Existing law creates the Nevada Equal Rights Commission within the Department of Employment, Training and Rehabilitation. (NRS 232.910, 233.030) The Commission is authorized to investigate and conduct hearings concerning acts of prejudice with regard to housing, employment and public accommodations. (NRS 233.150) Existing law sets forth the Nevada Fair Housing Law to prohibit discrimination in housing. (NRS 118.010-118.120) In addition, the federal Fair Housing Act of 1968, as amended, prohibits discrimination in the sale, rental and financing of dwellings and in other housing-related transactions. (42 U.S.C. §§ 3601 et seq.) Sections 17, 20 and 21 of this bill revise references to the types of discrimination from which persons are protected in Nevada to conform to federal law. Section 21 authorizes the Commission to initiate a complaint alleging an unlawful discriminatory practice in housing. Section 23 of this bill requires the Commission to investigate each complaint which alleges an unlawful discriminatory practice in housing and to attempt to resolve the issues raised in the complaint through informal negotiations with the parties. Section 24 of this bill requires the Commission to serve upon an aggrieved person certain information. Section 14 of this bill establishes new procedures and requirements with respect to investigations and administrative hearings concerning such complaints. Following the Commission's investigation of a complaint, if the Administrator of the Commission determines that probable cause exists to believe that an unlawful discriminatory practice in housing has occurred or is about to occur, the Attorney General is required to: (1) prepare a notice of hearing and serve the notice upon the parties; and (2) unless a party elects to have the matter determined by a court, prepare and prosecute the complaint in a public hearing before the Commission. If the Commission, based on a preponderance of the evidence presented at the hearing, determines that an unlawful discriminatory practice in housing has occurred, the Commission may issue an order to cease and desist, order appropriate injunctive or other equitable relief, award actual damages, impose civil penalties and award costs and attorney's fees. Section 28 of this bill makes a conforming change to eliminate a requirement for the Commission to hold an informal meeting of the parties. Section 15 of this bill provides for the determination of the complaint by a court instead of the Commission. Section 16 of this bill establishes procedures for the judicial review of a final decision of the Commission. Sections 2-13 and 18 of this bill move the existing definitions in chapter 233 of NRS and define various terms relating to the complaint process. Sections 24-26, 28 and 29 of this bill make changes to existing provisions to use these terms. Sections 19 and 27 of this bill make conforming changes to internal references. Existing law prohibits the Commission from entering into certain agreements with the United States Department of Housing and Urban Development for the Commission to investigate and enforce laws relating to fair housing as a certified agency under federal law unless the Legislature expressly authorizes the Commission to do so. (NRS 233.153) Section 22 of this bill authorizes the Commission to enter into such an agreement without legislative approval. Section 30 of this bill provides that the provisions of chapter 233 of NRS relating to the judicial review of decisions of the Commission concerning unlawful discriminatory practice in housing prevail over the provisions of the Nevada Administrative Procedure Act. Section 34 of this bill prohibits, with certain exceptions, a person seeking to rent or lease a dwelling, or renting or leasing a dwelling, from: (1) refusing to rent or lease, or refusing to negotiate to rent or lease, a dwelling to an applicant on the basis of the applicant's arrest record, conviction record or record of criminal history; (2) making, printing or publishing any notice, statement or advertisement relating to the rental or lease which indicates a preference based on the arrest record, conviction record or record of criminal history of an applicant; and (3) evicting a tenant from a dwelling on the basis of his or her arrest record, conviction record or record of criminal history for a misdemeanor offense, unless the offense occurred on the premises of the dwelling. Section 34 provides that a person may inquire into or conduct a background check into the conviction record or record of criminal history