[Rev. 11/21/2013 9:37:42 AM--2013]

CHAPTER 118 - DISCRIMINATION IN HOUSING; LANDLORD AND TENANT

DISCRIMINATION IN HOUSING

NRS 118.010           Short title.

NRS 118.020           Declaration of public policy of State.

NRS 118.030           Definitions.

NRS 118.040           “Commission” defined.

NRS 118.045           “Disability” defined.

NRS 118.050           “Discriminate” defined.

NRS 118.060           “Dwelling” defined.

NRS 118.065           “Familial status” defined.

NRS 118.070           “Family” defined.

NRS 118.075           “Gender identity or expression” defined.

NRS 118.080           “Person” defined.

NRS 118.090           “Rent” defined.

NRS 118.093           “Sexual orientation” defined.

NRS 118.095           Regulations.

NRS 118.100           Prohibited acts and practices.

NRS 118.101           Modification of dwelling by person with disability.

NRS 118.103           Construction of certain covered multifamily dwellings to provide access to person with disability.

NRS 118.105           Landlord may not refuse to rent dwelling because person with disability will reside with animal that provides assistance, support or service.

NRS 118.110           Aggrieved person may file complaint.

NRS 118.115           Effect of violation of state or federal laws in proceeding for possession of dwelling.

NRS 118.120           Actions for injunction or damages.

PROPERTY TAXES PAID BY LANDLORD

NRS 118.165           Disclosure of portion of rent which represents property taxes; reduction of rent; penalty for failure to reduce rent; enforcement.

ABANDONMENT OF REAL PROPERTY BY TENANT

NRS 118.171           Definitions.

NRS 118.175           Liability of tenant.

NRS 118.185           Date of termination of rental agreement.

NRS 118.195           Notice to tenant of landlord’s belief that property has been abandoned; property deemed abandoned unless disputed by tenant.

NRS 118.205           Requirements for notice.

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DISCRIMINATION IN HOUSING

      NRS 118.010  Short title.  The provisions of NRS 118.010 to 118.120, inclusive, may be cited as the Nevada Fair Housing Law.

      (Added to NRS by 1971, 729; A 1973, 1109; 1977, 1348, 1606; 2011, 867)

      NRS 118.020  Declaration of public policy of State.

      1.  It is hereby declared to be the public policy of the State of Nevada that all people in the State have equal opportunity to inherit, purchase, lease, rent, sell, hold and convey real property without discrimination, distinction or restriction because of race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex.

      2.  Nothing in this chapter shall be deemed to render enforceable a conveyance or other contract made by a person who lacks the capacity to contract.

      (Added to NRS by 1971, 729; A 1973, 195; 1991, 1020, 1980; 2011, 867)

      NRS 118.030  Definitions.  As used in NRS 118.010 to 118.120, inclusive, unless the context otherwise requires, the words and terms defined in NRS 118.040 to 118.093, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1971, 729; A 1973, 1109; 1977, 1606; 1991, 1020, 1980; 1999, 1228; 2011, 868)

      NRS 118.040  “Commission” defined.  “Commission” means the Nevada Equal Rights Commission.

      (Added to NRS by 1971, 730; A 1975, 221)

      NRS 118.045  “Disability” defined.  “Disability” means, with respect to a person:

      1.  A physical or mental impairment that substantially limits one or more of the major life activities of the person;

      2.  A record of such an impairment; or

      3.  Being regarded as having such an impairment.

      (Added to NRS by 1991, 1020)

      NRS 118.050  “Discriminate” defined.  “Discriminate” includes both “segregate” and “separate.”

      (Added to NRS by 1971, 730)

      NRS 118.060  “Dwelling” defined.

      1.  “Dwelling” means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.

      2.  “Dwelling” does not include:

      (a) A single-family house sold or rented by an owner if:

             (1) The owner does not own more than three single-family houses at any one time or the owner does not own any interest in, nor is there owned or reserved on his or her behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three single-family houses at any one time; and

             (2) The house was sold or rented without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, real estate broker-salesperson or real estate salesperson licensed pursuant to chapter 645 of NRS.

      (b) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by not more than four families living independently of each other if the owner actually maintains and occupies one of the living quarters as his or her residence and the owner has not within the preceding 12-month period participated:

             (1) As the principal in three or more transactions involving the sale or rental of any dwelling or any interest therein; or

             (2) As an agent, otherwise than in the sale of his or her own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein.

      3.  The sale of a single-family house by an owner not residing in that house at the time of the sale or who was not the most recent resident of that house before the sale does not bring the house within the definition of “dwelling” unless there is more than one such sale within any 24-month period.

