S.B. 40
- *SB40*
SENATE BILL NO. 40–COMMITTEE ON
GROWTH AND INFRASTRUCTURE
(ON BEHALF OF THE HOUSING DIVISION OF THE
DEPARTMENT OF BUSINESS AND INDUSTRY)
PREFILED NOVEMBER 16, 2022
____________
Referred to Committee on Growth and Infrastructure
SUMMARY—Revises provisions related to manufactured housing.
(BDR 43-270)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to manufactured housing; changing the name of
the document issued by the Housing Division of the
Department of Business and Industry indicating the
ownership of a manufactured home, mobile home,
manufactured building or commercial coach or factory-
built housing from a “certificate of ownership” to a
“certificate of title”; authorizing the Administrator of the
Division to issue certain documents in electronic form;
revising requirements for certain transactions involving
the ownership of a manufactured home, mobile home,
manufactured building or commercial coach or factory-
built housing; clarifying certain requirements related to
the collection of certain data by the Administrator;
revising eligibility requirements for persons seeking
assistance from the Account for Affordable Housing; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law sets forth various requirements and restrictions relating to a 1
certificate of ownership that is issued by the Housing Division of the Department of 2
Business and Industry for a manufactured home, mobile home, manufactured 3
building or commercial coach or factory-built housing. (NRS 489.501-489.585) 4
Sections 1-4, 6-16 and 18-23 of this bill change the name of such a certificate from 5
a “certificate of ownership” to a “certificate of title.” Section 24 of this bill 6
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provides that any valid certificate of ownership issued by the Division before 7
July 1, 2023, is deemed to be a certificate of title issued by the Division. 8
Section 2 of this bill authorizes the Administrator of the Division to issue 9
certain documents, including, among others, a certificate of title, in electronic form. 10
Existing law sets forth certain requirements concerning the sale of a new, used 11
or rebuilt manufactured home, mobile home, manufactured building or commercial 12
coach or new, used or rebuilt factory-built housing. (NRS 489.501, 489.511, 13
489.521) If such a sale is conducted by a dealer, existing law requires the dealer to: 14
(1) complete a dealer’s report of sale on a form prescribed by the Division which 15
contains certain required information; and (2) require the buyer to sign an 16
acknowledgement of taxes on a form prescribed by the Division which includes 17
certain information. (NRS 489.501, 489.511) Sections 5 and 6 of this bill eliminate 18
certain requirements concerning the dealer’s report of sale and the information that 19
is required to be included on the dealer’s report of sale and the acknowledgement of 20
taxes. 21
If the sale of a used or rebuilt manufactured home, mobile home, manufactured 22
building or commercial coach or used or rebuilt factory-built housing is conducted 23
by a person who is not a dealer, existing law requires the seller or buyer, or both, to 24
submit certain documents to the Division and the county assessor of the county in 25
which the manufactured home, mobile home, manufactured building, commercial 26
coach or factory-built housing is located. (NRS 489.521) Section 7 of this bill 27
eliminates that requirement and instead requires the seller or buyer, or both, to 28
submit to the Division and the county assessor any information that the 29
Administrator requires by regulation. 30
Existing law prohibits the Division from issuing a certificate of ownership of a 31
used manufactured home or used mobile home unless the county assessor of the 32
county in which the manufactured home or mobile home was situated at the time of 33
sale has endorsed on the certificate that certain taxes have been paid. (NRS 34
489.531) Section 8 of this bill revises that prohibition to authorize the Division to 35
issue a certificate of title of a used manufactured home or used mobile home if the 36
county assessor verifies to the Division, on a form prescribed by the Division, that 37
certain taxes have been paid. 38
With certain exceptions, existing law prohibits any money concerning the sale 39
or exchange of an interest in a manufactured home, mobile home, manufactured 40
building or commercial coach or factory-built housing which is held by a dealer 41
from being distributed until, among other things, an application for a certificate of 42
ownership or certificate of title has been submitted to the Division and certain 43
documents have been executed. (NRS 489.723) Section 15 of this bill requires that 44
application to be submitted and those documents to be executed in a form 45
prescribed by the Division. 46
Section 26 of this bill eliminates certain requirements concerning the transfer 47
