[Rev. 11/21/2013 9:37:42
AM--2013]
CHAPTER 118 - DISCRIMINATION IN HOUSING;
LANDLORD AND TENANT
DISCRIMINATION IN HOUSING
NRS 118.010 Short
title.
NRS 118.020 Declaration
of public policy of State.
NRS 118.030 Definitions.
NRS 118.040 “Commission”
defined.
NRS 118.045 “Disability”
defined.
NRS 118.050 “Discriminate”
defined.
NRS 118.060 “Dwelling”
defined.
NRS 118.065 “Familial
status” defined.
NRS 118.070 “Family”
defined.
NRS 118.075 “Gender
identity or expression” defined.
NRS 118.080 “Person”
defined.
NRS 118.090 “Rent”
defined.
NRS 118.093 “Sexual
orientation” defined.
NRS 118.095 Regulations.
NRS 118.100 Prohibited
acts and practices.
NRS 118.101 Modification
of dwelling by person with disability.
NRS 118.103 Construction
of certain covered multifamily dwellings to provide access to person with
disability.
NRS 118.105 Landlord
may not refuse to rent dwelling because person with disability will reside with
animal that provides assistance, support or service.
NRS 118.110 Aggrieved
person may file complaint.
NRS 118.115 Effect
of violation of state or federal laws in proceeding for possession of dwelling.
NRS 118.120 Actions
for injunction or damages.
PROPERTY TAXES PAID BY LANDLORD
NRS 118.165 Disclosure
of portion of rent which represents property taxes; reduction of rent; penalty
for failure to reduce rent; enforcement.
ABANDONMENT OF REAL PROPERTY BY TENANT
NRS 118.171 Definitions.
NRS 118.175 Liability
of tenant.
NRS 118.185 Date
of termination of rental agreement.
NRS 118.195 Notice
to tenant of landlord’s belief that property has been abandoned; property
deemed abandoned unless disputed by tenant.
NRS 118.205 Requirements
for notice.
_________
_________
DISCRIMINATION IN HOUSING
NRS 118.010 Short title. The
provisions of NRS 118.010 to 118.120,
inclusive, may be cited as the Nevada Fair Housing Law.
(Added to NRS by 1971, 729; A 1973, 1109; 1977, 1348,
1606; 2011,
867)
NRS 118.020 Declaration of public policy of State.
1. It is hereby declared to be the public
policy of the State of Nevada that all people in the State have equal
opportunity to inherit, purchase, lease, rent, sell, hold and convey real
property without discrimination, distinction or restriction because of race, religious
creed, color, national origin, disability, sexual orientation, gender identity
or expression, ancestry, familial status or sex.
2. Nothing in this chapter shall be deemed
to render enforceable a conveyance or other contract made by a person who lacks
the capacity to contract.
(Added to NRS by 1971, 729; A 1973, 195; 1991, 1020, 1980; 2011, 867)
NRS 118.030 Definitions. As
used in NRS 118.010 to 118.120,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 118.040 to 118.093,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1971, 729; A 1973, 1109; 1977, 1606;
1991, 1020,
1980; 1999, 1228; 2011, 868)
NRS 118.040 “Commission” defined. “Commission”
means the Nevada Equal Rights Commission.
(Added to NRS by 1971, 730; A 1975, 221)
NRS 118.045 “Disability” defined. “Disability”
means, with respect to a person:
1. A physical or mental impairment that substantially
limits one or more of the major life activities of the person;
2. A record of such an impairment; or
3. Being regarded as having such an
impairment.
(Added to NRS by 1991, 1020)
NRS 118.050 “Discriminate” defined. “Discriminate”
includes both “segregate” and “separate.”
(Added to NRS by 1971, 730)
NRS 118.060 “Dwelling” defined.
1. “Dwelling” means any building,
structure or portion thereof which is occupied as, or designed or intended for
occupancy as, a residence by one or more families, and any vacant land which is
offered for sale or lease for the construction or location thereon of any such
building, structure or portion thereof.
