Nrs: Chapter 118 - Discrimination In Housing; Landlord And Tenant


Published: 2015

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[Rev. 11/21/2013 9:37:42

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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)

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