of the title to or the interest of an owner in a manufactured home, mobile home or 48
commercial coach. 49
Existing law requires the Administrator to collect economic and demographic 50
data annually from each manufactured home park, including the amount of rent and 51
rate of vacancy for each type of lot in the park. (NRS 118B.025) Section 17 of this 52
bill clarifies that the economic and demographic data that is required to be collected 53
by the Administrator is not limited to the amount of rent and rate of vacancy. 54
Existing law creates the Account for Low-Income Housing, which is 55
administered by the Division, and establishes the purposes for which the Account is 56
required to be used. (NRS 118B.215, 319.500, 319.510) One such required use is to 57
assist eligible persons by supplementing their monthly rent for the manufactured 58
home lot on which their manufactured home is located. Under existing law, to be 59
eligible for assistance from the Account, a person is required to have, among other 60
things, a monthly household income that is at or below certain specified amounts. 61
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(NRS 118B.215) Section 18 of this bill revises those eligibility requirements to 62
instead require that, to be eligible for assistance from the Account, a person must 63
have a monthly household income that is at or below: (1) thirty percent of the 64
median family income, as prescribed by the HOME Investment Partnerships Act, 65
adjusted for household size, which the United States Department of Housing and 66
Urban Development has established for the area of the State in which the 67
manufactured home is located; or (2) a maximum monthly household income that 68
the Administrator has established by regulation. (42 U.S.C. §§ 12701 et seq.) 69
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 487.100 is hereby amended to read as follows: 1
487.100 1. Except as otherwise provided in subsections 2 and 2
3, any automobile wrecker purchasing from any person other than a 3
licensed operator of a salvage pool any vehicle subject to 4
registration pursuant to the laws of this State shall forward to the 5
Department the certificates of title and registration last issued 6
therefor. 7
2. The certificate of [ownership] title last issued for a mobile 8
home or commercial coach must be sent by the wrecker to the 9
Housing Division of the Department of Business and Industry. 10
3. An automobile wrecker is not required to: 11
(a) Provide the Department with a certificate of title, salvage 12
title or a nonrepairable vehicle certificate and certificate of 13
registration last issued; or 14
(b) Obtain from the Department a certificate of title, salvage 15
title, nonrepairable vehicle certificate or certificate of registration, 16
for a motor vehicle that is to be processed as parts or scrap metal 17
by the automobile wrecker pursuant to NRS 487.105. 18
Sec. 2. NRS 489.231 is hereby amended to read as follows: 19
489.231 1. To carry out the provisions of this chapter, the 20
Administrator may: 21
(a) Issue subpoenas for the attendance of witnesses or the 22
production of books, papers and documents; and 23
(b) Conduct hearings. 24
2. The Administrator may apply for and receive grants from 25
the Secretary of Housing and Urban Development for developing 26
and carrying out a plan for enforcement and administration of 27
federal standards of safety and construction respecting manufactured 28
homes offered for sale or lease in this state. 29
3. The Administrator may adopt regulations to ensure 30
acceptance by the Secretary of Housing and Urban Development of 31
the state plan for administration and enforcement of federal 32
standards of safety and construction respecting manufactured homes 33
in accordance with the National Manufactured Housing 34
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Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 1
et seq. 2
4. The Administrator may: 3
(a) Make inspections; 4
(b) Approve plans and specifications; 5
(c) Provide technical services; 6
(d) Issue licenses, permits, certificates of [ownership] title and 7
certificates and labels of compliance and installation [;] in such 8
form as he or she may deem proper, including, without limitation, 9
in electronic form; 10
(e) Enter into reciprocal agreements with other states or private 11
organizations that adopt and maintain standards reasonably 12
consistent with this chapter; 13
(f) Collect the fees provided for in this chapter; and 14
(g) Adopt regulations necessary to carry out his or her duties 15
under this chapter. 16
5. The Administrator or a representative of the Administrator 17
may enter, at reasonable times and without notice, any mobile home 18
park or place of business or any factory, warehouse or establishment 19
in which manufactured homes, mobile homes, travel trailers, 20
manufactured buildings or factory-built housing are manufactured, 21