      (Added to NRS by 1971, 730; A 1995, 404; 1997, 50)

      NRS 118.065  “Familial status” defined.  “Familial status” means the fact that a person:

      1.  Lives with a child under the age of 18 and has:

      (a) Lawful custody of the child; or

      (b) Written permission to live with the child from the person who has lawful custody of the child;

      2.  Is pregnant; or

      3.  Has begun a proceeding to adopt or otherwise obtain lawful custody of a child.

      (Added to NRS by 1991, 1979; A 1995, 1987)

      NRS 118.070  “Family” defined.  “Family” includes a single individual.

      (Added to NRS by 1971, 730)

      NRS 118.075  “Gender identity or expression” defined.  “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.

      (Added to NRS by 2011, 867)

      NRS 118.080  “Person” defined.  “Person” includes the State of Nevada and all political subdivisions and agencies thereof.

      (Added to NRS by 1971, 730; A 1985, 507; 1991, 1020, 1980; 1995, 1987)

      NRS 118.090  “Rent” defined.  “Rent” means rent, lease, sublease, let or otherwise grant for a consideration the right to occupy premises not owned by the occupant.

      (Added to NRS by 1971, 731)

      NRS 118.093  “Sexual orientation” defined.  “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

      (Added to NRS by 2011, 867)

      NRS 118.095  Regulations.  The Commission may adopt regulations, consistent with the fair housing provisions of 42 U.S.C. §§ 3601 et seq., to carry out the provisions of NRS 118.010 to 118.120, inclusive.

      (Added to NRS by 1991, 1980; A 2011, 868)

      NRS 118.100  Prohibited acts and practices.  A person shall not, because of race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex:

      1.  Refuse to sell or rent or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person.

      2.  Discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, including the amount of breakage or brokerage fees, deposits or other undue penalties, or in the provision of services or facilities in connection therewith.

      3.  Make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination, or an intention to make any preference, limitation or discrimination. As used in this subsection, “dwelling” includes a house, room or unit described in subsection 2 or 3 of NRS 118.060.

      4.  Represent to any person because of race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex that any dwelling is not available for inspection, sale or rental when the dwelling is in fact so available.

      5.  For profit, induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person of a particular race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex.

      6.  Coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected in this chapter.

      (Added to NRS by 1971, 731; A 1973, 195; 1991, 1020, 1980; 1995, 405; 1997, 51; 2011, 868)

      NRS 118.101  Modification of dwelling by person with disability.

      1.  A person may not refuse to:

      (a) Authorize a person with a disability to make reasonable modifications to a dwelling which he or she occupies or will occupy if:

             (1) The person with the disability pays for the modifications; and

             (2) The modifications are necessary to ensure that the person with the disability may use and enjoy the dwelling; or

      (b) Make reasonable accommodations in rules, policies, practices or services if those accommodations are necessary to ensure that the person with the disability may use and enjoy the dwelling.

      2.  A landlord may, as a condition for the authorization of such a modification, reasonably require the person who requests the authorization, upon the termination of his or her occupancy, to restore the dwelling to the condition that existed before the modification, reasonable wear and tear excepted.

      3.  Except as otherwise provided in subsection 4, a landlord may not increase the amount of security the landlord customarily requires a person to deposit because that person has requested authorization to modify a dwelling pursuant to subsection 1.

      4.  If a person requests authorization to modify a dwelling pursuant to subsection 1, the landlord may require that person to deposit a reasonable amount of security in addition to the amount the landlord usually requires if the additional amount:

      (a) Is necessary to ensure the restoration of the dwelling pursuant to subsection 2;

      (b) Does not exceed the actual cost of the restoration; and

      (c) Is deposited by the landlord in an interest-bearing account. Any interest earned on the additional amount must be paid to the person who requested the authorization.

      5.  As used in this section, “security” has the meaning ascribed to it in NRS 118A.240.

      (Added to NRS by 1995, 1986)

      NRS 118.103  Construction of certain covered multifamily dwellings to provide access to person with disability.

      1.  A covered multifamily dwelling which is designed and constructed for occupancy on or after March 13, 1991, must be constructed in such a manner that the dwelling contains at least one entrance which is accessible to a person with a disability unless it is impracticable to so design or construct the dwelling because of the terrain or unusual characteristics of the site upon which it is constructed.

