[Rev. 11/21/2013 9:38:10 AM--2013]

CHAPTER 118B - LANDLORD AND TENANT: MANUFACTURED HOME PARKS

GENERAL PROVISIONS

NRS 118B.010        Definitions.

NRS 118B.011        “Administrator” defined.

NRS 118B.0111      “Appurtenance” defined.

NRS 118B.0113      “Capital improvement” defined.

NRS 118B.0114      “Certified appraiser” defined.

NRS 118B.0115      “Change” defined.

NRS 118B.0117      “Corporate cooperative park” defined.

NRS 118B.012        “Division” defined.

NRS 118B.014        “Landlord” defined.

NRS 118B.0145      “Manager” defined.

NRS 118B.015        “Manufactured home” defined.

NRS 118B.016        “Manufactured home lot” or “lot” defined.

NRS 118B.017        “Manufactured home park” or “park” defined.

NRS 118B.018        “Recreational vehicle” defined.

NRS 118B.0185      “Tenant” defined.

NRS 118B.019        “Terms of a rental agreement” defined.

NRS 118B.0195      “Utility” defined.

NRS 118B.020        Applicability.

NRS 118B.022        Administration of chapter; employees of Division prohibited from holding interest in manufactured home park.

NRS 118B.023        Administration of chapter; action or inaction by Division, officers or employees in carrying out provisions of chapter do not create right of action.

NRS 118B.024        Duties and powers of Administrator.

NRS 118B.025        Collection of economic and demographic data.

NRS 118B.026        Investigations; remedies.

NRS 118B.028        Enforcement of subpoena issued by Division.

NRS 118B.030        Notice.

NRS 118B.035        Approval of landlord to be in writing.

RENTAL AGREEMENTS; DEPOSITS

NRS 118B.040        Rental agreements: Landlord to provide prospective tenant with copy of agreement and other residency documents before payment of application fee; landlord to provide signed copy of agreement to tenant; provisions required to be included in agreement.

NRS 118B.045        Rental agreements: Additional provisions required to be included in certain agreements.

NRS 118B.050        Rental agreements: Void provisions.

NRS 118B.060        Deposits.

RIGHTS AND OBLIGATIONS OF LANDLORDS AND TENANTS

NRS 118B.065        Landlord to disclose relevant zoning designations before tenant signs initial rental agreement.

NRS 118B.067        Obligations of landlord and tenant concerning placement, set up and installation of manufactured home.

NRS 118B.070        Landlord to deliver copy of current provisions of chapter and contact information regarding Division to each tenant.

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

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

NRS 118B.075        Landlord of park consisting of 25 or more lots to post and provide to tenant sample rental or lease agreements.

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

NRS 118B.080        Landlord to disclose certain information regarding owner and manager or assistant manager of park and agent for service of process; landlord to post or provide notice regarding office hours or landlord’s availability at park.

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

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

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

NRS 118B.088        Continuing education of managers and assistant managers: Certificate of completion of course.

NRS 118B.089        Continuing education of managers and assistant managers: Fine for employing manager or assistant manager who has not completed course.

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

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

NRS 118B.097        Licensed person required to perform certain repairs; regulations.

NRS 118B.100        Rules and regulations of park.

NRS 118B.110        Landlord or designee to meet with representative group of tenants under certain circumstances; notice; qualifications of designee; attendance by attorneys; attendance by Administrator or Administrator’s representative.

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

NRS 118B.120        Maintenance of tenant’s lot; removal of unoccupied manufactured home; reimbursement for cost of maintenance.

NRS 118B.125        Tenant to secure approval of landlord before beginning construction that requires building permit.

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

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

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

NRS 118B.145        Prohibited practices by landlord: Right of tenant to exhibit political signs in certain areas; conditions and limitations on exercise of right.

NRS 118B.150        Prohibited practices 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        Reduction of rent upon decrease or elimination of service, utility or amenity.

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

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

NRS 118B.157        Notice to tenants of interruption of utility or service.

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

NRS 118B.170        Rights and duties of landlord concerning sale of manufactured home or recreational vehicle located in park.

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

NRS 118B.177        Obligations of landlord before closure of park: Financial liability; notices; restrictions regarding increase in rent; resident impact statement.

NRS 118B.180        Obligations of landlord for conversion of park into lots: Notices; offers to sell lots; financial liability; resident impact statement.

NRS 118B.183        Obligations of landlord for conversion of park to other use: Notices; financial liability; resident impact statement; restrictions regarding increase in rent.

NRS 118B.1833      Certified appraiser: Qualifications.

NRS 118B.1837      Person who determines fair market value of manufactured home to comply with certain guidelines.

NRS 118B.184        Landlord to submit resident impact statement if closing or converting park.

NRS 118B.185        Annual fee 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        Retaliatory conduct by landlord and harassment by landlord, management or tenant prohibited.

ASSISTANCE FOR LOW-INCOME OWNERS OF MANUFACTURED HOMES

NRS 118B.211        “Fund” defined.

NRS 118B.213        Annual fee 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      Contents of application for assistance from Fund.

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

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

NRS 118B.218        Notice of change in eligibility for assistance.

NRS 118B.2185      Recovery of assistance.

NRS 118B.219        Civil penalties.

REMEDIES AND PENALTIES

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

NRS 118B.225        Purchase of manufactured home or placement of manufactured home on lot in reliance upon promotional materials that prove to be false or misleading.

NRS 118B.230        Unlawful termination of rental agreement by landlord.

NRS 118B.240        Controversies may be submitted for arbitration.

NRS 118B.251        Fine for violation of provision of chapter.

NRS 118B.255        Deposit of administrative fines; appointment of hearing officer or panel; delegation of authority concerning disciplinary action; claims for attorney’s fees and costs of investigation.

NRS 118B.260        Penalties.

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GENERAL PROVISIONS

      NRS 118B.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 118B.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; 2007, 2323; 2009, 1927)

      NRS 118B.011  “Administrator” defined.  “Administrator” means the chief of the Division.

      (Added to NRS by 1985, 2213)

      NRS 118B.0111  “Appurtenance” defined.  “Appurtenance” means a structure, installation, facility, amenity or other improvement that is appurtenant to or benefits one or more manufactured homes, but is not a part of the manufactured home. The term includes, without limitation, skirting, ramps, cabanas, carports, porches, awnings, sheds and other structures, installations, facilities and amenities associated with or benefiting one or more manufactured homes.

      (Added to NRS by 2007, 2323)

      NRS 118B.0113  “Capital improvement” defined.  “Capital improvement” means an addition or betterment made to a manufactured home park that:

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

      2.  Is required by law to be amortized over its useful life 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.0114  “Certified appraiser” defined.  “Certified appraiser” means an appraiser who possesses the necessary qualifications pursuant to the provisions of this chapter.

      (Added to NRS by 2009, 1927)

      NRS 118B.0115  “Change” defined.  A “change” of a rental agreement includes the renewal of a rental agreement and a new rental agreement.

      (Added to NRS by 1989, 1791)

      NRS 118B.0117  “Corporate cooperative park” defined.  “Corporate cooperative park” means a manufactured home park owned by a nonprofit cooperative corporation formed pursuant to chapter 81 of NRS that is wholly owned or controlled by the tenants of the park.

      (Added to NRS by 2001, 1937)

      NRS 118B.012  “Division” defined.  “Division” means the Manufactured Housing Division of the Department of Business and Industry.

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

      NRS 118B.014  “Landlord” defined.  “Landlord” means the owner or lessor of 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  “Manager” defined.  “Manager” means the person in charge or in control of a manufactured home park, whether or not the person is the owner or employed by the owner. The term includes any company chosen by the landlord to administer or supervise the affairs of the manufactured home park.

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

      NRS 118B.015  “Manufactured home” defined.  “Manufactured home” means a vehicular structure without independent motive power, built on a chassis or frame, which is:

      1.  Designed to be used with or without a permanent foundation;

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

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

Ê The term specifically includes, without limitation, a mobile home that does not comply with the standards established under the National Manufactured Housing Construction 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  “Manufactured home lot” or “lot” defined.  “Manufactured home lot” or “lot” means a portion of land within a manufactured home park which is rented 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  “Manufactured home park” or “park” defined.  “Manufactured home park” or “park” means an area or tract of land where two or more manufactured 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 or for less than 3 months for recreational vehicles.

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

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

      NRS 118B.018  “Recreational vehicle” defined.  “Recreational vehicle” means a vehicular structure primarily designed as temporary living quarters for travel, recreational or camping use, which may be self-propelled or mounted upon or drawn by a motor vehicle.