stored or held for sale or distribution and inspect at reasonable times 22
in a reasonable manner the premises and books, papers, records and 23
documents which are relevant to the manufacture, distribution and 24
sale of manufactured homes, mobile homes, travel trailers, 25
manufactured buildings or factory-built housing and compliance 26
with the National Manufactured Housing Construction and Safety 27
Standards Act of 1974, 42 U.S.C. §§ 5401 et seq., this chapter and 28
chapter 461 of NRS, and any regulations adopted pursuant thereto, 29
and to compliance by landlords of mobile home parks with the 30
prohibition in NRS 118B.140 against charging or receiving any 31
entrance or exit fee. A magistrate shall issue a warrant to permit an 32
inspection if the Administrator has shown: 33
(a) Evidence that a violation of a provision of this chapter or of 34
the prohibition in NRS 118B.140 against charging or receiving any 35
entrance or exit fee has been committed or is being committed; or 36
(b) That the business has been chosen for an inspection on the 37
basis of a general administrative plan for the enforcement of the 38
provisions of this chapter. 39
Sec. 3. NRS 489.272 is hereby amended to read as follows: 40
489.272 The Administrator shall adopt regulations: 41
1. Requiring a person who is buying or selling a manufactured 42
home, mobile home or commercial coach pursuant to: 43
(a) A sale to satisfy a lien; or 44
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(b) A contract for sale or other agreement by which the 1
certificate of title [or certificate of ownership] does not pass 2
immediately from the seller to the buyer upon the sale, 3
to submit to the Administrator such information regarding the 4
sale as the Administrator deems necessary. 5
2. Establishing requirements for the issuance or transfer of a 6
certificate of title [or certificate of ownership] of a mobile home, 7
manufactured home or a commercial coach in cases involving: 8
(a) More than one transferor or transferee; 9
(b) A transferor or transferee who holds a certificate of title [or 10
certificate of ownership] in trust for another person; or 11
(c) A sale to satisfy a lien. 12
Sec. 4. NRS 489.481 is hereby amended to read as follows: 13
489.481 The Division shall adopt regulations providing fees 14
for: 15
1. Certificates of installation; 16
2. Labels of installation; 17
3. Certificates of compliance; 18
4. Labels of compliance; 19
5. Certificates of [ownership;] title; 20
6. Licenses of manufacturers, dealers, distributors, 21
salespersons, responsible managing employees, general 22
servicepersons and specialty servicepersons; 23
7. Licenses for branch offices; and 24
8. Any other services provided by the Division. 25
Sec. 5. NRS 489.501 is hereby amended to read as follows: 26
489.501 1. When a new manufactured home, new mobile 27
home, new manufactured building or new commercial coach or new 28
factory-built housing is sold in this State by a dealer, the dealer shall 29
complete a report of sale. The report of sale must be in a form 30
prescribed by the Division . [and include a description of the 31
manufactured home, mobile home, manufactured building, 32
commercial coach or factory-built housing, the name and address of 33
the seller and the name and address of the buyer. If in connection 34
with the sale a security interest is taken or retained by the seller or 35
dealer to secure all or part of the purchase price, or a security 36
interest is taken by a person who gives value to enable the buyer to 37
acquire rights in the manufactured home, mobile home, 38
manufactured building, commercial coach or factory-built housing, 39
the name and address of the secured party or an assignee thereof 40
must be entered on the report of sale.] 41
2. The dealer shall require the buyer to sign an 42
acknowledgment of taxes, on a form prescribed by the Division . [, 43
which includes a statement that a manufactured home, mobile home, 44
manufactured building or commercial coach or factory-built housing 45
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is taxable in the county in which it is located.] A dealer who sells a 1
new manufactured home, new mobile home, new manufactured 2
building or new commercial coach or new factory-built housing 3
shall deliver the buyer’s copy of the acknowledgment of taxes to the 4
buyer at the time of sale and submit another copy within 30 days 5
after the date of the sale to the county assessor of the county in 6
which the manufactured home, mobile home, manufactured 7
building, commercial coach or factory-built housing will be located. 8
3. The dealer shall submit the [original of the] report of sale 9
and the manufacturer’s certificate or statement of origin to the 10
Division within 30 days after the execution of all instruments which 11
the contract of sale required to be executed at the time of sale or 12
