the tenant because:

(a) He has complained in good faith about a violationof a building, safety or health code or regulation pertaining to a manufacturedhome park to the governmental agency responsible for enforcing the code orregulation.

(b) He has complained to the landlord concerning themaintenance, condition or operation of the park or a violation of any provisionof NRS 118B.040 to 118B.220, inclusive, or 118B.240.

(c) He has organized or become a member of a tenantsleague or similar organization.

(d) He has requested the reduction in rent required by:

(1) NRS118.165 as a result of a reduction in property taxes.

(2) NRS118B.153 when a service, utility or amenity is decreased or eliminated bythe landlord.

(e) A citation has been issued to the landlord as theresult of a complaint of the tenant.

(f) In a judicial proceeding or arbitration between thelandlord and the tenant, an issue has been determined adversely to thelandlord.

2. A landlord, manager or assistant manager of amanufactured home park shall not willfully harass a tenant.

3. A tenant shall not willfully harass a landlord,manager or assistant manager of a manufactured home park or an employee oragent of the landlord.

4. As used in this section, harass means to threatenor intimidate, through words or conduct, with the intent to affect the terms orconditions of a tenancy or a persons exercise of his rights pursuant to thischapter.

(Added to NRS by 1977, 1448; A 1981, 2035; 1987, 932;1989, 1797; 1993, 1171; 1995, 2758; 1999, 2046, 3194; 2001, 228, 229, 1186; 2003, 2970; 2005, 1604, 2330)

ASSISTANCE FOR LOW-INCOME OWNERS OF MANUFACTURED HOMES

NRS 118B.211 Funddefined. As used in NRS 118B.211 to 118B.219, inclusive, Fund means theFund for Low-Income Owners of Manufactured Homes created pursuant to NRS 118B.215.

(Added to NRS by 1995, 848; A 1997, 120; 2001, 1187)

NRS 118B.213 Annualfee for lots in park operated for profit; notice; discontinuation andresumption; penalty; deposit.

1. In addition to the fee established pursuant to NRS 118B.185, except as otherwiseprovided in subsection 3, the owner of a manufactured home park that is operatedfor profit shall pay to the Division an annual fee of $12 for each lot withinthe park. The owner shall not impose a fee or surcharge to recover from histenants the costs resulting from the annual fee per lot paid pursuant to thissubsection, or any related penalty.

2. The Administrator shall notify the owner of eachmanufactured home park that is operated for profit in this state on or beforeJuly 1 of each year of the fee imposed pursuant to this section.

3. If on May 15 of that year the balance in the Fundwhich is attributable to deposits pursuant to this section exceeds $1,000,000,the Administrator shall not charge or collect a fee pursuant to this section.The Administrator shall resume the collection in any year when the balance onMay 15 is less than $750,000. The Administrator shall request the StateTreasurer to inform him of the applicable balance of the Fund on May 15 of eachyear.

4. If an owner fails to pay the fee within 30 daysafter receiving written notice from the Administrator to do so, a penalty of 50percent of the amount of the fee must be added.

5. All fees and penalties collected by the Divisionpursuant to this section must be deposited in the State Treasury for credit tothe Fund.

(Added to NRS by 1991, 2270; A 1995, 850, 2758; 1997,120, 1103; 2001, 1187)

NRS 118B.215 Fund:Creation; use of money in Fund; eligibility to receive money from Fund;regulations.

1. There is hereby created as a special revenue fundin the State Treasury the Fund for Low-Income Owners of Manufactured Homes, tobe administered by the Division. All money received for the use of the Fundpursuant to NRS 118B.213 or from anyother source must be deposited in the Fund.

2. The interest and income earned on the money in theFund, after deducting any applicable charges, must be credited to the Fund. Allclaims against the Fund must be paid as other claims against the State arepaid.