      (Added to NRS by 1985, 2216)

      NRS 118B.0185  “Tenant” defined.  “Tenant” means the owner of a manufactured home 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  “Terms of a rental agreement” defined.  “Terms of a rental 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  “Utility” defined.  “Utility” includes:

      1.  A public utility which provides:

      (a) Electricity;

      (b) Natural gas;

      (c) Liquefied petroleum gas;

      (d) Sewer services;

      (e) Garbage collection; or

      (f) Water.

      2.  A video service provider which provides video service pursuant to chapter 711 of NRS.

      (Added to NRS by 1989, 1791; A 2007, 1376)

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

      1.  Manufactured home parks operated by public housing authorities 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 rented or held out for rent overnight or for less than 3 months.

      3.  Any recreational vehicle located on a lot described in subsection 2.

      4.  Any lot in a manufactured home park or manufactured home on such a lot which is used occasionally for recreational purposes and not as a permanent residence.

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

      NRS 118B.022  Administration of chapter; employees of Division prohibited from holding interest in manufactured home park.

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

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

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

      NRS 118B.023  Administration of chapter; action or inaction by Division, officers or employees in carrying out provisions of chapter do not create right of action.  No right of action exists in favor of any person by reason of any action or failure to act on the part of the Division or any of its officers or employees in carrying out the provisions of this chapter.

      (Added to NRS by 2009, 1927)

      NRS 118B.024  Duties and powers of Administrator.

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

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

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

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

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

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

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

      NRS 118B.025  Collection of economic and demographic data.  The Administrator shall collect economic and demographic data annually from each manufactured home park, including the amount of rent and rate of vacancy for each type of lot 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 complaint alleging a violation of this chapter or any regulation adopted pursuant thereto, investigate the alleged violation. The Administrator or his or her representative shall, upon request, furnish identification during an investigation. Except as otherwise provided in NRS 239.0115, any information obtained by the Administrator or his or her representative in the investigation of a complaint, including the name of the complainant, is confidential and must not be disclosed unless so ordered by the Administrator or a court of competent jurisdiction.

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

      3.  If the person to whom a notice of violation is directed 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 in which the violation is alleged to have occurred to prepare a complaint and procure the issuance of a summons to the person for the violation; or

      (c) Apply to the district court for the judicial district in which the violation is alleged to have occurred for an injunction and any other relief which the court may grant to compel compliance. In an action brought pursuant to this section, the court may award costs and reasonable attorney’s fees to the prevailing party.

Ê The Administrator may, in addition to or in lieu of any action authorized by paragraph (a), (b) or (c), impose a fine pursuant to NRS 118B.251.

      4.  Any person who violates a provision of this chapter, or a regulation adopted pursuant thereto, shall pay for the cost incurred by the Division in enforcing the provision.

      (Added to NRS by 1985, 2214; A 1991, 846, 2271; 1993, 1469; 2007, 2071)

      NRS 118B.028  Enforcement of subpoena issued by Division.  If any person to whom the Administrator has directed a subpoena refuses to produce any books, papers or documents which the subpoena requires, the Administrator may apply to the district court for the judicial district in which the investigation is being carried on for the enforcement of the subpoena in the manner provided by law for the enforcement of a subpoena in a civil action. If the person to whom the subpoena was directed objects that the material not produced is not strictly relevant, the burden is upon the Administrator to show probable relevance.

      (Added to NRS by 1985, 2215)

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

      (Added to NRS by 1981, 2030)—(Substituted in revision for NRS 118.237)

      NRS 118B.035  Approval of landlord to be in writing.  If a statute requires that a tenant obtain the approval of the landlord on a particular matter and the landlord gives his or her approval, the landlord shall do so in writing.

      (Added to NRS by 1987, 981)

RENTAL AGREEMENTS; DEPOSITS

      NRS 118B.040  Rental agreements: Landlord to provide prospective tenant with copy of agreement and other residency documents before payment of application fee; landlord to provide signed copy of agreement to tenant; provisions required to be included in agreement.

      1.  Before requiring or accepting payment of any application fee, a landlord shall give to a prospective tenant who may rent or lease a manufactured home lot:

      (a) A copy of the rental agreement or lease;

      (b) A copy of the rules and regulations governing the manufactured home park;

      (c) Any notices of the sale, closure or conversion of the manufactured home park that must be provided to tenants pursuant to the provisions of this chapter;

      (d) The criteria used by the manufactured home park in deciding whether to accept an applicant;

      (e) A list of every increase in rent during the last 5 years for the manufactured home lot;

      (f) The maintenance responsibilities of the landlord pursuant to NRS 118B.090; and

      (g) Any other residency documents.

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

      3.  A rental agreement or lease must contain, but is not limited to, provisions relating to:

      (a) The duration of the agreement or lease.

      (b) The amount of rent, the manner and time of its payment 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 of a lot and the responsibility of maintaining or paying for them, including the charge, if any, for cleaning the lots.

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

      (f) Maintenance which the tenant is required to perform and any appurtenances the tenant is required to provide.

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

      (h) Any restrictions on subletting.

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

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

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

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

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

             (1) A nuisance.

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

      (n) Information regarding the right of the tenant to engage 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 tenant to reimburse the landlord for the cost of a capital improvement to the manufactured home park. Such an amount must be stated separately and include the length of time the charge will be collected and the total amount to be recovered by the landlord from all tenants in the manufactured home park.

      (p) Any other fees to be charged to the tenant in addition to the base rent.

      (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; 2007, 2323)

      NRS 118B.045  Rental agreements: Additional provisions required to be included in certain agreements.  If a person owns a manufactured home on a manufactured home lot and the person, either directly or through an agent, leases the manufactured home to another person, the rental agreement or lease must include, in addition to any other information required by law, the following information:

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

      2.  The year the manufactured home was manufactured;

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

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

      5.  The date of each inspection of the manufactured home.

      (Added to NRS by 2005, 2326)

      NRS 118B.050  Rental agreements: Void provisions.  Any provision in a rental agreement or lease for a manufactured home lot which provides that the tenant:

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

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

      3.  Agrees to pay the landlord’s attorney’s fees or costs, or both, except that the agreement may provide that attorney’s fees may be awarded to the prevailing party in the event of court action;

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

      5.  Agrees to a period within which the tenant will give notice to the landlord of the termination of the tenancy which is longer than the term of the lease; or

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

Ê is void. A tenant may recover actual damages resulting from the enforcement of such a provision.

      (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 is required by the landlord in addition to periodic rent, utility charges or service fees and is collected as prepaid rent or a sum to compensate for any tenant default is a “deposit” governed by the provisions of this section.

      2.  The landlord shall maintain a separate record of the deposits.

      3.  Except as otherwise provided in subsection 4:

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

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

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

      5.  Upon termination of the landlord’s interest in the manufactured home park, the landlord shall transfer to his or her successor in interest that portion of the deposit remaining after making any deductions allowed pursuant to this section or refund that portion to the tenant.

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

      7.  If the former landlord fails to transfer or refund the deposit, the tenant may not be required to pay another deposit until the successor in interest refunds the deposit to the tenant or provides the tenant with an itemized written accounting of the statutorily authorized disposition of the deposit.

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

      9.  The provisions of this section do not apply to a corporate 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  Landlord to disclose relevant zoning designations before tenant signs initial rental agreement.  Before a tenant signs an initial rental agreement for a manufactured home lot, the landlord shall, by separate written document, disclose to the tenant the zoning designations adopted pursuant to chapter 278 of NRS for the manufactured home lot to 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  Obligations of landlord and tenant concerning placement, set up and installation of manufactured home.

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

      2.  A landlord shall notify any tenant who is bringing a manufactured home which is new to the manufactured home park into the manufactured home park that the provisions of NRS 489.311 require that only persons licensed by the State of Nevada as general servicepersons are legally permitted to set up and install a manufactured home. Before the tenant may bring such a manufactured home into the manufactured home park, the tenant must provide to the landlord a copy of the license issued pursuant to NRS 489.311 to the person who will be installing the manufactured home.

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

      NRS 118B.070  Landlord to deliver copy of current provisions of chapter and contact information regarding Division to each tenant.

      1.  The landlord shall deliver to:

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

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

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

 

TENANTS OF MANUFACTURED HOME PARKS ARE ENTITLED TO CERTAIN RIGHTS UNDER NEVADA REVISED STATUTES

 

       To obtain information regarding your rights as a tenant under Nevada Revised Statutes, you may contact the Manufactured Housing Division of the Department of Business and Industry as follows:

 

SOUTHERN NEVADA:

(The address of the Division in Southern Nevada)

(The local telephone number of the Division in Southern Nevada)

 

NORTHERN NEVADA:

(The address of the Division in Northern Nevada)

(The local telephone number of the Division in Northern Nevada)

 

INTERNET:

(The Internet 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  Landlord to post sign containing contact information regarding Division.

