Existing law regulates various activities relating to manufactured homes, mobile homes, manufactured buildings, commercial coaches and factory-built housing. (Chapter 489 of NRS) Sections 1 and 24-28 of this bill make the requirements and prohibitions in existing law relating to trip permits applicable to manufactured buildings. (NRS 489.122, 489.611-489.661) Sections 2 and 9 of this bill make certain provisions in existing law relating to the issuance of certificates and labels of compliance applicable to manufactured buildings. (NRS 489.241, 489.461) Sections 3 and 14-18 of this bill make the requirements in existing law relating to regulations governing certain sales and the issuance of certificates of title by the Housing Division of the Department of Business and Industry applicable to manufactured buildings. (NRS 489.272, 489.531-489.581) Sections 4-6 of this bill make the enforcement authority of the Division in existing law relating to notice of violations, orders to vacate and orders to stop work applicable to manufactured buildings. (NRS 489.291, 489.295, 489.297) Section 8 of this bill makes the provisions relating to advance fees in existing law applicable to sales of manufactured buildings and factory-built housing. (NRS 489.426) Existing law creates the Account for Housing Inspection and Compliance in the State General Fund and requires that this Account be administered by the Division. (NRS 319.169) Under existing law, a person is required to obtain a license from the Division to engage in the business of a dealer, distributor, manufacturer, general serviceperson, specialty serviceperson, salesperson or certain managing employee in connection with the sale, lease, distribution, alteration, repair, remodeling or manufacture of a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing. (NRS 489.311, 489.341) Existing law provides a procedure pursuant to which certain persons who obtain judgments against such licensees for acts of fraud, misrepresentation or deceit made in connection with their licenses are authorized to make a claim for payment from the Account of any unpaid damages, subject to certain monetary limitations. (NRS 489.4971-489.4989) Sections 10 and 11 of this bill clarify that an eligible claimant for such a payment is not only a purchaser of a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing but any person who entered into an agreement for the sale, purchase, lease, distribution, alteration, repair, remodeling or manufacture of such housing. Sections 10 and 11 also expand the actions regarding which such claims are authorized to be made to include any action against a licensee in which damages are recovered for an act or omission of the licensee that violates the laws governing manufactured homes, mobile homes, manufactured buildings, commercial coaches and factory-built housing. Additionally, sections 10 and 11 reorganize the existing procedure for making a claim for payment from the Account. Section 7 of this bill makes a conforming change to refer to a provision that has been renumbered by section 10. (NRS 489.325) Existing law sets forth certain requirements concerning the sale of a new, used or rebuilt manufactured home, mobile home, manufactured building or commercial coach or new, used or rebuilt factory-built housing. (NRS 489.501, 489.511, 489.521) If such a sale is conducted by a dealer, existing law requires the dealer to complete a report of sale in a form prescribed by the Division and submit the report of sale and certain other documents to the Division within certain time periods after the sale. (NRS 489.501, 489.511) In addition to the report of sale and other documents, sections 12 and 13 of this bill require a dealer to submit to the Division within certain time periods after the sale the completed contract for sale prescribed by the Administrator of the Division. Sections 19-23 of this bill make the provisions in existing law relating to the issuance of labels and certificates of installation applicable to manufactured buildings and commercial coaches. (NRS 489.591-489.5965) Section 29 of this bill makes the exemption of a dealer from property taxes for inventory in existing law applicable to the dealer's inventory of manufactured buildings and factory-built housing. (NRS 489.711) Section 30 of this bill makes the requirements for offers to sell, buy or lease used manufactured homes, mobile homes and commercial coaches applicable to such offers for used manufactured buildings and factory-built housing. (NRS 489.715) Section 31 of this bill expands the forms of contracts in existing law that the Administrator is required to prescribe for use by a dealer to include contracts for the sale or listing for sale of a manufactured building or