      2.  A covered multifamily dwelling which contains at least one entrance which is accessible to a person with a disability must be constructed in such a manner that:

      (a) The common areas of the dwelling are readily accessible to and usable by a person with a disability;

      (b) The doors of the dwelling are sufficiently wide to allow a person with a disability to enter and exit in a wheelchair;

      (c) The units of the dwelling contain:

             (1) An accessible route into and through the dwelling;

             (2) Reinforcements in the bathroom walls so that bars for use by a person with a disability may be installed therein; and

             (3) Kitchens and bathrooms in which a person in a wheelchair may maneuver; and

      (d) The light switches, electrical outlets, thermostats or any other environmental controls in the units of the dwelling are placed in such a manner that they are accessible to a person in a wheelchair.

      3.  As used in this section, “covered multifamily dwelling” means:

      (a) A building which consists of four or more units and contains at least one elevator; or

      (b) The units located on the ground floor of any other building which consists of four or more units.

      (Added to NRS by 1995, 1987)

      NRS 118.105  Landlord may not refuse to rent dwelling because person with disability will reside with animal that provides assistance, support or service.

      1.  Except as otherwise provided in subsection 2, a landlord may not refuse to rent a dwelling subject to the provisions of chapter 118A of NRS to a person with a disability solely because an animal will be residing with the prospective tenant in the dwelling if the animal assists, supports or provides service to the person with a disability.

      2.  A landlord may require proof that an animal assists, supports or provides service to the person with a disability. This requirement may be satisfied, without limitation, by a statement from a provider of health care that the animal performs a function that ameliorates the effects of the person’s disability.

      (Added to NRS by 1977, 1347; A 1981, 1915; 1987, 824; 1991, 1021, 1981; 2003, 2975; 2005, 630)

      NRS 118.110  Aggrieved person may file complaint.  Any aggrieved person who claims to have been injured by a discriminatory housing practice or who believes that he or she will be injured by such a practice that is about to occur may file a complaint with the Commission in the manner prescribed in NRS 233.160.

      (Added to NRS by 1971, 731; A 1973, 1109; 1977, 1606; 1995, 1987)

      NRS 118.115  Effect of violation of state or federal laws in proceeding for possession of dwelling.  A tenant has a defense in a summary proceeding or other action for possession of a dwelling if the landlord’s attempt to terminate the tenancy or regain possession violates any provision of NRS 118.010 to 118.120, inclusive, or the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq.

      (Added to NRS by 1999, 1228; A 2011, 868)

      NRS 118.120  Actions for injunction or damages.  Any person may commence an action in any district court in this state to enforce the provisions of NRS 118.100, 207.300, 207.310, 645.321 or 645C.480 not less than 1 year after the date of the occurrence or termination of an alleged violation of any of those provisions. If the court determines that the provisions of any of those sections have been violated by the defendant, and that the plaintiff has been injured thereby, it may enjoin the defendant from continued violation or may take such other affirmative action as may be appropriate, and, in the case of a prevailing plaintiff, may award to the plaintiff actual damages, punitive damages, court costs and a reasonable attorney’s fee.

      (Added to NRS by 1971, 732; A 1977, 1608; 1995, 1988)

PROPERTY TAXES PAID BY LANDLORD

      NRS 118.165  Disclosure of portion of rent which represents property taxes; reduction of rent; penalty for failure to reduce rent; enforcement.

      1.  Unless exempted by subsection 3, every landlord of real property leased or otherwise rented to a tenant, including every landlord of a mobile home park, shall deliver to the tenant in July of each year, and whenever the periodic rent changes, a statement which shows separately for each periodic payment of rent:

      (a) The amount which represents property taxes paid by the landlord; and

      (b) The remainder of that payment.

      2.  If the property rented is one of several upon which the landlord pays taxes together, the amount which represents property taxes must be calculated by:

      (a) Apportioning the total property tax paid for the year upon the entire property among the individual properties rented according to their respective areas.

      (b) Reducing the amount so apportioned to each particular property for the year by the appropriate fraction to correspond to the period for which rent on it is paid.

      3.  This section does not apply to:

      (a) Any property covered by a written agreement which requires the tenant to pay the property tax or otherwise provides for calculation and notice to the tenant of its amount.

      (b) Any lodging unless it contains its own cooking and toilet facilities, separate from other living quarters.

      (c) Any room in a hotel or motel.

      (d) Any concession within a larger commercial enterprise, or any other property not customarily used separately from adjacent units.

      (e) Any property for which the rent is a share of sales or profit.

      4.  The statements required in July 1981 by subsection 1 must show, in addition to the information required as of the date the statement is prepared, the comparable information as of July 1980. Each landlord of property which is subject to this section shall reduce the periodic rent otherwise payable by an amount equal to 90 percent of any reduction from 1980 to 1981 of the amount which represents property taxes as shown in the statements required by that subsection.