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

 

TENANTS OF MANUFACTURED HOME PARKS ARE ENTITLED TO CERTAIN RIGHTS UNDER NEVADA REVISED STATUTES

 

       To obtain information regarding your rights as a tenant under Nevada Revised Statutes, you may contact the Manufactured Housing Division of the Department of Business and Industry as follows:

 

SOUTHERN NEVADA:

(The address of the Division in Southern Nevada)

(The local telephone number of the Division in Southern Nevada)

 

NORTHERN NEVADA:

(The address of the Division in Northern Nevada)

(The local telephone number of the Division in Northern Nevada)

 

INTERNET:

(The Internet address of the Division)

 

      2.  The Division shall notify each landlord if any of the contact information regarding the Division changes. Not later than 30 days after receiving such a notice from the Division, the landlord shall replace the existing sign with a new sign that contains the new contact information regarding the Division.

      (Added to NRS by 2003, 2470)

      NRS 118B.073  Landlord to issue receipt of payment of rent to tenant.  Upon payment of the periodic rent by a tenant of a manufactured home park, the landlord of that park shall issue to the tenant a receipt which indicates the amount and the date of the payment. The landlord shall issue the receipt as soon as practicable after payment, but not later than 5 days after the landlord receives payment.

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

      NRS 118B.075  Landlord of park consisting of 25 or more lots to post and provide to tenant sample rental or lease agreements.  If more than one rental agreement or lease is offered to prospective tenants, the landlord of a manufactured home park consisting of 25 or more lots shall:

      1.  Post in a conspicuous and readily accessible place in the community or recreation facility in the park, at or near the entrance of the park or other common area in the park, a legible sign indicating in bold print and bearing the caption “sample rental or lease agreements.”

      2.  Under the sign indicating “sample rental or lease agreements,” post a copy of each rental or lease agreement presently offered to prospective tenants.

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

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

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

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

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

      1.  The landlord of a manufactured home park shall post in a conspicuous and readily accessible place in the community or recreational facility in the manufactured home park, at or near the entrance of the manufactured home park or other common area in the manufactured home park, a current report on the quality of the water that is supplied to the manufactured home park.

      2.  Except as otherwise provided in subsection 3, the report must be obtained from the community water system that is the supplier of water to the manufactured home park. Except as otherwise provided in subsection 4, the landlord shall post the report at least once each year and at such other times as the community water system may provide an updated report to the landlord.

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

      4.  Upon receipt of the results of a test performed pursuant to subsection 3, the landlord shall prepare or cause to be prepared a report on the quality of the water that is supplied to the tenants of the manufactured home park. The report must be accurately based upon the results of the test and prepared in accordance with the standards adopted by the State Environmental Commission pursuant to NRS 445A.855 for similar reports by community water systems. The landlord shall post a copy of the most current report in accordance with subsection 1 and shall deliver a copy of each such report to the State Environmental Commission.

      5.  As used in this section, “community water system” has the meaning ascribed to it in NRS 445A.808.

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

      NRS 118B.080  Landlord to disclose certain information regarding owner and manager or assistant manager of park and agent for service of process; landlord to post or provide notice regarding office hours or landlord’s availability at park.

      1.  The landlord shall disclose in writing to each tenant the:

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

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

Ê and any change thereof.

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

      3.  A landlord shall post, or provide to each tenant, the office hours or landlord’s 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  Notice to Division of certain information about landlord, manager and assistant manager; Division to provide provisions of chapter to landlord, manager and assistant manager.

      1.  A landlord shall notify the Division, in writing, of the landlord’s correct name, address and telephone number. If the landlord has employed a manager or assistant manager, or both, the landlord shall also notify the Division, in writing, of the name, address and telephone number of any such manager and assistant manager of his or her park. After the initial notification, the landlord shall also send notice of the information required pursuant to this subsection within 45 days after:

      (a) Buying the park;

      (b) Opening the park for occupancy;

      (c) Changing managers or assistant managers; or

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

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

      (Added to NRS by 1985, 1504; A 1987, 979; 1991, 2274; 1997, 189; 2007, 2325)

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

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

      2.  The Administrator shall adopt regulations specifying the areas of instruction for the continuing education required by subsection 1.

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

      (a) The provisions of chapter 118B 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 disputes concerning landlords and tenants of manufactured home parks; and

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

      4.  Each course of instruction and the instructor of the course must be approved by the Administrator. The Administrator shall adopt regulations setting forth the procedure for applying for approval of an instructor and course of instruction. The Administrator may require submission of such reasonable information by an applicant as the Administrator deems necessary to determine the suitability of the instructor and the course. The Administrator shall 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 credit allowable for the course.

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

      NRS 118B.087  Continuing education 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 provide courses of continuing education pursuant to NRS 118B.086. One region is the northern region consisting of the counties of Washoe, Storey, Douglas, Lyon, Churchill, Pershing, Humboldt, Lander, Elko, Eureka, Mineral, White Pine and Carson City, and one region is the southern region consisting of the counties of Lincoln, Nye, Esmeralda and Clark.

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

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

      4.  If the fees collected by the Administrator for the course do not cover the cost of offering the course, the Administrator shall determine the difference between the fees collected and the cost of offering the course, divide that amount by the number of manufactured home parks which have 2 lots or more in the region in which the course was held and assess that amount to each landlord of such a manufactured home park. The landlord shall pay 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  Continuing education of managers and assistant managers: Certificate of completion of course.

      1.  Each instructor of a course shall furnish to each person who completes the course required by NRS 118B.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 home park who employs the participant and the address of the park, if the participant is employed as a manager or assistant manager of a manufactured home 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 Administrator the information included in each certificate of completion the instructor issues within 30 days after the course is completed.

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

      NRS 118B.089  Continuing education of managers and assistant managers: Fine for employing manager or assistant manager who has not completed course.

      1.  The Administrator may impose a fine of not more than $500 against a landlord of a manufactured home park who employs a manager or assistant manager who has not completed the course of continuing education required by NRS 118B.086.

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

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

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

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

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

      1.  The landlord shall:

      (a) Maintain all common areas of the park in a clean and safe condition;

      (b) Maintain in good working order all electrical, plumbing and sanitary facilities, appliances and recreational facilities which the landlord furnishes;

      (c) Maintain in a safe and secure location individual mail boxes for the tenants if the mail is delivered to the landlord for distribution to the tenants;

      (d) Maintain all driveways within the park and sidewalks adjacent to the street; and

      (e) Remove snow from the sidewalks and streets within the park, and from sidewalks adjacent to the street.

      2.  Except as otherwise provided in this subsection, the maintenance required by paragraph (a) of subsection 1 includes maintaining, in good working order, any aboveground or underground utility service apparatus located on each manufactured home lot, up to the disconnection point, which is not an appurtenance of the manufactured home. Maintenance is not required on any such apparatus that has been damaged by the tenant of the manufactured home lot.

      3.  Any maintenance to a utility service apparatus, as described in subsection 2, may be performed legally only by a person who is qualified by licensure to perform such maintenance, and:

      (a) A person shall not perform the maintenance unless the person has such qualifications; and

      (b) The landlord, or his or her agent or employee, shall not employ a third party to perform the maintenance if he or she knows, or in light of all of the surrounding facts and circumstances reasonably should know, that the third party does not have such qualifications.

      (Added to NRS by 1977, 1447; A 1983, 1356; 1987, 980; 1989, 1793; 1997, 2983; 1999, 3190; 2013, 280)

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

      1.  The landlord shall authorize each manager and assistant manager to make repairs himself or herself or enter into a contract with a third party for the repairs. If the repairs are subject to the provisions of NRS 118B.097, the repairs must be made in compliance with the provisions of that section.

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

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

      (a) A nonprofit organization; or

      (b) A housing authority,

Ê if the nonprofit organization or housing authority has established an alternative method to provide emergency repairs for tenants in a timely manner.

      4.  As used in this section, “repairs” means only repairs 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  Licensed person required to perform certain repairs; regulations.

      1.  If a repair to a manufactured home may affect the structural, electrical, plumbing, drainage, roofing, mechanical or solid fuel burning systems of the home, or requires a permit before the repair may be made, the repair may be performed legally only by a person who is qualified by licensure to perform such a repair, and:

      (a) A person shall not perform the repair unless the person has such qualifications; and

      (b) A tenant or a landlord, or his or her agent or employee, shall not employ a third party to perform the repair if he or she knows or, in light of all the surrounding facts and circumstances, reasonably should know that the third party does not have such qualifications.

