In general, existing law provides for a summary eviction procedure when a tenant defaults in the payment of rent. (NRS 40.253) Section 9 of this bill authorizes a tenant who has been served with a notice to pay rent or surrender the premises to request that the court stay an action for summary eviction based on a default in the payment of rent until a decision concerning an application for rental assistance is made. Section 9 establishes the procedure for a tenant to request such a stay and criteria for the issuance of a stay. If the court issues such a stay, section 9: (1) authorizes a landlord to file a motion to lift the stay under certain circumstances; and (2) requires that the stay expire not later than 60 days after it is issued. If an application for rental assistance is granted in an amount that will allow the tenant in an action that has been stayed to cure the default, section 9 requires the landlord to accept payment of rent from the tenant and rental assistance on behalf of the tenant. If the application for rental assistance is denied or granted in an amount that will not allow the tenant in an action that has been stayed to cure the default, section 9 requires the court to proceed with the action for summary eviction in accordance with the requirements prescribed by existing law. Section 21.2 of this bill makes a conforming change relating to the submission of an affidavit pursuant to section 9. Section 9.1 of this bill creates a similar process that becomes effective if and only if Assembly Bill No. 340 of this session is enacted by the Legislature and approved by the Governor. In general, existing law provides for a summary eviction procedure when a tenant neglects or fails to perform a condition or covenant of a lease or agreement. (NRS 40.254) Section 9.7 of this bill requires a court to dismiss an action for summary eviction based on neglect or failure to perform a condition or covenant of a lease or agreement if the court finds that the affidavit of complaint for summary eviction was filed by the landlord in bad faith or as a pretext for evicting a tenant who is in default in the payment of rent. Section 21.4 of this bill creates a similar requirement that becomes effective if and only if Assembly Bill No. 340 of this session is not enacted by the Legislature and approved by the Governor. Section 9.5 of this bill authorizes a justice court to establish a diversion program to which it may assign an eligible tenant subject to an action for summary eviction. Section 9.5 sets forth factors the court may consider in determining whether a tenant is eligible for assignment to such a diversion program. If the court assigns a tenant to such a diversion program, section 9.5 requires the court to: (1) stay the pending action for summary eviction for not more than 60 days; and (2) if the tenant pays the landlord the rent that is in default or surrenders the premises before the expiration of the stay, dismiss the action.

Statutes affected:
As Introduced: 40.253, 40.254