2. “Dwelling” does not include:
(a) A single-family house sold or rented by an
owner if:
(1) The owner does not own more than three
single-family houses at any one time or the owner does not own any interest in,
nor is there owned or reserved on his or her behalf, under any express or
voluntary agreement, title to or any right to all or a portion of the proceeds
from the sale or rental of, more than three single-family houses at any one
time; and
(2) The house was sold or rented without
the use in any manner of the sales or rental facilities or the sales or rental
services of any real estate broker, real estate broker-salesperson or real
estate salesperson licensed pursuant to chapter
645 of NRS.
(b) Rooms or units in dwellings containing living
quarters occupied or intended to be occupied by not more than four families
living independently of each other if the owner actually maintains and occupies
one of the living quarters as his or her residence and the owner has not within
the preceding 12-month period participated:
(1) As the principal in three or more
transactions involving the sale or rental of any dwelling or any interest
therein; or
(2) As an agent, otherwise than in the
sale of his or her own personal residence in providing sales or rental
facilities or sales or rental services in two or more transactions involving
the sale or rental of any dwelling or any interest therein.
3. The sale of a single-family house by an
owner not residing in that house at the time of the sale or who was not the
most recent resident of that house before the sale does not bring the house
within the definition of “dwelling” unless there is more than one such sale
within any 24-month period.
(Added to NRS by 1971, 730; A 1995, 404; 1997, 50)
NRS 118.065 “Familial status” defined. “Familial
status” means the fact that a person:
1. Lives with a child under the age of 18
and has:
(a) Lawful custody of the child; or
(b) Written permission to live with the child
from the person who has lawful custody of the child;
2. Is pregnant; or
3. Has begun a proceeding to adopt or
otherwise obtain lawful custody of a child.
(Added to NRS by 1991, 1979; A 1995, 1987)
NRS 118.070 “Family” defined. “Family”
includes a single individual.
(Added to NRS by 1971, 730)
NRS 118.075 “Gender identity or expression” defined. “Gender identity or expression” means a
gender-related identity, appearance, expression or behavior of a person,
regardless of the person’s assigned sex at birth.
(Added to NRS by 2011, 867)
NRS 118.080 “Person” defined. “Person”
includes the State of Nevada and all political subdivisions and agencies
thereof.
(Added to NRS by 1971, 730; A 1985, 507; 1991, 1020, 1980; 1995, 1987)
NRS 118.090 “Rent” defined. “Rent”
means rent, lease, sublease, let or otherwise grant for a consideration the
right to occupy premises not owned by the occupant.
(Added to NRS by 1971, 731)
NRS 118.093 “Sexual orientation” defined. “Sexual
orientation” means having or being perceived as having an orientation for
heterosexuality, homosexuality or bisexuality.
(Added to NRS by 2011, 867)
NRS 118.095 Regulations. The
Commission may adopt regulations, consistent with the fair housing provisions
of 42 U.S.C. §§ 3601 et seq., to carry out the provisions of NRS 118.010 to 118.120,
inclusive.
(Added to NRS by 1991, 1980; A 2011, 868)
NRS 118.100 Prohibited acts and practices. A
person shall not, because of race, religious creed, color, national origin,
disability, sexual orientation, gender identity or expression, ancestry,
familial status or sex:
1. Refuse to sell or rent or refuse to
negotiate for the sale or rental of, or otherwise make unavailable or deny, a
dwelling to any person.
2. Discriminate against any person in the
terms, conditions or privileges of sale or rental of a dwelling, including the
amount of breakage or brokerage fees, deposits or other undue penalties, or in
the provision of services or facilities in connection therewith.
3. Make, print or publish, or cause to be
made, printed or published, any notice, statement or advertisement with respect
to the sale or rental of a dwelling that indicates any preference, limitation
or discrimination, or an intention to make any preference, limitation or
discrimination. As used in this subsection, “dwelling” includes a house, room
or unit described in subsection 2 or 3 of NRS 118.060.
4. Represent to any person because of
race, religious creed, color, national origin, disability, sexual orientation,
gender identity or expression, ancestry, familial status or sex that any
dwelling is not available for inspection, sale or rental when the dwelling is
in fact so available.