3. The money in the Fund may be used only to paynecessary administrative costs and to assist eligible persons by supplementingtheir monthly rent for the manufactured home lot on which their manufactured homeis located. Except as otherwise provided in subsection 5, to be eligible forassistance from the Fund a person must:

(a) Except as otherwise provided in this subsection,have been a tenant in the same manufactured home park in this State for atleast 1 year immediately preceding his application for assistance;

(b) Be the registered owner of the manufactured homewhich is subject to the tenancy, as indicated on the certificate of ownershipthat is issued by the division pursuant to NRS489.541;

(c) Have a monthly household income, as determined bythe Administrator in accordance with subsection 4, which is at or below:

(1) The federally designated level signifyingpoverty or $750, whichever is greater, if the person is the sole occupant ofthe manufactured home; or

(2) The federally designated level signifyingpoverty or $1,125, whichever is greater, if the person is not the sole occupantof the manufactured home;

(d) Be a tenant in a manufactured home park that isoperated for profit and maintain continuous tenancy in that park during theduration of the supplemental assistance; and

(e) Not have assets whose value is more than $12,000,excluding the value of:

(1) The manufactured home which is subject tothe tenancy;

(2) The contents of that manufactured home; and

(3) One motor vehicle.

A person whohas been a tenant of a manufactured home park in this State for at least 1year, but has not been a tenant of the manufactured home park in which heresides at the time he applies for assistance for at least 1 year, is eligiblefor assistance from the Fund if he moved to the manufactured home park in whichhe resides at the time of his application because he was unable to pay the rentat the manufactured home park from which he moved or because that park wasclosed.

4. In determining the monthly household income of anapplicant pursuant to subsection 3, the Administrator shall exclude from thecalculation:

(a) The value of any food stamps the applicant receivedpursuant to the Food Stamp Act of 1977, as amended, 7 U.S.C. 2011 et seq.,during the year immediately preceding his application for assistance; or

(b) If the applicant is receiving coverage pursuant toMedicare Part B, 42 U.S.C. 1395j et seq., the value of the cost of thatcoverage during the year immediately preceding his application for assistance,

whichever isgreater.

5. The Administrator may waive the requirements foreligibility set forth in subsection 3 upon the written request of an applicantif the circumstances of the applicant have changed as a result of:

(a) Illness;

(b) Disability; or

(c) Extreme financial hardship based upon a significantreduction of income, when considering the applicants current financialcircumstances.

An applicantshall include with his request for a waiver all medical and financial documentsthat support his request.

6. The Administrator shall adopt regulationsestablishing:

(a) The annual reporting requirements for personsreceiving assistance pursuant to this section. The regulations must requirethat each such person provide the Division with a written acknowledgment of hiscontinued eligibility for assistance.

(b) The maximum amount of assistance which may bedistributed to a person to supplement his monthly rent pursuant to thissection.

7. As used in this section:

(a) Manufactured home includes a travel trailer thatis located on a manufactured home lot within a manufactured home park.

(b) Monthly household income means the combinedmonthly incomes of the occupants of a manufactured home which is subject to thetenancy for which assistance from the Fund is requested.

(c) Travel trailer has the meaning ascribed to it in NRS 489.150.

(Added to NRS by 1991, 2271; A 1995, 851; 1997, 120,791, 1103; 1999, 2050;2001, 1187)

NRS 118B.2155 Contentsof application for assistance from Fund. Eachapplication for assistance from the Fund must include:

1. A statement that an applicant who fails to report:

(a) Information required to be included in theapplication which he knew at the time he signed the application; or

(b) A change in his eligibility pursuant to NRS 118B.218,

may bepersonally liable to the Division for any assistance incorrectly paid to him.

2. The provisions of NRS 118B.219.

(Added to NRS by 1995, 848; A 1997, 121)

NRS 118B.216 Denialor termination of assistance: Notice; hearing; judicial review.

1. The Division shall notify an applicant for orrecipient of assistance from the Fund of its decision to deny or terminateassistance by mailing to the applicant or recipient a notice of its decision bycertified mail, return receipt requested, to the last known address of theapplicant or recipient. The notice must:

(a) Specify the reasons for the denial or terminationof assistance; and

(b) Contain a statement informing the applicant orrecipient that a hearing will be provided if a written request for a hearing isfiled by the applicant or recipient within 20 days after he receives thenotice.