      2.  The Administrator shall adopt regulations to specify the repairs that a person without an applicable license may make to a manufactured home in accordance with the provisions of this section and chapter 489 of NRS.

      (Added to NRS by 2005, 2326; A 2007, 2325)

      NRS 118B.100  Rules and regulations of park.

      1.  The landlord may adopt rules or regulations concerning the tenant’s use and occupancy of the manufactured home lot and the grounds, areas and facilities of the manufactured home park held out for the use of tenants generally.

      2.  All such rules or regulations must be:

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

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

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

      (d) Consistent with the provisions of this chapter and a general plan of operation, construction or improvement, and must not arbitrarily restrict conduct or require any capital improvement by the tenant which is not specified in the rental agreement or unreasonably require a change in any capital improvement made by the tenant and previously approved by the landlord unless the landlord can show that it is in the best interest of the other tenants; and

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

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

      4.  Except as otherwise provided in subsection 5, a rule or regulation is enforceable against the tenant only if the tenant has notice of it at the time the tenant enters into the rental agreement. A rule or regulation adopted or amended after the tenant enters into the rental agreement is not enforceable unless the tenant consents to it in writing or is given 60 days’ notice of it in writing. The landlord may not adopt or amend a rule or regulation of the park unless a meeting of the tenants is held to discuss the proposal and the 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. The notice must include a copy of the proposed adoption or amendment of the rule or regulation. A notice in a periodic publication of the park does not constitute notice for the purposes of this subsection.

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

      6.  A rule or regulation adopted or amended in compliance with the provisions of this section supersedes any previously existing rule or regulation that conflicts with the adopted or amended rule or regulation. Only one version of any rules and regulations or any architectural standards may be in effect at any given time.

      7.  The landlord shall provide the tenant with a copy of the existing rules and regulations at the time the tenant enters into the rental agreement.

      8.  As used in this section, “capital improvement” means an addition or betterment made to a manufactured home located on a lot in a manufactured home park which is leased by the landlord that:

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

      (b) Is required by federal law to be amortized over its useful 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; 2007, 2325)

      NRS 118B.110  Landlord or designee to meet with representative group of tenants under certain circumstances; notice; qualifications of designee; attendance by attorneys; attendance by Administrator or Administrator’s representative.

      1.  The landlord or a person designated pursuant to subsection 3 shall meet with a representative group of tenants occupying the park, chosen by the tenants, to hear any complaints or suggestions which concern a matter relevant to the park within 45 days after the landlord receives a written request to do so which has been signed by persons occupying at least 25 percent of the lots in the park. The 25 percent must be calculated on the basis of one signature per occupied lot. The meeting must be held at a time and place which is convenient to the landlord or person designated pursuant to subsection 3 and to the tenants. The representative group of tenants must consist of no more than five persons.

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

      3.  Except as otherwise provided in subsection 4, if the landlord is not a natural person, the owner may designate an authorized agent or representative who has working knowledge of the operations of the park and who has authority to make decisions concerning matters relevant to the park to meet with the tenants pursuant to this section.

      4.  A manager may not meet with the tenants pursuant to this section unless the manager, the landlord and the owner are all the same natural person.

      5.  If an attorney for the landlord attends a meeting held pursuant to this section, the landlord shall not prohibit the group of tenants from being represented by an attorney at that meeting.

      6.  If the landlord of a manufactured home park is a cooperative association or a corporation for public benefit, the landlord shall provide a notice of the meeting to the Administrator and the Administrator or his or her representative shall attend the meeting.

      7.  As used in this section:

      (a) “Cooperative association” means an association formed pursuant to the provisions of NRS 81.170 to 81.270, inclusive.

      (b) “Corporation for public benefit” has the meaning ascribed 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; 2007, 2326)

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

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

      2.  If the landlord of a manufactured home park requires written consent pursuant to subsection 1, the landlord shall post and maintain a sign that is clearly readable at the entrance to the manufactured home park which advises the reader of the consent that is required before a person may move or cause to be moved a manufactured home or recreational vehicle into the manufactured home park.

      3.  If a person moves or causes to be moved a manufactured home or recreational vehicle into the manufactured home park without the written consent of the landlord, if the landlord requires such consent pursuant to subsection 1, the landlord of that manufactured home park may:

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

      (b) Require the person to sign a rental agreement. If the person refuses to sign the rental agreement within 5 days after such a request, the landlord may, after providing at least 5 days’ written notice to the 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 to be moved a manufactured home or recreational vehicle into a manufactured home park without the written consent of the landlord, if the landlord requires such consent pursuant to subsection 1, shall be deemed a tenant at will and a lessee of the manufactured home park.

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

      (Added to NRS by 2001, 1937)

      NRS 118B.120  Maintenance of tenant’s lot; removal of unoccupied manufactured home; reimbursement for cost of maintenance.

      1.  The landlord or his or her agent or employee may:

      (a) Require that the tenant landscape and maintain the tenant’s lot if the landlord advises the tenant in writing of reasonable requirements for the landscaping.

      (b) If the tenant does not comply with the provisions of paragraph (a), maintain the tenant’s lot and charge the tenant a service fee for the actual cost of that maintenance.

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

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

      3.  Before dismantling a manufactured home that was abandoned, the landlord or manager must:

      (a) Conduct a title search with the Division to determine the owner of record of the manufactured home. If the owner of record is not found, the landlord or manager may use the records of the county assessor for the county in which the manufactured home is located to determine the owner of the manufactured home.

      (b) Send a certified letter notifying the owner and any lienholder of the intent of the landlord or manager to dismantle the manufactured home.

      (c) If the owner does not respond within 30 days after the date of mailing the certified letter, submit to the Division an affidavit of dismantling.

      4.  The landlord shall trim all the trees located within the park and dispose of the trimmings from those trees absent a written voluntary assumption of that duty by the tenant for trees on the tenant’s lot.

      5.  For the purposes of this section, a manufactured home 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 60 days;

      (b) It is unoccupied; and

      (c) The manager of the manufactured home park reasonably 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; 2009, 1927)

      NRS 118B.125  Tenant to secure approval of landlord before beginning construction that requires building permit.  A tenant shall secure the approval of the landlord before beginning construction of any improvement or addition to his or her manufactured home or lot which requires a building permit issued by a local government.

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

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

      1.  A landlord may not change:

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

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

      2.  A tenant who elects to move pursuant to a provision of subsection 1 shall give the landlord notice in writing of the tenant’s election to move within 75 days after receiving notice of the change in restrictions in the park.

      3.  At the time of providing notice of the change in restrictions in the park, the landlord shall provide to each tenant:

      (a) The address and telephone number of the Division;

      (b) Any list published by the Division setting forth the names of licensed transporters of manufactured homes approved by the Division; and

      (c) Any list published by the Division setting forth the names of mobile home parks within 150 miles that have reported having vacant spaces.

      4.  If a landlord is required to move a tenant to another park pursuant to subsection 1, the landlord shall pay:

      (a) The cost of moving the tenant’s manufactured home and its appurtenances to a new location in this State or another state within 150 miles from the manufactured home park; or

      (b) If the new location is more than 150 miles from the manufactured home park, the cost of moving the manufactured home for the first 150 miles,

Ê including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his or her manufactured home and its appurtenances in the new lot or park.

      5.  If the landlord is unable to move a shed, due to its physical condition, that belongs to a tenant who has elected to have the landlord move his or her manufactured home, the landlord shall pay the tenant $250 as reimbursement for the shed. Each tenant may receive only one payment of $250 even if more than one shed is owned by the tenant.

      6.  If the tenant chooses not to move the manufactured home, the manufactured home cannot be moved without being structurally damaged or there is no manufactured home park within 150 miles that is willing to accept the manufactured home, the landlord:

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

      (b) Shall pay to the tenant the fair market value of the manufactured home.

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

      (a) Tenant of the park who does not meet the new restrictions; and

      (b) Prospective tenant before the commencement of the tenancy.

      8.  For the purposes of this section, the fair market value of a manufactured home must be determined as follows:

      (a) A dealer licensed pursuant to chapter 489 of NRS who is a certified appraiser and who is selected jointly by the landlord or his or her agent and the tenant shall make the determination.