      5.  This section does not purport to regulate the total amount of rent payable.

      6.  A landlord who fails to reduce the periodic rent in accordance with subsection 4 is liable to each tenant whose rent was not properly reduced for an amount equal to three times the amount which was overpaid by the tenant, unless the landlord shows good cause for the failure. If the tenant made written demand upon his or her landlord at least 20 days before bringing his or her action under this subsection, a judgment for the tenant must include costs and a reasonable attorney’s fee.

      7.  The Department of Taxation is responsible for enforcing the provisions of this section.

      (Added to NRS by 1979, 1235; A 1981, 298; 1987, 976)

ABANDONMENT OF REAL PROPERTY BY TENANT

      NRS 118.171  Definitions.  As used in NRS 118.171 to 118.205, inclusive, unless the context otherwise requires:

      1.  “Real property” includes an apartment, a dwelling, a mobile home that is owned by a landlord and located on property owned by the landlord and commercial premises.

      2.  “Rental agreement” means an agreement to lease or sublease real property for a term less than life which provides for the periodic payment of rent.

      3.  “Tenant” means a person who has the right to possess real property pursuant to a rental agreement.

      (Added to NRS by 1991, 1039; A 2009, 1965; 2011, 1489)

      NRS 118.175  Liability of tenant.  If a tenant of real property abandons the property, the landlord shall make reasonable efforts to rent it at a fair rental. If the landlord rents the property for a term beginning before the expiration of the rental agreement pursuant to its terms or if, despite the landlord’s reasonable efforts, the landlord is unable to rent the property before the rental agreement is otherwise terminated, the former tenant is liable for any actual damages of the landlord which may result from the abandonment. If the landlord fails to make reasonable efforts to rent the property at a fair rental, the former tenant is liable for any actual damages of the landlord occurring before the landlord had reason to believe that the property was abandoned. If the tenancy is from month to month or week to week, the term of the rental agreement for this purpose is deemed to be a month or a week, as the case may be.

      (Added to NRS by 1977, 1347; A 1991, 1040)

      NRS 118.185  Date of termination of rental agreement.  If a tenant of real property abandons the property before the expiration of the rental agreement pursuant to its terms, the rental agreement terminates when:

      1.  The tenant provides the landlord with notice of the tenant’s intention to abandon the property, and the landlord accepts the surrender of the property;

      2.  The landlord rents the property to another tenant;

      3.  The property is deemed to be abandoned pursuant to NRS 118.195;

      4.  The rental agreement is terminated by court order or pursuant to the provisions of chapter 118A of NRS; or

      5.  The rental agreement expires pursuant to its terms,

Ê whichever occurs first.

      (Added to NRS by 1991, 1039)

      NRS 118.195  Notice to tenant of landlord’s belief that property has been abandoned; property deemed abandoned unless disputed by tenant.

      1.  If a landlord of real property reasonably believes that his or her tenant has abandoned the property, and the tenant is in default in the payment of rent, the landlord may serve the tenant with a written notice of the landlord’s belief that the property has been abandoned. If the tenant fails, within 5 days after service of the notice by the landlord, to:

      (a) Pay the rent due; and

      (b) Provide the landlord with a written notice:

             (1) Stating the tenant’s intention not to abandon the property; and

             (2) Setting forth an address at which the tenant may be served with legal process,

Ê the property shall be deemed abandoned by the tenant and the rental agreement shall be deemed terminated. The property shall not be deemed abandoned if the tenant pays the rent due and provides the written notice within the prescribed time.

      2.  Real property shall not be deemed abandoned pursuant to this section if the tenant proves that at the time the landlord served notice:

      (a) The tenant was not in default in the payment of rent; or

      (b) It was not reasonable for the landlord to believe that the tenant had abandoned the real property. The fact that the landlord knew that the tenant left personal property on the real property does not, of itself, justify a finding that the landlord did not reasonably believe that the tenant had abandoned the real property.

      3.  The provisions of this section do not preclude a landlord or tenant from otherwise proving that real property has been abandoned.

      (Added to NRS by 1991, 1040)

      NRS 118.205  Requirements for notice.  A notice provided by a landlord to a tenant pursuant to NRS 118.195:

      1.  Must advise the tenant of the provisions of that section and specify:

      (a) The address or other location of the property;

      (b) The date upon which the property will be deemed abandoned and the rental agreement terminated; and

      (c) An address for payment of the rent due and delivery of notice to the landlord.

      2.  Must be served pursuant to subsection 1 of NRS 40.280.

      3.  May be included in the notice required by subsection 1 of NRS 40.253.

      (Added to NRS by 1991, 1040)