5. For profit, induce or attempt to induce
any person to sell or rent any dwelling by representations regarding the entry
or prospective entry into the neighborhood of a person of a particular race,
religious creed, color, national origin, disability, sexual orientation, gender
identity or expression, ancestry, familial status or sex.
6. Coerce, intimidate, threaten or
interfere with any person in the exercise or enjoyment of, or on account of
that person having aided or encouraged any other person in the exercise or
enjoyment of, any right granted or protected in this chapter.
(Added to NRS by 1971, 731; A 1973, 195; 1991, 1020, 1980; 1995, 405; 1997, 51; 2011, 868)
NRS 118.101 Modification of dwelling by person with disability.
1. A person may not refuse to:
(a) Authorize a person with a disability to make
reasonable modifications to a dwelling which he or she occupies or will occupy
if:
(1) The person with the disability pays
for the modifications; and
(2) The modifications are necessary to
ensure that the person with the disability may use and enjoy the dwelling; or
(b) Make reasonable accommodations in rules,
policies, practices or services if those accommodations are necessary to ensure
that the person with the disability may use and enjoy the dwelling.
2. A landlord may, as a condition for the
authorization of such a modification, reasonably require the person who
requests the authorization, upon the termination of his or her occupancy, to
restore the dwelling to the condition that existed before the modification,
reasonable wear and tear excepted.
3. Except as otherwise provided in
subsection 4, a landlord may not increase the amount of security the landlord
customarily requires a person to deposit because that person has requested
authorization to modify a dwelling pursuant to subsection 1.
4. If a person requests authorization to
modify a dwelling pursuant to subsection 1, the landlord may require that
person to deposit a reasonable amount of security in addition to the amount the
landlord usually requires if the additional amount:
(a) Is necessary to ensure the restoration of the
dwelling pursuant to subsection 2;
(b) Does not exceed the actual cost of the
restoration; and
(c) Is deposited by the landlord in an
interest-bearing account. Any interest earned on the additional amount must be
paid to the person who requested the authorization.
5. As used in this section, “security” has
the meaning ascribed to it in NRS
118A.240.
(Added to NRS by 1995, 1986)
NRS 118.103 Construction of certain covered multifamily dwellings to provide
access to person with disability.
1. A covered multifamily dwelling which is
designed and constructed for occupancy on or after March 13, 1991, must be
constructed in such a manner that the dwelling contains at least one entrance
which is accessible to a person with a disability unless it is impracticable to
so design or construct the dwelling because of the terrain or unusual
characteristics of the site upon which it is constructed.
2. A covered multifamily dwelling which
contains at least one entrance which is accessible to a person with a
disability must be constructed in such a manner that:
(a) The common areas of the dwelling are readily
accessible to and usable by a person with a disability;
(b) The doors of the dwelling are sufficiently
wide to allow a person with a disability to enter and exit in a wheelchair;
(c) The units of the dwelling contain:
(1) An accessible route into and through
the dwelling;
(2) Reinforcements in the bathroom walls
so that bars for use by a person with a disability may be installed therein;
and
(3) Kitchens and bathrooms in which a
person in a wheelchair may maneuver; and
(d) The light switches, electrical outlets,
thermostats or any other environmental controls in the units of the dwelling
are placed in such a manner that they are accessible to a person in a
wheelchair.
3. As used in this section, “covered
multifamily dwelling” means:
(a) A building which consists of four or more
units and contains at least one elevator; or
(b) The units located on the ground floor of any
other building which consists of four or more units.
(Added to NRS by 1995, 1987)
NRS 118.105 Landlord may not refuse to rent dwelling because person with
disability will reside with animal that provides assistance, support or
service.
1. Except as otherwise provided in
subsection 2, a landlord may not refuse to rent a dwelling subject to the
provisions of chapter 118A of NRS to a
person with a disability solely because an animal will be residing with the
prospective tenant in the dwelling if the animal assists, supports or provides
service to the person with a disability.
2. A landlord may require proof that an
animal assists, supports or provides service to the person with a disability.
