Existing law defines the term “landlord” as a person who provides a dwelling unit for occupancy by another pursuant to a rental agreement. (NRS 118A.100) Section 2 of this bill applies to any landlord who: (1) uses a property manager for any number of dwelling units in this State; or (2) owns five or more dwelling units in this State, regardless of whether the landlord uses a property manager for any such dwelling unit. Section 2 requires the Housing Division of the Department of Business and Industry to establish a statewide registry of landlords that consists of the following information for each landlord: (1) the name of the landlord; (2) the state and county in which the landlord is domiciled; (3) the total number of dwelling units owned by the landlord in this State and the address of each dwelling unit; (4) the amount of periodic rent charged by the landlord for each dwelling unit in this State and the frequency with which the periodic rent is charged to the tenant; and (5) certain information relating to the property manager of the premises, if applicable. Section 2 requires each landlord who is not a member of an association to report to the Housing Division the information required to be contained in the statewide registry on an annual basis and at certain other times. If the landlord is a member of an association, section 2 requires the association, on behalf of the landlord, to report to the Division the information required to be contained in the statewide registry on an annual basis. Section 2 prohibits a property manager from providing services to a landlord who is not listed in the statewide registry. Section 2 additionally requires the Division to: (1) establish a mechanism for a tenant to file a complaint concerning a landlord; and (2) post such complaints on the Internet website of the Division. Finally, section 2: (1) authorizes the Division to establish by regulation an annual registration fee to be imposed on a landlord who registers with the registry; and (2) requires the Division to use the revenue from such fees to defray the administrative costs associated with implementing the registry of landlords and the mechanism for filing and posting complaints concerning landlords. Existing law provides a tenant certain remedies if: (1) a landlord is required by the rental agreement to provide certain essential items or services and the landlord willfully or negligently fails to do so; (2) the tenant gives written notice to the landlord specifying the breach; and (3) the landlord does not adequately remedy the breach or use his or her best efforts to remedy the breach within 48 hours, except a Saturday, Sunday or legal holiday, after the notice is received by the landlord. (NRS 118A.380) Section 3 of this bill additionally authorizes a tenant, at any time after such written notice has been provided and before the landlord has remedied the breach, to submit to the landlord a written request for alternative accommodations. Section 3 requires the landlord to, not later than 24 hours after receipt of the request, provide to the tenant and, with certain exceptions, continuously maintain thereafter until the breach is remedied a comparable dwelling unit or a hotel room, as selected by the landlord, at no cost to the tenant. Section 3 requires the comparable dwelling unit or hotel room to: (1) include certain features, depending upon the amount of time the dwelling unit or hotel room is required; and (2) be located within certain distances of the dwelling unit of the tenant. If a tenant is so relocated, section 3 requires the landlord to pay only certain expenses that arise from the relocation, specifically: (1) under certain circumstances, a per diem allowance in an amount that is at least equal to that provided for state officers and employees; and (2) other reasonable costs incurred due to the relocation, including, without limitation, costs of storage and transportation. Section 3 provides that the provisions of section 3 do not relieve a tenant who is relocated of the obligation to pay rent to his or her landlord. Section 4 of this bill provides that if a tenant is provided a hotel room pursuant to section 3 and, due to circumstances beyond the reasonable control of the landlord, the breach cannot be remedied by a date which is 60 days after the date on which the tenant's occupancy in the hotel room began, the obligation of the landlord to provide the hotel room terminates on that date. Section 4 requires a landlord who makes a determination that the breach cannot be remedied within that 60-day period to provide to the tenant, at the earliest opportunity, written notice: (1) that the breach cannot be remedied within 60 days; (2) of the date on which the hotel room will no longer be provided at the expense of the landlord; and (3) that the tenant may terminate his or her rental agreement with no liability or financial penalty. Section 4 also requires the landlord to return to the tenant the tenant's full security deposit, if any, on or before the date on which the landlord provides the written notice pursuant to section 4. Section 5 of this bill provides a tenant the same remedies against a landlord who violates section 3 or 4 as those provided under existing law for failure of the landlord to remedy or use his or her best efforts to remedy a breach relating to an essential good or service.

Statutes affected:
As Introduced: 118A.380
BDR: 118A.380