      (b) If there are insufficient dealers licensed pursuant to chapter 489 of NRS who are certified appraisers available for the purposes of paragraph (a), a person who possesses the qualifications pursuant to the Appraiser Qualifications for Manufactured Homes Classified as Personal Property as set forth in section 8-3 of Valuation Analysis for Single Family One- to Four-Unit Dwellings, HUD Directive Number 4150.2 CHG-1, of the United States Department of Housing and Urban Development, and who is selected jointly by the landlord or his or her agent and the tenant shall make the determination.

      (c) If there are insufficient persons available for the purposes of paragraphs (a) and (b) or if the landlord or his or her agent and the tenant cannot agree pursuant to paragraphs (a) and (b), the landlord or his or her agent or the tenant may request the Administrator to, and the Administrator shall, appoint a dealer licensed pursuant to chapter 489 of NRS or a certified appraiser who shall make the determination.

      9.  The landlord shall pay the costs associated with determining the fair market value of a manufactured home and the cost of removing and disposing of a manufactured home pursuant to subsection 6.

      (Added to NRS by 1981, 2029; A 1987, 982; 1991, 2276; 2001, 1178; 2007, 2327; 2009, 1928; 2011, 270)

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

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

      (a) Require a person to purchase a manufactured home from the landlord or any other person as a condition to renting a manufactured home lot to the purchaser or give an adjustment of rent or fees, or provide any other incentive to induce the purchase of a manufactured home from the landlord or any other person.

      (b) Charge or receive:

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

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

             (3) Any fee for the tenant’s spouse or children.

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

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

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

             (7) Any fee, surcharge or rent increase to recover from his or her tenants the costs resulting from converting from a master-metered water system to individual water meters for each manufactured home lot.

             (8) Any fee, surcharge or rent increase to recover from his or her tenants any amount that exceeds the amount of the cost for a governmentally 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 this section 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  Prohibited practices by landlord: Right of tenant to display flag of the United States in certain areas; conditions and limitations on exercise of right.

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

      2.  The provisions of this section do not:

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

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

      3.  In any action commenced to enforce the provisions of this section, the prevailing party is entitled to recover reasonable attorney’s fees and costs.

      4.  As used in this section, “display of the flag of the 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 4 U.S.C. Chapter 1.

Ê The term does not include a depiction or emblem of the flag of the United States that is made of balloons, flora, lights, paint, paving materials, roofing, siding or any other similar building, decorative or landscaping component.

      (Added to NRS by 2003, 2969)

      NRS 118B.145  Prohibited practices by landlord: Right of tenant to exhibit political signs in certain areas; conditions and limitations on exercise of right.

      1.  Except as otherwise provided in this subsection, a landlord or an agent or employee of a landlord shall not prohibit a tenant from exhibiting a political sign not larger than 24 inches by 36 inches within the boundary of the lot of the tenant. The restriction placed on a landlord or an agent or an employee of a landlord relative to a political sign is applicable only until 7 days after the general or special election for the office or ballot question to which the sign relates.

      2.  As used in this section, “political sign” means a sign, 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 or election.

      (Added to NRS by 1999, 2046)

      NRS 118B.150  Prohibited practices 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 and 3, the landlord or his or her agent or employee shall not:

      (a) Increase rent or additional charges unless:

             (1) The rent charged after the increase is the same rent charged for manufactured homes of the same size or lots of the same size 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 if the landlord has specified in the rental agreement or lease the period of tenancy required to qualify for such a discount;

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

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

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

             (3) Written notice advising a tenant of the increase is received by the tenant 90 days before the first payment to be increased and written notice of the increase is given to prospective tenants before commencement of their tenancy. In addition to the notice provided to a tenant pursuant to this subparagraph, if the landlord or his or her agent or employee knows or reasonably should know that the tenant receives assistance from the Fund for Low-Income Owners of Manufactured Homes created pursuant to NRS 118B.215, the landlord or his or her agent or employee shall provide to the Administrator written notice of the increase 90 days before the first payment to be increased.

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

      (c) Require a tenant to pay for a capital improvement to the manufactured home park unless the tenant has notice of the requirement at the time the tenant enters into the rental agreement. A tenant may not be required to pay for a capital improvement after the tenant enters into the rental agreement unless the tenant consents to it in writing or is given 60 days’ notice of the requirement in writing. The landlord may not establish such a requirement unless a meeting of the tenants is held to discuss the proposal and the 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. The notice must include a copy of the proposal. A notice in a periodic publication of the park does not constitute notice for the purposes of this paragraph.

      (d) Require a tenant to pay the rent by check or money order.

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

      (f) Prohibit or require fees or deposits for any meetings held in the park’s community or recreational facility by the tenants or occupants of any manufactured home or recreational vehicle in the park to discuss the park’s affairs, or any political meeting sponsored by a tenant, if the meetings are held at reasonable hours and when the facility is not otherwise 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 utility charges when due. Any landlord who violates this paragraph is liable to the tenant for actual damages.

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

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

      (j) Prohibit a tenant from erecting a fence on the tenant’s lot if the fence complies with any standards for fences established by the landlord, including limitations established for the location and height of fences, the materials used for fences and the manner in which fences are to be constructed.

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

      (l) Prohibit a public officer, candidate for public office or the representative of a public officer or candidate for public office from walking through the park to talk with the tenants or distribute political material.

      (m) If a tenant has voluntarily assumed responsibility to trim the trees on his or her lot, require the tenant to trim any particular tree located on the lot or dispose of the trimmings unless a danger or hazard exists.

      2.  The landlord is entitled to require a security deposit from a tenant who wants to use the manufactured home park’s clubhouse, swimming pool or other park facilities for the tenant’s exclusive use. The landlord may require the deposit at least 1 week before the use. The landlord shall apply the deposit to costs which occur due to damage or cleanup from the tenant’s use within 1 week after the use, if any, and shall, on or before the eighth day after the use, refund any unused portion of the deposit to the tenant making the deposit. The landlord is not required to place such a deposit into 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 a rental 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  Reduction of rent upon decrease or elimination of service, utility or amenity.

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

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

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

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

      1.  A tenant or a landlord, or his or her agent or employee, shall not make any connection of electricity, water, natural gas or propane to a manufactured home except as authorized by law.

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

      (a) The Administrator; and

      (b) The appropriate utility.

      (Added to NRS by 2005, 2326)

      NRS 118B.155  Landlord to post or provide certain information regarding utility bills.  If a landlord bills a tenant individually for utility charges derived from a utility bill for the manufactured home park which represents utility usage for multiple tenants, the landlord shall post in a conspicuous and readily accessible place in the community or recreational facility in the manufactured home park or other common area in the manufactured home park, or provide to each tenant who is individually billed for the utility charges:

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

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

      (Added to NRS by 2005, 1597, 2326)

      NRS 118B.157  Notice to tenants of interruption of utility or service.  A landlord must give his or her tenants at least 24 hours’ notice in writing when planned repairs of a utility or a service which the manufactured home park provides will cause interruption of the utility or service.

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

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

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

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

      (b) Prohibit any tenant desiring to sell his or her manufactured home or recreational vehicle within the park from advertising the location of the home or vehicle and the name of the manufactured home park or prohibit the tenant from displaying at least one sign of reasonable size advertising the sale of the home or vehicle.

      (c) Require that the landlord be an agent of an owner of a manufactured home or recreational vehicle who desires to sell the home or vehicle.

      (d) Unless subleasing of lots is prohibited by a rental agreement or lease, prohibit a tenant from subleasing his or her manufactured home lot if the prospective subtenant meets the general requirements for tenancy in the park.

      (e) Require a tenant to make any additions to his or her manufactured home unless those additions are required by an ordinance of a local government.

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

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

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

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

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

      NRS 118B.170  Rights and duties of landlord concerning sale of manufactured home or recreational vehicle located in park.

      1.  The landlord may require approval of a prospective buyer and tenant before the sale of a tenant’s manufactured home or recreational vehicle, if the manufactured home or vehicle will remain in the park. The landlord shall consider the record, if any, of the prospective buyer and tenant concerning the payment of rent. The landlord shall not unreasonably withhold his or her consent.

      2.  If a tenant sells his or her manufactured home or recreational vehicle, the landlord may require that the manufactured home or recreational vehicle be removed from the park if it is deemed by the park’s written rules or regulations in the possession of the tenants to be in a run-down condition or in disrepair or does not meet the safety standards set forth in NRS 461A.120. If the manufactured 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 a prospective buyer and tenant, the landlord shall:

      (a) Post and maintain a sign which is clearly readable at the entrance to the park which advises the reader that before a manufactured home in the park is sold, the prospective buyer must be approved by the landlord.