This requirement may be satisfied, without limitation, by a statement from a
provider of health care that the animal performs a function that ameliorates
the effects of the person’s disability.
(Added to NRS by 1977, 1347; A 1981, 1915; 1987, 824; 1991, 1021, 1981; 2003, 2975; 2005, 630)
NRS 118.110 Aggrieved person may file complaint. Any
aggrieved person who claims to have been injured by a discriminatory housing
practice or who believes that he or she will be injured by such a practice that
is about to occur may file a complaint with the Commission in the manner
prescribed in NRS 233.160.
(Added to NRS by 1971, 731; A 1973, 1109; 1977, 1606;
1995, 1987)
NRS 118.115 Effect of violation of state or federal laws in proceeding for
possession of dwelling. A tenant
has a defense in a summary proceeding or other action for possession of a
dwelling if the landlord’s attempt to terminate the tenancy or regain
possession violates any provision of NRS 118.010 to
118.120, inclusive, or the Fair Housing Act of
1968, 42 U.S.C. §§ 3601 et seq.
(Added to NRS by 1999, 1228; A 2011, 868)
NRS 118.120 Actions for injunction or damages. Any
person may commence an action in any district court in this state to enforce
the provisions of NRS 118.100, 207.300, 207.310, 645.321 or 645C.480 not less than 1 year after the
date of the occurrence or termination of an alleged violation of any of those
provisions. If the court determines that the provisions of any of those
sections have been violated by the defendant, and that the plaintiff has been
injured thereby, it may enjoin the defendant from continued violation or may
take such other affirmative action as may be appropriate, and, in the case of a
prevailing plaintiff, may award to the plaintiff actual damages, punitive
damages, court costs and a reasonable attorney’s fee.
(Added to NRS by 1971, 732; A 1977, 1608; 1995, 1988)
PROPERTY TAXES PAID BY LANDLORD
NRS 118.165 Disclosure of portion of rent which represents property taxes;
reduction of rent; penalty for failure to reduce rent; enforcement.
1. Unless exempted by subsection 3, every
landlord of real property leased or otherwise rented to a tenant, including
every landlord of a mobile home park, shall deliver to the tenant in July of
each year, and whenever the periodic rent changes, a statement which shows
separately for each periodic payment of rent:
(a) The amount which represents property taxes
paid by the landlord; and
(b) The remainder of that payment.
2. If the property rented is one of
several upon which the landlord pays taxes together, the amount which
represents property taxes must be calculated by:
(a) Apportioning the total property tax paid for
the year upon the entire property among the individual properties rented
according to their respective areas.
(b) Reducing the amount so apportioned to each
particular property for the year by the appropriate fraction to correspond to
the period for which rent on it is paid.
3. This section does not apply to:
(a) Any property covered by a written agreement
which requires the tenant to pay the property tax or otherwise provides for
calculation and notice to the tenant of its amount.
(b) Any lodging unless it contains its own
cooking and toilet facilities, separate from other living quarters.
(c) Any room in a hotel or motel.
(d) Any concession within a larger commercial
enterprise, or any other property not customarily used separately from adjacent
units.
(e) Any property for which the rent is a share of
sales or profit.
4. The statements required in July 1981 by
subsection 1 must show, in addition to the information required as of the date
the statement is prepared, the comparable information as of July 1980. Each
landlord of property which is subject to this section shall reduce the periodic
rent otherwise payable by an amount equal to 90 percent of any reduction from
1980 to 1981 of the amount which represents property taxes as shown in the
statements required by that subsection.
5. This section does not purport to
regulate the total amount of rent payable.
6. A landlord who fails to reduce the
periodic rent in accordance with subsection 4 is liable to each tenant whose
rent was not properly reduced for an amount equal to three times the amount
which was overpaid by the tenant, unless the landlord shows good cause for the
failure. If the tenant made written demand upon his or her landlord at least 20
days before bringing his or her action under this subsection, a judgment for
the tenant must include costs and a reasonable attorney’s fee.
7. The Department of Taxation is
responsible for enforcing the provisions of this section.
