Existing federal law prohibits certain discriminatory practices relating to housing based on race, color, religion, sex, handicap, familial status or national origin. (42 U.S.C. §§ 3601 et seq.) Under certain circumstances, existing federal regulations provide that housing discrimination may be established based on the discriminatory effect of a practice, even if the practice was not motivated by a discriminatory intent. (24 C.F.R. § 100.500) This is commonly known as the “disparate impact standard.” The Nevada Fair Housing Law: (1) prohibits discrimination in housing on the basis of race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex; and (2) provides a process and remedies to enforce the Nevada Fair Housing Law if a person engages in such discrimination, including the authority to file a complaint with the Nevada Equal Rights Commission and to commence an action in any district court to obtain an injunction and civil damages. (NRS 118.010-118.120) This bill adopts the disparate impact standard for purposes of the Nevada Fair Housing Law. Section 1 of this bill provides that liability may be established for a discriminatory housing practice if: (1) the practice was motivated by a discriminatory intent; or (2) with certain exceptions, the practice was not motivated by a discriminatory intent but the practice actually or predictably results in a disparate impact on a group of persons or creates, increases, reinforces or perpetuates segregated housing patterns because of race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex. Section 1 further provides that there is no liability for a discriminatory housing practice based on the disparate impact standard if, based on evidence that is not hypothetical or speculative: (1) the practice is necessary to achieve one or more substantial, legitimate and nondiscriminatory interests of the respondent; and (2) the interests of the respondent could not be served by another practice that has a less discriminatory effect. Section 1 also provides that the complainant must establish that a challenged practice caused or predictably will cause a disparate impact. If the claimant meets such burden of proof, the respondent has the burden of proving that the challenged practice is necessary to achieve one or more substantial, legitimate and nondiscriminatory interests of the respondent. If the respondent meets his or her burden of proof, the complainant may still prevail upon proving that the substantial, legitimate and nondiscriminatory interests supporting the challenged practice could be served by another practice that has a less discriminatory effect. Section 2 of this bill makes a conforming change to include section 1 in the Nevada Fair Housing Law. Section 3 of this bill applies the definitions in existing law relating to discrimination in housing to the provisions of section 1.

Statutes affected:
As Introduced: 118.010, 118.030
BDR: 118.010, 118.030