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

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

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

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

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

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

      (a) Purchases a manufactured home or recreational vehicle from a tenant of a manufactured home park which will remain in the park;

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

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

Ê shall be deemed a tenant at will and a lessee of the manufactured home park.

      6.  The provisions of this section do not apply to a corporate 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  Notice of listing of park for sale; entitlement to notice.

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

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

      (a) Submit to the landlord a written request for that notice;

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

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

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

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

      NRS 118B.177  Obligations of landlord before closure of park: Financial liability; notices; restrictions regarding increase in rent; resident impact statement.

      1.  If a landlord closes a manufactured home park, or if a landlord is forced to close a manufactured home park because of a valid order of a state or local governmental agency or court requiring the closure of the manufactured home park permanently for health or safety reasons, the landlord shall pay the amounts required by subsections 3, 4 and 5.

      2.  At the time of providing notice of the closure of the park, a landlord shall provide to each tenant:

      (a) The address and telephone number of the Division;

      (b) Any list published by the Division setting forth the names of licensed transporters of manufactured homes approved by the Division; and

      (c) Any list published by the Division setting forth the names of mobile home parks within 150 miles that have reported having vacant spaces.

      3.  If the tenant chooses to move the manufactured home:

      (a) The tenant shall, within 75 days after receiving notice of the closure, notify the landlord in writing of the tenant’s election to move the manufactured home; and

      (b) The landlord shall pay to the tenant:

             (1) The cost of moving each tenant’s manufactured home and its appurtenances to a new location in this State or another state within 150 miles from the manufactured home park; or

             (2) If the new location is more than 150 miles from the manufactured home park, the cost of moving the manufactured home for the first 150 miles,

Ê including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling the manufactured home and its appurtenances in the new lot or park.

      4.  If the landlord is unable to move a shed, due to its physical condition, that belongs to a tenant who has elected to have the landlord move his or her manufactured home, the landlord shall pay the tenant $250 as reimbursement for the shed. Each tenant may receive only one payment of $250 even if more than one shed is owned by the tenant.

      5.  If the tenant chooses not to move the manufactured home, the manufactured home cannot be moved without being structurally damaged or there is no manufactured home park within 150 miles that is willing to accept the manufactured home, the landlord:

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

      (b) Shall pay to the tenant the fair market value of the manufactured home.

      6.  Written notice of any closure must be served timely on each:

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

      (b) Prospective tenant by:

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

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

      7.  For the purposes of this section, the fair market value of a manufactured home must be determined as follows:

      (a) A dealer licensed pursuant to chapter 489 of NRS who is a certified appraiser and who is selected jointly by the landlord or his or her agent and the tenant shall make the determination.

      (b) If there are insufficient dealers licensed pursuant to chapter 489 of NRS who are certified appraisers for the purposes of paragraph (a), a person who possesses the qualifications pursuant to the Appraiser Qualifications for Manufactured Homes Classified as Personal Property as set forth in section 8-3 of Valuation Analysis for Single Family One- to Four-Unit Dwellings, HUD Directive Number 4150.2 CHG-1, of the United States Department of Housing and Urban Development, and who is selected jointly by the landlord or his or her agent and the tenant shall make the determination.

      (c) If there are insufficient persons available for the purposes of paragraphs (a) and (b) or if the landlord or his or her agent and the tenant cannot agree pursuant to paragraphs (a) and (b), the landlord or his or her agent or the tenant may request the Administrator to, and the Administrator shall, appoint a dealer licensed pursuant to chapter 489 of NRS or a certified appraiser who shall make the determination.

      8.  The landlord shall pay the costs associated with determining the fair market value of a manufactured home and the cost of removing and disposing of a manufactured home pursuant to subsection 5.

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

      10.  If a landlord begins the process of closing a manufactured home park, the landlord shall comply with the provisions of NRS 118B.184 concerning the submission of a resident impact statement.

      11.  As used in this section, “timely” means not later than 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; 2007, 1030, 2328; 2009, 1929; 2011, 272)

      NRS 118B.180  Obligations of landlord for conversion of park into lots: Notices; offers to sell lots; financial liability; resident impact statement.

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

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

      (a) The landlord gives notice in writing to the Division and each tenant within 5 days after the landlord files his or her application for the change in land use with the local zoning board, planning commission or governing body;

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

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

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

             (1) The cost of moving the tenant’s manufactured home and its appurtenances to a comparable location in this State or another state within 150 miles from the manufactured home park; or

             (2) If the new location is more than 150 miles from the manufactured home park, the cost of moving the manufactured home for the first 150 miles,

Ê including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his or her manufactured home and its appurtenances in the new lot or park;

      (e) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, notice in writing is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before the tenant is required to move his or her manufactured home from the lot; and

      (f) The landlord complies with the provisions of NRS 118B.184 concerning the submission of a resident impact statement.

      3.  At the time of providing notice of the conversion of the park pursuant to this section, a landlord shall provide to each tenant:

      (a) The address and telephone number of the Division;

      (b) Any list published by the Division setting forth the names of licensed transporters of manufactured homes approved by the Division; and

      (c) Any list published by the Division setting forth the names of mobile home parks within 150 miles that have reported having vacant spaces.

      4.  If the landlord is unable to move a shed, due to its physical condition, that belongs to a tenant who has elected to have the landlord move his or her manufactured home, the landlord shall pay the tenant $250 as reimbursement for the shed. Each tenant may receive only one payment of $250 even if more than one shed is owned by the tenant.

      5.  If a tenant chooses not to move the manufactured home, the manufactured home cannot be moved without being structurally damaged or there is no manufactured home park within 150 miles that is willing to accept the manufactured home, the landlord:

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

      (b) Shall pay to the tenant the fair market value of the manufactured home.

      6.  Notice sent pursuant to paragraph (a) of subsection 2 or an offer to sell a manufactured home lot to a tenant required pursuant to paragraph (b) of subsection 2 does not constitute notice of termination of the tenancy.

      7.  Upon the sale of a manufactured home lot and a manufactured home which is situated on that lot, the landlord shall indicate what portion of the purchase price is for the manufactured home lot and what portion is for the manufactured home.

      8.  For the purposes of this section, the fair market value of a manufactured home must be determined as follows:

      (a) A dealer licensed pursuant to chapter 489 of NRS who is a certified appraiser and who is selected jointly by the landlord or his or her agent and the tenant shall make the determination.

      (b) If there are insufficient dealers licensed pursuant to chapter 489 of NRS who are certified appraisers available for the purposes of paragraph (a), a person who possesses the qualifications pursuant to the Appraiser Qualifications for Manufactured Homes Classified as Personal Property as set forth in section 8-3 of Valuation Analysis for Single Family One- to Four-Unit Dwellings, HUD Directive Number 4150.2 CHG-1, of the United States Department of Housing and Urban Development, and who is selected jointly by the landlord or his or her agent and the tenant shall make the determination.

      (c) If there are insufficient persons available for the purposes of paragraphs (a) and (b) or if the landlord or his or her agent and the tenant cannot agree pursuant to paragraphs (a) and (b), the landlord or his or her agent or the tenant may request the Administrator to, and the Administrator shall, appoint a dealer licensed pursuant to chapter 489 of NRS or a certified appraiser who shall make the determination.

      9.  The landlord shall pay the costs associated with determining the fair market value of a manufactured home and the cost of removing and disposing of a manufactured home pursuant to subsection 5.

      10.  The provisions of this section do not apply to a corporate cooperative park.

      (Added to NRS by 1981, 2030; A 1985, 620; 1987, 931; 1989, 1796; 1991, 2278; 2001, 1183, 1945; 2003, 681; 2005, 2328; 2007, 1030, 2330; 2009, 1931; 2011, 273)

      NRS 118B.183  Obligations of landlord for conversion of park to other use: Notices; financial liability; resident impact statement; restrictions regarding increase in rent.

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

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

      (a) The landlord gives notice in writing to the Division and each tenant within 5 days after the landlord files his or her application for the change in land use with the local zoning board, planning commission or governing body;

      (b) The landlord pays the amounts required by subsections 4, 5 and 6;

      (c) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, written notice is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before the tenant is required to move his or her manufactured home from the lot; and

      (d) The landlord complies with the provisions of NRS 118B.184 concerning the submission of a resident impact statement.

      3.  At the time of providing notice of the conversion of the park pursuant to this section, a landlord shall provide to each tenant:

      (a) The address and telephone number of the Division;

      (b) Any list published by the Division setting forth the names of licensed transporters of manufactured homes approved by the Division; and

      (c) Any list published by the Division setting forth the names of mobile home parks within 150 miles that have reported having vacant spaces.

