Existing law creates the Nevada Equal Rights Commission. (NRS 233.030) The Commission is authorized to investigate and conduct hearings concerning acts of prejudice with regard to housing, employment and public accommodation. (NRS 233.150) Existing law also sets forth the Nevada Fair Housing Law to prohibit discrimination in housing. (NRS 118.010-118.120) In addition, the federal Fair Housing Act of 1968, as amended, prohibits discrimination in the sale, rental and financing of dwellings and in other housing related transactions. (42 U.S.C. §§ 3601 et seq.) Sections 17, 20 and 21 of this bill revise references to the types of discrimination from which persons are protected in Nevada to conform to federal law. Section 21 of this bill authorizes the Commission to initiate a complaint alleging an unlawful discriminatory practice in housing. Section 23 of this bill requires the Commission to investigate each complaint which alleges an unlawful discriminatory practice in housing and to attempt to resolve the issues raised in the complaint through informal negotiations with the parties. Section 24 of this bill requires the Commission to serve upon an aggrieved person certain information. Section 14 of this bill establishes new procedures and requirements with respect to investigations and administrative hearings concerning such complaints. Following the Commission's investigation of a complaint, if the Administrator of the Commission determines that probable cause exists to believe that an unlawful discriminatory practice in housing has occurred or is about to occur, the Attorney General is required to: (1) prepare a notice of hearing and serve the notice upon the parties; and (2) unless a party elects to have the matter determined by a court, prepare and prosecute the complaint in a public hearing before the Commission. If the Commission, based on a preponderance of the evidence presented at the hearing, determines that an unlawful discriminatory practice in housing has occurred, the Commission may issue an order to cease and desist, order appropriate injunctive or other equitable relief, award actual damages, impose civil penalties and award costs and attorney's fees. Section 27 of this bill makes a conforming change to eliminate the requirement for the Commission to hold an informal meeting of the parties. Section 15 of this bill provides for the determination of the complaint by a court instead of the Commission. Section 16 of this bill establishes procedures for the judicial review of a final decision of the Commission. Sections 2-13 and 18 of this bill move the existing definitions in chapter 233 of NRS and define various terms relating to the complaint process. Sections 24-26 and 28 make changes to existing provisions to use these terms. Section 29 of this bill provides that the provisions of chapter 233 of NRS for judicial review of decisions of the Commission concerning unlawful discriminatory practice in housing prevail over the provisions of the Administrative Procedure Act. Section 22 of this bill authorizes the Commission to enter into certain agreements with the United States Department of Housing and Urban Development for the Commission to investigate and enforce laws relating to fair housing as a certified agency under federal law. Section 33 of this bill prohibits, with certain exceptions, a person seeking to rent or lease a dwelling, or renting or leasing a dwelling, from: (1) inquiring into the arrest record, conviction record or record of criminal history of an applicant or tenant; (2) refusing to rent or lease, or refusing to negotiate to rent or lease, a dwelling to an applicant on the basis of the applicant's arrest record, conviction record or record of criminal history; (3) making, printing or publishing any notice or advertisement which indicates a preference based on the arrest record, conviction record or record of criminal history of an applicant; and (4) evicting a tenant from a dwelling on the basis of his or her arrest record, conviction record or record of criminal history for a misdemeanor offense unless the offense occurred on the premises of the dwelling. Section 33 provides that a person may inquire into or conduct a background check into the conviction record or record of criminal history of an applicant to determine whether the applicant has certain offenses on his or her record. A person may refuse to rent or lease a dwelling to an applicant who has any such offense on his or her record. Section 33 also requires a person who makes a dwelling available for rent or lease to provide applicants with information regarding these unlawful discriminatory practices and information on how to file an appeal of a denial to rent or lease or file a complaint with the Commission. Section 33 limits the applicability of these provisions to any dwelling that is owned by a natural person and contains five or more dwelling units. For purposes of section 33, a “dwelling” is defined, with certain exceptions, as: (1) public housing; (2) any housing that is rented or leased to a tenant pursuant to a contract with a housing authority; or (3) any housing which accepts vouchers for rental payment. A “dwelling” does not include: (1) a manufactured home; or (2) a single family house owned by a natural person or any other housing that is owned by a natural person and has four or fewer dwelling units. Sections 31, 32 and 34-44 of this bill amend the Nevada Fair Housing Law to conform to federal law. Section 36 of this bill revises the definition of “disability” to exclude any current illegal use of or addiction to a controlled substance. Sections 37 and 38 of this bill revise the definitions of “dwelling” and “person.” Sections 31 and 32 define the terms “aggrieved person” and “unlawful discriminatory practice in housing.” Section 39 of this bill revises the prohibited practices which constitute an unlawful discriminatory practice in housing in Nevada. Section 39 prohibits discrimination in real estate related transactions. Section 39 also sets forth certain exceptions to the application of its provisions. Section 40 of this bill prohibits a person from refusing: (1) to allow a person with a disability to make reasonable modifications to a dwelling which may be necessary to afford the person with a disability full enjoyment of the dwelling, if the person with the disability pays for the modifications; or (2) to make reasonable accommodations in rules, policies, practices or services which may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. Section 41 of this bill revises accessibility requirements relating to the design and construction of a covered multifamily dwelling. Section 42 of this bill revises provisions prohibiting a landlord from refusing to rent a dwelling to a person with a disability with a service animal. Sections 43 and 44 of this bill revise provisions governing civil actions to enforce certain provisions relating to discrimination in housing.

Statutes affected:
As Introduced: 233.010, 233.020, 233.085, 233.140, 233.150, 233.153, 233.157, 233.160, 233.165, 233.170, 233.180, 233.190, 233B.039, 118.020, 118.030, 118.045, 118.060, 118.080, 118.100, 118.101, 118.103, 118.105, 118.110, 118.120
Reprint 1: 233.010, 233.020, 233.085, 233.140, 233.150, 233.153, 233.157, 233.160, 233.165, 233.170, 233.180, 233.190, 233B.039, 118.020, 118.030, 118.045, 118.060, 118.080, 118.100, 118.101, 118.103, 118.105, 118.110, 118.120
Reprint 2: 233.010, 233.020, 233.085, 233.140, 233.150, 233.153, 233.157, 233.160, 233.165, 233.170, 233.180, 233.190, 233B.039, 118.020, 118.030, 118.045, 118.060, 118.080, 118.100, 118.101, 118.103, 118.105, 118.110, 118.120
Reprint 3: 233.010, 233.020, 233.085, 233.140, 233.150, 233.153, 233.157, 233.160, 233.165, 233.170, 233.180, 233.190, 233B.039, 118.020, 118.030, 118.045, 118.060, 118.080, 118.100, 118.101, 118.103, 118.105, 118.110, 118.120
Reprint 4: 233.010, 233.020, 233.085, 233.140, 233.150, 233.153, 233.157, 233.160, 233.165, 233.170, 233.180, 233.190, 233B.039, 118.020, 118.030, 118.045, 118.060, 118.080, 118.100, 118.101, 118.103, 118.105, 118.110, 118.120
As Enrolled: 233.010, 233.020, 233.085, 233.140, 233.150, 233.153, 233.157, 233.160, 233.165, 233.170, 233.180, 233.190, 233B.039, 118.020, 118.030, 118.045, 118.060, 118.080, 118.100, 118.101, 118.103, 118.105, 118.110, 118.120