(Added to NRS by 1979, 1235; A 1981, 298; 1987, 976)
ABANDONMENT OF REAL PROPERTY BY TENANT
NRS 118.171 Definitions. As used
in NRS 118.171 to 118.205,
inclusive, unless the context otherwise requires:
1. “Real property” includes an apartment,
a dwelling, a mobile home that is owned by a landlord and located on property
owned by the landlord and commercial premises.
2. “Rental agreement” means an agreement
to lease or sublease real property for a term less than life which provides for
the periodic payment of rent.
3. “Tenant” means a person who has the
right to possess real property pursuant to a rental agreement.
(Added to NRS by 1991, 1039; A 2009, 1965;
2011, 1489)
NRS 118.175 Liability of tenant. If
a tenant of real property abandons the property, the landlord shall make
reasonable efforts to rent it at a fair rental. If the landlord rents the
property for a term beginning before the expiration of the rental agreement
pursuant to its terms or if, despite the landlord’s reasonable efforts, the
landlord is unable to rent the property before the rental agreement is
otherwise terminated, the former tenant is liable for any actual damages of the
landlord which may result from the abandonment. If the landlord fails to make
reasonable efforts to rent the property at a fair rental, the former tenant is
liable for any actual damages of the landlord occurring before the landlord had
reason to believe that the property was abandoned. If the tenancy is from month
to month or week to week, the term of the rental agreement for this purpose is
deemed to be a month or a week, as the case may be.
(Added to NRS by 1977, 1347; A 1991, 1040)
NRS 118.185 Date of termination of rental agreement. If a tenant of real property abandons the
property before the expiration of the rental agreement pursuant to its terms,
the rental agreement terminates when:
1. The tenant provides the landlord with
notice of the tenant’s intention to abandon the property, and the landlord
accepts the surrender of the property;
2. The landlord rents the property to
another tenant;
3. The property is deemed to be abandoned
pursuant to NRS 118.195;
4. The rental agreement is terminated by
court order or pursuant to the provisions of chapter
118A of NRS; or
5. The rental agreement expires pursuant
to its terms,
Ê whichever
occurs first.
(Added to NRS by 1991, 1039)
NRS 118.195 Notice to tenant of landlord’s belief that property has been
abandoned; property deemed abandoned unless disputed by tenant.
1. If a landlord of real property
reasonably believes that his or her tenant has abandoned the property, and the
tenant is in default in the payment of rent, the landlord may serve the tenant
with a written notice of the landlord’s belief that the property has been
abandoned. If the tenant fails, within 5 days after service of the notice by
the landlord, to:
(a) Pay the rent due; and
(b) Provide the landlord with a written notice:
(1) Stating the tenant’s intention not to
abandon the property; and
(2) Setting forth an address at which the
tenant may be served with legal process,
Ê the property
shall be deemed abandoned by the tenant and the rental agreement shall be
deemed terminated. The property shall not be deemed abandoned if the tenant
pays the rent due and provides the written notice within the prescribed time.
2. Real property shall not be deemed
abandoned pursuant to this section if the tenant proves that at the time the
landlord served notice:
(a) The tenant was not in default in the payment
of rent; or
(b) It was not reasonable for the landlord to
believe that the tenant had abandoned the real property. The fact that the
landlord knew that the tenant left personal property on the real property does
not, of itself, justify a finding that the landlord did not reasonably believe
that the tenant had abandoned the real property.
3. The provisions of this section do not
preclude a landlord or tenant from otherwise proving that real property has
been abandoned.
(Added to NRS by 1991, 1040)
NRS 118.205 Requirements for notice. A
notice provided by a landlord to a tenant pursuant to NRS
118.195:
1. Must advise the tenant of the
provisions of that section and specify:
(a) The address or other location of the
property;
(b) The date upon which the property will be
deemed abandoned and the rental agreement terminated; and
(c) An address for payment of the rent due and
delivery of notice to the landlord.
2. Must be served pursuant to subsection 1
of NRS 40.280.
3. May be included in the notice required
by subsection 1 of NRS 40.253.
(Added to NRS by 1991, 1040)