2. An applicant or recipient may, within 20 days afterhe receives notice pursuant to subsection 1, file a written request for ahearing with the Division. If the Division does not receive a request for ahearing within 20 days after the applicant or recipient receives the noticepursuant to subsection 1, the Divisions decision becomes final and is notsubject to judicial review.

3. If an applicant for or recipient of assistancerequests a hearing within 20 days after he receives notice pursuant tosubsection 1, a hearing must be conducted before a hearing officer appointed bythe Director of the Department of Business and Industry or a person designatedby him within 60 days after receipt of the request. The Division shall notifythe applicant or recipient of the time, place and date of the hearing. Anapplicant whose application for assistance has been denied has the burden ofproving that he is entitled to receive assistance. The Division has the burdenof proving the grounds for terminating the assistance provided to a recipient.

4. The hearing officer shall issue a decision within30 days after the hearing and mail a copy of the decision to the applicant orrecipient. The decision of the hearing officer is a final decision for purposesof judicial review.

(Added to NRS by 1995, 848; A 1997, 121)

NRS 118B.217 Dutiesof Division: Preparation of list of eligible persons; determination ofsufficiency of amount of money in Fund; equal allocation of assistance.

1. At least twice each year, the Division shall:

(a) Prepare a list of persons who are eligible toreceive assistance from the Fund; and

(b) Determine whether the amount of money in the Fundis sufficient to provide assistance to each person whose name appears on thelist.

2. If the Division determines that the amount of moneyin the Fund is not sufficient to provide assistance to each person whose nameappears on the list, the Division shall determine which of those eligiblepersons will receive assistance from the Fund.

3. The Division shall prepare a list of the personswho are eligible to receive assistance from the Fund but do not receiveassistance because the amount of money in the Fund is insufficient to provideassistance to those persons. The Division shall ensure that the persons whosenames appear on that list receive assistance from the Fund as soon aspracticable after the money to provide that assistance becomes available.

4. Each person who receives assistance from the Fundmust receive a percentage of his rent which is equal to the percentage of rentreceived by every other person who receives assistance from the Fund.

(Added to NRS by 1995, 849; A 1997, 122)

NRS 118B.218 Noticeof change in eligibility for assistance. Aperson who receives assistance pursuant to NRS118B.215 shall notify the Administrator of any change in his eligibility pursuantto that section within 10 days after the change. A person who violates thissection is ineligible for assistance from the Fund.

(Added to NRS by 1991, 2271; A 1997, 123)

NRS 118B.2185 Recoveryof assistance. The Division may recover from aperson who receives assistance from the Fund an amount not to exceed theassistance incorrectly paid to him if he failed to report:

1. Information required to be included in theapplication which he knew at the time he signed the application; or

2. Any change in his eligibility pursuant to NRS 118B.218.

(Added to NRS by 1995, 848; A 1997, 123)

NRS 118B.219 Civilpenalties.

1. Any person who knowingly, by any false pretense,false or misleading statement, impersonation or misrepresentation, obtains orattempts to obtain with the intent to cheat or defraud the Division assistancefrom the Fund in an amount of $100 or more is personally liable for:

(a) Any assistance incorrectly paid to that person;

(b) The costs of any investigation conducted by theDivision to determine whether that person received assistance incorrectly;

(c) Court costs;

(d) Attorneys fees; and

(e) A civil penalty of not more than $1,000.

2. The Division may bring an action to recover a civilpenalty imposed pursuant to subsection 1 and shall deposit any money recoveredwith the State Treasurer for credit to the Fund.

(Added to NRS by 1995, 848; A 1997, 123)

REMEDIES AND PENALTIES

NRS 118B.220 Fitnessof manufactured home or recreational vehicle for occupancy.