      4.  If the tenant chooses to move the manufactured home:

      (a) The tenant shall, within 75 days after receiving notice of the conversion, notify the landlord in writing of the tenant’s election to move the manufactured home; and

      (b) The landlord shall pay to the tenant:

             (1) The cost of moving the tenant’s manufactured home and its appurtenances to a new location in this State or another state within 150 miles from the manufactured home park; or

             (2) If the new location is more than 150 miles from the manufactured home park, the cost of moving the manufactured home for the first 150 miles,

Ê including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his or her manufactured home and its appurtenances in the new lot or park.

      5.  If the landlord is unable to move a shed, due to its physical condition, that belongs to a tenant who has elected to have the landlord move his or her manufactured home, the landlord shall pay the tenant $250 as reimbursement for the shed. Each tenant may receive only one payment of $250 even if more than one shed is owned by the tenant.

      6.  If the tenant chooses not to move the manufactured home, the manufactured home cannot be moved without being structurally damaged or there is no manufactured home park within 150 miles that is willing to accept the manufactured home, the landlord:

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

      (b) Shall pay to the tenant the fair market value of the manufactured home.

      7.  A landlord shall not increase the rent of any tenant:

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

      (b) At any time after filing an application for a change in land use, permit or variance affecting the manufactured home park unless:

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

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

      8.  For the purposes of this section, the fair market value of a manufactured home must be determined as follows:

      (a) A dealer licensed pursuant to chapter 489 of NRS who is a certified appraiser and who is selected jointly by the landlord or his or her agent and the tenant shall make the determination.

      (b) If there are insufficient dealers licensed pursuant to chapter 489 of NRS who are certified appraisers available for the purposes of paragraph (a), a person who possesses the qualifications pursuant to the Appraiser Qualifications for Manufactured Homes Classified as Personal Property as set forth in section 8-3 of Valuation Analysis for Single Family One- to Four-Unit Dwellings, HUD Directive Number 4150.2 CHG-1, of the United States Department of Housing and Urban Development, and who is selected jointly by the landlord or his or her agent and the tenant shall make the determination.

      (c) If there are insufficient persons available for the purposes of paragraphs (a) and (b) or if the landlord or his or her agent and the tenant cannot agree pursuant to paragraphs (a) and (b), the landlord or his or her agent or the tenant may request the Administrator to, and the Administrator shall, appoint a dealer licensed pursuant to chapter 489 of NRS or a certified appraiser who shall make the determination.

      9.  The landlord shall pay the costs associated with determining the fair market value of a manufactured home and the cost of removing and disposing of a manufactured home pursuant to subsection 6.

      10.  The provisions of this section do not apply to a corporate cooperative park.

      (Added to NRS by 1987, 930; A 1989, 1797; 1991, 2279; 2001, 1184, 1946; 2003, 2477; 2005, 1603, 2329; 2007, 1031, 2331; 2009, 1933; 2011, 275)

      NRS 118B.1833  Certified appraiser: Qualifications.  To qualify as a certified appraiser, a person must possess a professional certification as an appraiser issued by:

      1.  The National Society of Appraiser Specialists, including, without limitation, a Board Certified Manufactured Housing Valuation designation; or

      2.  Any other organization approved by the Division.

      (Added to NRS by 2009, 1927)

      NRS 118B.1837  Person who determines fair market value of manufactured home to comply with certain guidelines.  A person who makes a determination of the fair market value of a manufactured home pursuant to the provisions of NRS 118B.130, 118B.177, 118B.180 or 118B.183 shall make such determination in compliance with the guidelines of:

      1.  The most current edition of the Manufactured Housing Cost Guide of the National Automobile Dealers Association; or

      2.  The Manufactured Housing National Appraisal System of the National Automobile Dealers Association.

      (Added to NRS by 2009, 1927)

      NRS 118B.184  Landlord to submit resident impact statement if closing or converting park.

      1.  Except as otherwise provided in subsection 4, if a landlord begins the process of closing or converting a manufactured home park, the landlord shall submit a resident impact statement to the appropriate local zoning board, planning commission or governing body.

      2.  The landlord shall submit the resident impact statement before:

      (a) The appropriate local zoning board, planning commission or governing body makes a decision concerning the closure or conversion of the manufactured home park; or

      (b) The conclusion of the process of closing or converting the manufactured home park,

Ê whichever is earlier.

      3.  The resident impact statement must be in such form as the Division prescribes by regulation and must include, without limitation, the following information:

      (a) The addresses and corresponding manufactured home identification numbers of all tenants of the park;

      (b) An analysis of replacement housing needs or requirements for the tenants; and

      (c) An analysis of any sites to which the homes of the tenants may be moved.

      4.  The provisions of this section do not apply to a landlord who complies with the rules, regulations or procedures for the closure or conversion of a manufactured home park established by the appropriate local zoning board, planning commission or governing body which include requirements that are substantially similar to or more stringent than the requirements of this section.

      (Added to NRS by 2007, 1029)

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

      1.  Each owner of a manufactured home park shall pay to the Division an annual fee established by the Administrator which must not exceed $5 for each lot within that park.

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

      3.  All fees collected by the Division pursuant to subsection 1 must be deposited in the State Treasury for credit to the Account for Regulating Manufactured Home Parks within the Fund for Manufactured Housing created pursuant to NRS 489.491. All expenses related to the regulation of manufactured home parks must be paid from the Account. The Account must not be used for any other purpose. Claims against the 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 tenant for the rental or lease of a manufactured home lot in a manufactured home park in this State, or for the rental or lease of a lot for a recreational vehicle in an area of a manufactured home park in this State other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 6 of NRS 40.215, must not be terminated by the landlord except upon notice in writing to the tenant served in the manner provided in NRS 40.280:

      (a) Except as otherwise provided in paragraph (b), 5 days in advance if the termination is because the conduct of the tenant constitutes a nuisance as defined in NRS 40.140 or violates a state law or local ordinance.

      (b) Three days in advance upon the issuance of temporary writ of restitution pursuant to NRS 40.300 on the grounds that a nuisance as defined in NRS 40.140 has occurred in the park by the act of a tenant or any guest, visitor or other member of a tenant’s household consisting 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 the influence of alcohol or any other controlled substance.

             (7) Elder molestation or abuse.

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

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

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

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

      3.  The service of such a notice does not enhance the landlord’s right, if any, to enter the tenant’s manufactured home. Except in an emergency, the landlord shall not enter the manufactured home of the tenant served with such a notice without the tenant’s permission or a court order allowing the entry.

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

      5.  The landlord and tenant may agree to a specific date for termination of the agreement. If any provision of this chapter specifies a period of notice which is longer than the period of a particular tenancy, 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 a natural person has received three notices for nonpayment of rent in accordance with subsection 1, the landlord is not required to give the tenant a further 10-day notice in advance of termination if the termination is because of failure 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 a tenancy or service of a notice pursuant to subsection 1 of NRS 118B.190, the rental agreement described in NRS 118B.190 may not be terminated except on one or more of the following grounds:

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

      (b) Failure of the tenant to correct any noncompliance with a law, ordinance or governmental regulation pertaining to manufactured homes or recreational vehicles or a valid rule or regulation established pursuant to NRS 118B.100 or to cure any violation of the rental agreement within a reasonable time after receiving written notification of noncompliance or violation;

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

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

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

      (f) Conduct of the tenant which constitutes a nuisance as defined in NRS 40.140 or which violates 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 the influence of alcohol or any other controlled substance; or

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

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

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

      2.  A tenant who is not a natural person and who has received three or more 10-day notices to quit for failure to pay rent in the preceding 12-month period may have his or her tenancy terminated by the landlord for habitual 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; 2009, 2690)

      NRS 118B.210  Retaliatory conduct by landlord and harassment by landlord, management or tenant prohibited.

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

      (a) The tenant has complained in good faith about a violation of a building, safety or health code or regulation pertaining to a manufactured home park to the governmental agency responsible for enforcing the code or regulation.

      (b) The tenant has complained to the landlord concerning the maintenance, condition or operation of the park or a violation of any provision of NRS 118B.040 to 118B.220, inclusive, or 118B.240.

      (c) The tenant has organized or become a member of a tenants’ league or similar organization.

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

             (1) NRS 118.165 as a result of a reduction in property taxes.

             (2) NRS 118B.153 when a service, utility or amenity is decreased or eliminated by the landlord.

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

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

      2.  A landlord, manager or assistant manager of a manufactured 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 or agent of the landlord.

