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 15, 18 and 19 of this bill revise references to the types of discrimination from which persons are protected in Nevada to conform to federal law. Section 19 authorizes the Commission to initiate a complaint alleging an unlawful discriminatory practice in housing. Section 21 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 22 of this bill requires the Commission to serve upon a complainant certain information. Section 12 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, section 12 requires the Attorney General 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, determines that an unlawful discriminatory practice in housing has occurred, section 12 authorizes the Commission to 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 26 of this bill makes a conforming change to eliminate a requirement for the Commission to hold an informal meeting of the parties. Section 13 of this bill provides for the determination of a complaint by a court instead of the Commission. Section 14 of this bill establishes procedures for the judicial review of a final decision of the Commission. Sections 2-11 and 16 of this bill move definitions in existing law relating to the Commission and define various terms relating to the complaint process. Sections 22-24, 26 and 27 of this bill make conforming changes to existing law to incorporate those terms. Section 25 of this bill makes a conforming change to refer to a provision that has been renumbered in section 24. 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 20 of this bill authorizes the Commission to enter into such an agreement without legislative approval. Section 28 of this bill provides that the provisions of existing law 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. (Chapter 233 of NRS) Section 32 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; (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 of an applicant; and (3) evicting a tenant from a dwelling on the basis of his or her arrest record. Section 32 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 32 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 32, 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 33 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 two 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 two 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 two times the monthly rent. Sections 34-45 of this bill amend the Nevada Fair Housing Law to conform to federal law. Section 36 revises the definition of “disability” to exclude any current illegal use of or addiction to a controlled substance. Sections 37 and 38 revise the definitions of “dwelling” and “person,” respectively. Sections 30 and 31 of this bill define the terms “aggrieved person” and “unlawful discriminatory practice in housing,” respectively. Section 39 revises the prohibited practices which constitute an unlawful discriminatory practice in housing in Nevada. Section 39 prohibits discrimination in real estate-related transactions. Section 39 also sets forth certain exceptions to the application of its provisions. Section 40 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 41 revises accessibility requirements relating to the design and construction of a covered multifamily dwelling. Section 42 revises provisions prohibiting a landlord from refusing to rent a dwelling to a person with a disability with a service animal. Sections 43-45 revise provisions governing civil actions to enforce certain provisions relating to discrimination in housing. The Residential Landlord and Tenant Act sets forth certain rights and obligations of a landlord and tenant for certain residential tenancies in this State. (Chapter 118A of NRS) Section 46 of this bill adds to the Act a provision requiring a landlord to provide an itemized statement to a tenant if the tenant pays the landlord for any utility service.

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
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