1. If a manufactured home or recreational vehicle ismade unfit for occupancy for any period in excess of 48 hours by any cause forwhich the landlord is responsible or over which he has control, the rent maybe, at the tenants option, proportionately abated, and if it is, must berefunded or credited against the following months rent. The tenant need notabandon the manufactured home or recreational vehicle as a prerequisite toseeking relief under this subsection.

2. As an alternative to the abatement of rent, thetenant may procure reasonable substitute housing for occupancy while hismanufactured home or recreational vehicle remains unfit and may:

(a) Recover the actual and reasonable cost of the substitutehousing from the landlord; or

(b) Deduct the cost from future rent.

3. A manufactured home shall be deemed unfit foroccupancy if essential services such as fuel, water, electricity or sewerservice are not being adequately provided to the manufactured home.

(Added to NRS by 1977, 1448; A 1981, 1848, 2036;1985, 2220; 2001,1189)

NRS 118B.230 Unlawfultermination of rental agreement by landlord. Ifa landlord unlawfully terminates a tenancy, the provisions of NRS 118B.251 and 118B.260 apply.

(Added to NRS by 1977, 1448; A 1989, 1798; 1991, 847)

NRS 118B.240 Controversiesmay be submitted for arbitration. The landlordand the tenant may agree that any controversy relating to any matter arisingunder this chapter or under a rental agreement may be submitted forarbitration.

(Added to NRS by 1977, 1448; A 1979,1876)(Substituted in revision for NRS 118.330)

NRS 118B.251 Finefor violation of provision of chapter.

1. The Administrator may impose a fine of not morethan $1,000 against any person who violates any of the provisions of thischapter.

2. The Administrator shall, before imposing the fine,notify the person by certified mail that he will impose a fine for theviolation unless the person requests a hearing within 20 days after the noticeis mailed.

3. If a hearing is requested, the Administrator shallhold a hearing pursuant to the provisions of NRS 233B.121 to 233B.150, inclusive.

4. If a hearing is not requested within the prescribedperiod and the matter is not otherwise resolved, the Administrator shall imposethe fine and notify the person by certified mail.

5. The decision of the Administrator to impose a finepursuant to this section is a final decision for the purposes of judicialreview.

(Added to NRS by 1991, 846)

NRS 118B.255 Depositof administrative fines; appointment of hearing officer or panel; delegation ofauthority concerning disciplinary action; claims for attorneys fees and costsof investigation.

1. Except as otherwise provided in this section, allmoney collected from administrative fines imposed pursuant to this chapter mustbe deposited in the State General Fund.

2. The money collected from an administrative fine maybe deposited with the State Treasurer for credit to the Fund for ManufacturedHousing created pursuant to NRS 489.491if:

(a) The person pays the administrative fine withoutexercising his right to a hearing to contest the administrative fine; or

(b) The administrative fine is imposed in a hearingconducted by a hearing officer or panel appointed by the Administrator.

3. The Administrator may appoint one or more hearingofficers or panels and may delegate to those hearing officers or panels thepower of the Administrator to conduct hearings and other proceedings, determineviolations, impose fines and penalties and take other disciplinary actionauthorized by the provisions of this chapter.

4. If money collected from an administrative fine isdeposited in the State General Fund, the Administrator may present a claim tothe State Board of Examiners for recommendation to the Interim FinanceCommittee if money is needed to pay attorneys fees or the costs of aninvestigation, or both.

(Added to NRS by 2005, 2326)

NRS 118B.260 Penalties. Any landlord who violates any of the provisions of thischapter and any other person who violates NRS118B.210:

1. For the first violation, shall pay a civil penaltyof not more than $1,000.

2. For the second violation, shall pay a civil penaltyof not more than $2,500.

3. For the third or subsequent violation, shall pay acivil penalty of not more than $5,000 for each violation.

If a civilpenalty is imposed pursuant to this section, the costs of the proceeding,including investigative costs and attorneys fees, must be recovered by theAdministrator, if possible.

(Added to NRS by 1983, 1355; A 1987, 984; 1993, 896;1995, 2759; 1999,3195)

 

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