      4.  As used in this section, “harass” means to threaten or intimidate, through words or conduct, with the intent to affect the terms or conditions of a tenancy or a person’s exercise of his or her rights pursuant to this chapter.

      (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  “Fund” defined.  As used in NRS 118B.211 to 118B.219, inclusive, “Fund” means the Fund 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  Annual fee for lots in park operated for profit; notice; discontinuation and resumption; penalty; deposit.

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

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

      3.  If on May 15 of that year the balance in the Fund which 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 on May 15 is less than $750,000. The Administrator shall request the State Treasurer to inform the Administrator of the applicable balance of the Fund on May 15 of each year.

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

      5.  All fees and penalties collected by the Division pursuant to this section must be deposited in the State Treasury for credit to the 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 fund in the State Treasury the Fund for Low-Income Owners of Manufactured Homes, to be administered by the Division. All money received for the use of the Fund pursuant to NRS 118B.213 or from any other source must be deposited in the Fund.

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

      3.  The money in the Fund may be used only to pay necessary administrative costs and to assist eligible persons by supplementing their monthly rent for the manufactured home lot on which their manufactured home is located. Except as otherwise provided in subsection 5, to be eligible for assistance 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 at least 1 year immediately preceding his or her application for assistance;

      (b) Be the registered owner of the manufactured home which is subject to the tenancy, as indicated on the certificate of ownership that is issued by the Division pursuant to NRS 489.541;

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

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

             (2) The federally designated level signifying poverty or $1,125, whichever is greater, if the person is not the sole occupant of the manufactured home;

      (d) Be a tenant in a manufactured home park that is operated for profit and maintain continuous tenancy in that park during the duration 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 to the tenancy;

             (2) The contents of that manufactured home; and

             (3) One motor vehicle.

Ê A person who has been a tenant of a manufactured home park in this State for at least 1 year, but has not been a tenant of the manufactured home park in which the tenant resides at the time the tenant applies for assistance for at least 1 year, is eligible for assistance from the Fund if the tenant moved to the manufactured home park in which the tenant resides at the time of his or her application because the tenant was unable to pay the rent at the manufactured home park from which the tenant moved or because that park was closed.

      4.  In determining the monthly household income of an applicant pursuant to subsection 3, the Administrator shall exclude from the calculation:

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

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

Ê whichever is greater.

      5.  The Administrator may waive the requirements for eligibility set forth in subsection 3 upon the written request of an applicant if the applicant demonstrates to the satisfaction of the Administrator that the circumstances of the applicant warrant a waiver as a result of:

      (a) Illness;

      (b) Disability; or

      (c) Extreme financial hardship based upon a significant reduction of income, when considering the applicant’s current financial circumstances.

Ê An applicant shall include with his or her request for a waiver all medical and financial documents that support his or her request.

      6.  The Administrator shall adopt regulations establishing:

      (a) The annual reporting requirements for persons receiving assistance pursuant to this section. The regulations must require that each such person provide the Division with a written acknowledgment of his or her continued eligibility for assistance.

      (b) The maximum amount of assistance which may be distributed to a person to supplement his or her monthly rent pursuant to this section.

      7.  As used in this section:

      (a) “Manufactured home” includes a travel trailer that is located on a manufactured home lot within a manufactured home park.

      (b) “Monthly household income” means the combined monthly incomes of the occupants of a manufactured home which is subject to the tenancy 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; 2013, 93)

      NRS 118B.2155  Contents of application for assistance from Fund.  Each application for assistance from the Fund must include:

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

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

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

Ê may be personally liable to the Division for any assistance incorrectly paid to him or her.

      2.  The provisions of NRS 118B.219.

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

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

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

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

      (b) Contain a statement informing the applicant or recipient that a hearing will be provided if a written request for a hearing is filed by the applicant or recipient within 20 days after the applicant or recipient receives the notice.

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

      3.  If an applicant for or recipient of assistance requests a hearing within 20 days after the applicant or recipient receives notice pursuant to subsection 1, a hearing must be conducted before a hearing officer appointed by the Director of the Department of Business and Industry or a person designated by the Director within 60 days after receipt of the request. The Division shall notify the applicant or recipient of the time, place and date of the hearing. An applicant whose application for assistance has been denied has the burden of proving that the applicant is entitled to receive assistance. The Division has the burden of proving the grounds for terminating the assistance provided to a recipient.

      4.  The hearing officer shall issue a decision within 30 days after the hearing and mail a copy of the decision to the applicant or recipient. The decision of the hearing officer is a final decision for purposes of judicial review.

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

      NRS 118B.217  Duties of Division: Preparation of list of eligible persons; determination of sufficiency 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 to receive assistance from the Fund; and

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

      2.  If the Division determines that the amount of money in the Fund is not sufficient to provide assistance to each person whose name appears on the list, the Division shall determine which of those eligible persons will receive assistance from the Fund.

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

      4.  Each person who receives assistance from the Fund must receive a percentage of his or her rent which is equal to the percentage of rent received by every other person who receives assistance from the Fund.

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

      NRS 118B.218  Notice of change in eligibility for assistance.  A person who receives assistance pursuant to NRS 118B.215 shall notify the Administrator of any change in his or her eligibility pursuant to that section within 10 days after the change. A person who violates this section is ineligible for assistance from the Fund.

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

      NRS 118B.2185  Recovery of assistance.  The Division may recover from a person who receives assistance from the Fund an amount not to exceed the assistance incorrectly paid to him or her if the person failed to report:

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

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

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

      NRS 118B.219  Civil penalties.

      1.  Any person who knowingly, by any false pretense, false or misleading statement, impersonation or misrepresentation, obtains or attempts to obtain with the intent to cheat or defraud the Division assistance from 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 the Division to determine whether that person received assistance incorrectly;

      (c) Court costs;

      (d) Attorney’s fees; and

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

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

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

REMEDIES AND PENALTIES

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

      1.  If a manufactured home or recreational vehicle is made unfit for occupancy for any period in excess of 48 hours by any cause for which the landlord is responsible or over which the landlord has control, the rent may be, at the tenant’s option, proportionately abated, and if it is, must be refunded or credited against the following month’s rent. The tenant need not abandon the manufactured home or recreational vehicle as a prerequisite to seeking relief under this subsection.

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

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

      (b) Deduct the cost from future rent.

      3.  A manufactured home shall be deemed unfit for occupancy if essential services such as fuel, water, electricity or sewer service 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.225  Purchase of manufactured home or placement of manufactured home on lot in reliance upon promotional materials that prove to be false or misleading.  A person who makes a payment toward the purchase of a manufactured home or the placement of a manufactured home on a manufactured home lot in a manufactured home park in reasonable reliance upon any material written statement contained in promotional materials relating to the manufactured home or manufactured home park, including, without limitation:

      1.  A prospectus;

      2.  Exhibits produced in support of a prospectus;

      3.  A brochure; or

      4.  A newspaper advertisement,

Ê that proves to be false or misleading may bring an action in a court of competent jurisdiction to rescind any contract or agreement and may recover damages and reasonable attorney’s fees from the landlord or manufactured home dealer that issued the false or misleading material written statement.

      (Added to NRS by 2007, 2323)

      NRS 118B.230  Unlawful termination of rental agreement by landlord.  If a 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  Controversies may be submitted for arbitration.  The landlord and the tenant may agree that any controversy relating to any matter arising under this chapter or under a rental agreement may be submitted for arbitration.

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

      NRS 118B.251  Fine for violation of provision of chapter.

      1.  The Administrator may impose a fine of not more than $1,000 against any person who violates any of the provisions of this chapter.

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

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

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

      5.  The decision of the Administrator to impose a fine pursuant to this section is a final decision for the purposes of judicial review.

      (Added to NRS by 1991, 846)

      NRS 118B.255  Deposit of administrative fines; appointment of hearing officer or panel; delegation of authority concerning disciplinary action; claims for attorney’s fees and costs of investigation.

      1.  Except as otherwise provided in this section, all money collected from administrative fines imposed pursuant to this chapter must be deposited in the State General Fund.

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

      (a) The person pays the administrative fine without exercising his or her right to a hearing to contest the administrative fine; or

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

      3.  The Administrator may appoint one or more hearing officers or panels and may delegate to those hearing officers or panels the power of the Administrator to conduct hearings and other proceedings, determine violations, impose fines and penalties and take other disciplinary action authorized by the provisions of this chapter.

      4.  If money collected from an administrative fine is deposited in the State General Fund, the Administrator may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      (Added to NRS by 2005, 2326)

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

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

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

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

Ê If a civil penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, must be recovered by the Administrator, if possible.

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