within 30 days after the date of sale, whichever is later, unless an 13
extension of time is granted by the Division. 14
[4. A dealer who sells a new manufactured home, new mobile 15
home, new manufactured building or new commercial coach or new 16
factory-built housing shall deliver the buyer’s copy of the report of 17
sale to the buyer at the time of sale and submit another copy within 18
30 days after the date of the sale to the county assessor of the county 19
in which the manufactured home, mobile home, manufactured 20
building, commercial coach or factory-built housing will be 21
located.] 22
Sec. 6. NRS 489.511 is hereby amended to read as follows: 23
489.511 1. If a used or rebuilt manufactured home, mobile 24
home, manufactured building or commercial coach or used or 25
rebuilt factory-built housing is sold in this State by a dealer, the 26
dealer shall complete a dealer’s report of sale. The report must be in 27
a form prescribed by the Division . [and include a description of the 28
manufactured home, mobile home, manufactured building, 29
commercial coach or factory-built housing, the name and address of 30
the seller and the name and address of the buyer. If a security 31
interest exists at the time of the sale, or if in connection with the sale 32
a security interest is taken or retained by the seller or dealer to 33
secure all or part of the purchase price, or a security interest is taken 34
by a person who gives value to enable the buyer to acquire rights in 35
the manufactured home, mobile home, manufactured building, 36
commercial coach or factory-built housing, the name and address of 37
the secured party must be entered on the dealer’s report of sale.] 38
2. The dealer shall submit the [original of the] dealer’s report 39
of sale to the Division within 45 days after the execution of all 40
instruments which the contract of sale requires to be executed at the 41
time of the sale, unless an extension of time is granted by the 42
Division, together with the endorsed certificate of title [or certificate 43
of ownership] previously issued. The dealer shall furnish one copy 44
of the report of sale to the buyer at the time of the sale. Within 45 45
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days after the sale, the dealer shall furnish one copy of the report of 1
sale to the assessor of the county in which the manufactured home, 2
mobile home, manufactured building, commercial coach or factory-3
built housing will be located. 4
3. The dealer shall require the buyer to sign an 5
acknowledgment of taxes, on a form prescribed by the Division . [, 6
which includes a statement that the manufactured home, mobile 7
home, manufactured building, commercial coach or factory-built 8
housing is taxable in the county in which it is located.] The dealer 9
shall deliver the buyer’s copy of the acknowledgment to the buyer at 10
the time of sale and submit another copy to the county assessor of 11
the county in which the manufactured home, mobile home, 12
manufactured building, commercial coach or factory-built housing 13
is to be located. 14
4. If a used or rebuilt manufactured home, mobile home, 15
manufactured building or commercial coach or used or rebuilt 16
factory-built housing is sold by a dealer pursuant to an installment 17
contract or other agreement by which the certificate of title [or 18
certificate of ownership] does not pass immediately from the seller 19
to the buyer upon the sale, the dealer shall submit to the Division 20
any information required by the regulations adopted by the 21
Administrator pursuant to NRS 489.272. 22
Sec. 7. NRS 489.521 is hereby amended to read as follows: 23
489.521 1. If a used or rebuilt manufactured home, mobile 24
home, manufactured building or commercial coach or used or 25
rebuilt factory-built housing is sold in this State by a person who is 26
not a dealer, the seller or buyer, or both, shall : 27
(a) Within 45 days after the sale, submit to the Division [,] and 28
[a copy] to the county assessor of the county in which the 29
manufactured home, mobile home, manufactured building, 30
commercial coach or factory-built housing is located [, within 45 31
days after the sale: 32
(a) If a certificate of ownership has been issued in this State, that 33
certificate properly endorsed.] the information required by the 34
regulations adopted by the Administrator pursuant to subsection 35
2; and 36
(b) If [a certificate of title or other document of title has been 37
issued by a public authority of another state, territory or country: 38
(1) The certificate or document properly endorsed; and 39
(2) A statement showing, if not included on the endorsed 40
certificate or document, the description of the manufactured home, 41
mobile home, manufactured building, commercial coach or factory-42
built housing, the names and addresses of the buyer and seller, and 43
the name and address of any person who takes or retains a purchase 44
