Existing law: (1) requires a landlord to maintain a dwelling unit in a habitable condition at all times during the tenancy; and (2) provides that a dwelling unit is not habitable if it violates provisions of housing or health codes concerning the health, safety, sanitation or fitness for habitation. (NRS 118A.290) Sections 8 and 27 of this bill provide that: (1) if a residential property is maintained in a way that violates any applicable habitability standard, housing code or building code, or any statute or ordinance relating to habitability, building safety or fire safety; and (2) as a result of the violation or violations, the condition of the residential property is of such a nature that the health and safety of residents or the public are substantially endangered, the appropriate department of the county or city, as applicable, may notify the owner and order that the owner repair or rehabilitate the property or abate the condition. Sections 8 and 27 also set forth certain requirements for the notice. Sections 9 and 28 of this bill provide that if the owner of the residential property fails to comply with the terms of the notice and summary order, the county or city, as applicable, certain actions may be brought to have the residential property declared to be a substandard property, including an action to have a receiver appointed to manage the repair or rehabilitation of the substandard property. Sections 10 and 29 of this bill: (1) set forth certain findings and considerations that must be made by the district court in order to declare a residential property to be a substandard property; and (2) require an order issued by the district court declaring a residential property to be a substandard property to set forth the conditions that make the residential property a substandard property and the repairs, rehabilitations and abatements that are necessary to correct each violation of a habitability standard, housing code or building code, or any statute or ordinance relating to habitability, building safety or fire safety. Sections 11 and 30 of this bill provide that if the district court finds that there is a condition of the substandard property which substantially endangers the health and safety of the residents, the district court must: (1) order the owner of the substandard property to pay all reasonable and actual costs of the board of county commissioners or governing body of the city, as applicable; (2) order that the board of county commissioners or governing body of the city provide each tenant with notice of the judgment and court order; (3) order, uncertain circumstances, the owner to provide or pay certain relocation benefits and compensation to the tenants; (4) determine the date when a tenant has to relocate; and (5) make certain other orders. Sections 12 and 31 of this bill set forth certain duties for a receiver appointed for a substandard property. Sections 13 and 32 of this bill provide that a receiver appointed for a substandard property is entitled to the same fees, commissions and necessary expenses as a receiver in an action to foreclose a mortgage. Sections 14 and 33 of this bill require a receiver appointed for a substandard property to prepare and submit monthly reports to the board of county commissioners or governing body of a city. Sections 15 and 34 of this bill: (1) require the district court to discharge the receiver for a substandard property under certain circumstances; and (2) authorize the district court to retain jurisdiction over the substandard property for a period of time not to exceed 18 consecutive months. Sections 16 and 35 of this bill authorize the district court to require the owner of a substandard property to pay all unrecovered costs associated with the receivership. Sections 17 and 36 of this bill provide that the remedies and penalties set forth in sections 2-18 and 21-37 of this bill are cumulative, may not be abrogated and are in addition to any other remedies or penalties that may exist in law or equity. Sections 18 and 37 provide that nothing in sections 2-18 and 21-37 is intended to deprive any owner of a residential property or substandard property any right guaranteed by the United States Constitution or Nevada Constitution, including, the right to due process. Existing law authorizes a receiver to be appointed in certain actions. (NRS 32.010) Section 19 of this bill authorizes a receiver to be appointed in an action to have a residential property declared to be a substandard property that is brought pursuant to section 10 or 29 to manage the repair or rehabilitation of the substandard property. Sections 2-7 and 21-26 define certain terms used in the provisions of sections 2-18 and 21-37, respectively.

Statutes affected:
As Introduced: 32.010
BDR: 32.010