factory-built housing. (NRS 489.7152) Existing law: (1) authorizes the Division to investigate and audit any financial account related to the business of a dealer or distributor of a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing to investigate potential insolvency or to administer or enforce any law; and (2) requires the Administrator to adopt regulations prescribing the scope of such an audit. (NRS 489.7235) Instead of investigating for potential insolvency, section 32 of this bill authorizes the Division to investigate whether the dealer or distributor violated laws governing manufactured homes, mobile homes, manufactured buildings, commercial coaches and factory-built housing. Section 32 also broadens the authority of the Division for adoption of the regulations to include the investigation and other related matters. Sections 33 and 35 of this bill expand the prohibition in existing law against a dealer commingling his or her money with money or other property of a seller or purchaser of a manufactured home or mobile home to apply to sales or purchases of manufactured buildings, commercial coaches and factory-built housing. (NRS 489.727, 489.821) Section 34 of this bill expands the prohibition against manufacturing a manufactured home, mobile home, travel trailer or commercial coach unless the components and system are constructed or assembled according to certain standards to include manufactured buildings and factory-built housing. (NRS 489.801) Existing law sets forth certain rights and obligations of the owner or lessor of a manufactured home lot within a manufactured home park or the owner or lessor of such a park. (NRS 118B.065-118B.185) Existing law defines such an owner or lessor as a “landlord.” (NRS 118B.014) Existing law defines the owner of a manufactured home which is located on a manufactured home lot in a manufactured home park as a “tenant.” (NRS 118B.0185) Section 36 of this bill establishes the rights of the landlord to access the lot of a tenant. Section 36 is modeled on the rights of a landlord to access the dwelling unit of a tenant in the Residential Landlord and Tenant Act. (NRS 118A.330) Existing law prohibits certain retaliatory conduct by a landlord against a tenant, including terminating a tenancy, refusing to renew a tenancy, increasing rent or decreasing services, or bringing or threatening to bring an action for possession of a manufactured home lot because the tenant has complained to the landlord concerning a violation of certain provisions of existing law. (NRS 118B.210) Section 39 of this bill also prohibits such retaliatory conduct by a landlord against a tenant who complains about a violation of section 36. Existing law requires a landlord to: (1) provide certain written disclosures to each tenant, including certain contact information for the park owner, manager, assistant manager and person authorized to receive service of process for the landlord; and (2) post or provide to each tenant the office hours or the landlord's availability at the park. (NRS 118B.080) Section 37 of this bill adds to such disclosure requirements an electronic mail address for such persons and requires that the office hours be during regular business hours. Section 37 also requires that the manager or assistant manager of a manufactured home park consisting of 75 or more lots: (1) be available at the park location for a minimum of 8 hours each week during regular business hours; and (2) post such hours. Existing law authorizes a landlord or his or her agent or employee to require a tenant to landscape and maintain the tenant's lot if the landlord advises the tenant in writing of reasonable requirements for landscaping. (NRS 118B.120) Section 38 of this bill changes the authority of the landlord regarding landscaping to only allow the landlord to require the tenant to reasonably maintain the tenant's lot to control weeds and any grass or other vegetation and only if the landlord had provided the tenant with 30 days' advance written notice of the requirement. Existing law sets forth various requirements and restrictions relating to a mobile home park. (NRS 461A.215-461A.237) Section 40 of this bill requires a seller or transferor of a mobile home park to notify the Division of the sale or transfer of the park, in a form prescribed by the Division, within 10 business days after the sale or transfer.

Statutes affected:
BDR: 489.122, 489.241, 489.272, 489.291, 489.295, 489.297, 489.325, 489.426, 489.461, 489.4971, 489.4975, 489.501, 489.511, 489.531, 489.561, 489.564, 489.571, 489.581, 489.591, 489.593, 489.595, 489.596, 489.5965, 489.611, 489.621, 489.631, 489.641, 489.661, 489.711, 489.715, 489.7152, 489.7235, 489.727, 489.801, 489.821, 118B.080, 118B.120, 118B.210