Existing law provides that: (1) any provision in a written instrument relating to real property which purports to forbid or restrict the conveyance, encumbrance, leasing or mortgaging of such real property to any person of a specified race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation, or gender identity or expression is void and unenforceable; (2) any restriction or prohibition as to the use or occupation of real property because of the user's or occupier's race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation, or gender identity or expression is void and unenforceable; and (3) any restriction or prohibition which directly or indirectly limits the acquisition, use or occupation of property because of the acquirer's, user's or occupier's race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation, or gender identity or expression is void and unenforceable. Existing law also authorizes owners of real property subject to such restrictions or prohibitions that are void and unenforceable to record a form prescribed by the Real Estate Division of the Department of Business and Industry declaring that all such restrictions or prohibitions are removed from the referenced original written instrument. (NRS 111.237, 111.2375) Sections 1 and 2 of this bill add discrimination based upon source of income to such provisions of existing law that make such restrictions or prohibitions relating to real property void and unenforceable. Section 4 of this bill defines “source of income” to mean any lawful, verifiable source of money or housing assistance paid to or on behalf of a renter or buyer including, without limitation: (1) money from any legal occupation or activity; (2) money from any judgment, decree or order from a court of competent jurisdiction, including an order for the payment of child support; (3) money from any contract, agreement, loan or settlement; and (4) money or other benefits from any federal, state or local governmental program or service, including any disability benefits, housing choice voucher or any other subsidy for rent or program for the assistance of rent. Existing law, commonly referred to as the Nevada Fair Housing Law, prohibits discrimination in housing, including selling or renting a dwelling, on the basis of race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex. The Nevada Fair Housing Law also authorizes remedies to enforce the law if a person engages in such discrimination, which includes the authority to file a complaint with the Nevada Equal Rights Commission and to file an action in a district court to obtain an injunction and civil damages. (NRS 118.010-118.120, chapter 233 of NRS) Existing law further makes it a crime to engage in such discrimination as a basis to refuse to rent, lease, sell or otherwise convey property, or to deny a real estate loan or engage in certain other practices relating to such a loan. (NRS 207.300, 207.310) Additionally, existing law: (1) makes it a crime for a real estate broker or salesperson to engage in such discrimination with respect to certain real estate transactions; (2) subjects a real estate broker or salesperson, property manager or owner-developer to disciplinary action for refusing to show, sell or rent any real estate for sale or rent to qualified purchasers or renters based upon such discrimination; and (3) subjects a real estate appraiser to disciplinary action for refusing to prepare or communicate an appraisal based upon such discrimination. (NRS 645.321, 645.635, 645C.480) Sections 5, 7, 11 and 14-22 of this bill expand those prohibitions and crimes to include such discriminatory practices based upon source of income. Sections 6, 8, 10 and 12 of this bill make conforming changes to indicate the proper placement of sections 4 and 5 in the Nevada Revised Statutes. Existing law provides that a provision of a contract or settlement agreement is void and unenforceable if the provision prohibits or restricts a party to the contract or settlement agreement from testifying at a judicial or administrative proceeding concerning an act of discrimination by a landlord on the basis of race, religion, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status, age or sex or concerning an act of retaliation by a landlord against another person for the reporting of such discrimination. (NRS 50.069) Section 13 of this bill adds discrimination by a landlord based upon source of income to the list of such provisions that are void and unenforceable. Section 23 of this bill provides that the change in section 13 applies to a contract or settlement agreement entered into on or after July 1, 2023, the effective date of this bill. Sections 5 and 9 of this bill require a person who refuses to rent a dwelling to a prospective tenant to provide the prospective tenant with a written notice that states the reason for the refusal.

Statutes affected:
As Introduced: 111.237, 111.2375, 118.010, 118.020, 118.030, 118.100, 118.115, 118.120, 118A.510, 50.069, 207.297, 207.300, 207.310, 233.010, 233.020, 233.150, 645.321, 645.635, 645C.480
BDR: 111.237, 111.2375, 118.010, 118.020, 118.030, 118.100, 118.115, 118.120, 118A.510, 50.069, 207.297, 207.300, 207.310, 233.010, 233.020, 233.150, 645.321, 645.635, 645C.480