of an applicant to determine whether the applicant has certain offenses on his or her record. A person may refuse to rent or lease a dwelling to an applicant who has any such offense on his or her record. Section 34 also requires a person who makes a dwelling available for rent or lease to provide each applicant with information on how to file an appeal of a denial to rent or lease or file a complaint with the Commission. Section 34 limits the applicability of these provisions to any dwelling unit that is owned by a natural person and contains five or more dwelling units. For purposes of section 34, a “dwelling” is defined, with certain exceptions, as: (1) public housing; (2) any housing that is rented or leased to a tenant pursuant to a contract with a housing authority; or (3) any housing which accepts vouchers for rental payment. A “dwelling” does not include: (1) a manufactured home; or (2) a single-family house owned by a natural person or any other housing that is owned by a natural person and has four or fewer dwelling units. Section 35 of this bill prohibits a person seeking to rent or lease a dwelling, or renting or leasing a dwelling from: (1) requiring a guarantor on a contract to rent or lease a dwelling to provide proof of income in an amount greater than three times the monthly rent or lease; (2) refusing to rent or lease or refusing to negotiate to rent or lease a dwelling to an applicant because a guarantor has not provided proof of income in an amount greater than three times the monthly rent or lease; or (3) making, printing or publishing any notice, statement or advertisement relating to the rental or lease of a dwelling which indicates a requirement for a guarantor to provide proof of income in an amount greater than three times the monthly rent. Sections 36-47 of this bill amend the Nevada Fair Housing Law to conform to federal law. Section 38 of this bill revises the definition of “disability” to exclude any current illegal use of or addiction to a controlled substance. Sections 39 and 40 of this bill revise the definitions of “dwelling” and “person.” Sections 32 and 33 of this bill define the terms “aggrieved person” and “unlawful discriminatory practice in housing.” Section 41 of this bill revises the prohibited practices which constitute an unlawful discriminatory practice in housing in Nevada. Section 41 prohibits discrimination in real estate related transactions. Section 41 also sets forth certain exceptions to the application of its provisions. Section 42 of this bill prohibits a person from refusing to: (1) allow a person with a disability to make reasonable modifications to a dwelling which may be necessary to afford the person with a disability full enjoyment of the dwelling, if the person with a disability pays for the modifications; or (2) make reasonable accommodations in rules, policies, practices or services which may be necessary to afford a person with a disability equal opportunity to use and enjoy the dwelling. Section 43 of this bill revises accessibility requirements relating to the design and construction of a covered multifamily dwelling. Section 44 of this bill revises provisions prohibiting a landlord from refusing to rent a dwelling to a person with a disability with a service animal. Sections 45-47 of this bill revise provisions governing civil actions to enforce certain provisions relating to discrimination in housing. Section 47.5 of this bill makes an appropriation to the Nevada Equal Rights Commission for personnel, operating and technology expenses associated with carrying out the provisions of this bill.

Statutes affected:
As Introduced: 233.010, 233.020, 233.085, 233.140, 233.150, 233.153, 233.157, 233.160, 233.165, 233.170, 233.175, 233.180, 233.190, 233B.039, 118.020, 118.030, 118.045, 118.060, 118.080, 118.100, 118.101, 118.103, 118.105, 118.110, 118.120
Reprint 1: 233.010, 233.020, 233.085, 233.140, 233.150, 233.153, 233.157, 233.160, 233.165, 233.170, 233.175, 233.180, 233.190, 233B.039, 118.020, 118.030, 118.045, 118.060, 118.080, 118.100, 118.101, 118.103, 118.105, 118.110, 118.120
Reprint 2: 233.010, 233.020, 233.085, 233.140, 233.150, 233.153, 233.157, 233.160, 233.165, 233.170, 233.175, 233.180, 233.190, 233B.039, 118.020, 118.030, 118.045, 118.060, 118.080, 118.100, 118.101, 118.103, 118.105, 118.110, 118.120
BDR: 233.010, 233.020, 233.085, 233.140, 233.150, 233.153, 233.157, 233.160, 233.165, 233.170, 233.175, 233.180, 233.190, 233B.039, 118.020, 118.030, 118.045, 118.060, 118.080, 118.100, 118.101, 118.103, 118.105, 118.110, 118.120