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money security interest. The statement must be signed and 1
acknowledged by the seller and buyer. 2
(c) If a document of title has not been issued by any public 3
authority, a statement showing all the information and signed and 4
acknowledged in the manner required by subparagraph (2) of 5
paragraph (b). 6
2. If a] the used or rebuilt manufactured home, mobile home, 7
manufactured building or commercial coach or used or rebuilt 8
factory-built housing is sold by a person who is not a dealer 9
pursuant to an installment contract or other agreement by which the 10
certificate of title [or certificate of ownership] does not pass 11
immediately from the seller to the buyer upon the sale, [the seller or 12
buyer, or both, shall] submit to the Division any information 13
required by the regulations adopted by the Administrator pursuant to 14
NRS 489.272. 15
2. The Administrator shall adopt regulations prescribing the 16
information that is required to be submitted to the Division and 17
county assessor pursuant to paragraph (a) of subsection 1. 18
Sec. 8. NRS 489.531 is hereby amended to read as follows: 19
489.531 [1.] The Division shall not issue a certificate of 20
[ownership] title of a used manufactured home or used mobile home 21
unless the county assessor of the county in which the manufactured 22
home or mobile home was situated at the time of sale has [endorsed 23
on] provided to the [certificate] Division, on a form prescribed by 24
the Division, verification that all personal property taxes on that 25
manufactured home or mobile home for the fiscal year have been 26
paid. 27
[2. Every certificate of ownership issued for a used 28
manufactured home or mobile home must contain a warning, printed 29
or stamped on its face, to the effect that title to a used manufactured 30
home or used mobile home does not pass until the county assessor 31
of the county in which the manufactured home or mobile home was 32
situated at the time of the sale has endorsed on the certificate that all 33
personal property taxes on that manufactured home or mobile home 34
for the fiscal year have been paid.] 35
Sec. 9. NRS 489.541 is hereby amended to read as follows: 36
489.541 1. Except as otherwise provided in subsections 4 and 37
5, upon receipt of the documents required by the Division, the 38
Division shall issue a certificate of [ownership] title. 39
2. If no security interest is created or exists in connection with 40
the sale, the certificate of [ownership] title must be issued to the 41
buyer. 42
3. If a security interest is created by the sale, the certificate of 43
[ownership] title must be issued to the secured party or an assignee 44
thereof, and must show the name of the registered owner. 45
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4. The Division shall not issue a certificate of [ownership] title 1
for a mobile home that has been determined to be substandard until 2
the conditions that rendered the mobile home substandard are 3
abated. 4
5. The Division shall not issue a certificate of title [or 5
certificate of ownership] for factory-built housing that constitutes 6
real property pursuant to subsection 4 of NRS 361.244. 7
Sec. 10. NRS 489.561 is hereby amended to read as follows: 8
489.561 Whenever an application is made to the Division for 9
title of a manufactured home, mobile home or commercial coach 10
previously titled and the applicant is unable to present the certificate 11
of [ownership] title previously issued because it is lost or being 12
unlawfully detained by one in possession or is not otherwise 13
available, the Division may receive the application and examine the 14
circumstances of the case and require the filing of affidavits or other 15
information. When the Division is satisfied that the applicant is 16
entitled to a certificate of [ownership,] title, or pursuant to NRS 17
489.562, it may issue the certificate on the manufactured home, 18
mobile home or commercial coach. 19
Sec. 11. NRS 489.562 is hereby amended to read as follows: 20
489.562 1. If an applicant who is seeking a certificate of 21
[ownership] title is unable to provide the information required by 22
the Division pursuant to NRS 489.561 and satisfy the Division that 23
the applicant is entitled to a certificate of [ownership] title pursuant 24
to that section, the applicant may obtain a new certificate of 25
[ownership] title from the Division by: 26
(a) Filing a bond with the Division that meets the requirements 27
of subsection 3; and 28
(b) Allowing the Division to inspect the manufactured home, 29
mobile home or commercial coach for compliance with the safety 30
standards and other requirements provided in regulations adopted by 31
the Administrator pursuant to NRS 489.251. 32
2. Any person damaged by the issuance of a certificate of 33
[ownership] title pursuant to this section has a right of action to 34
recover on the bond for any breach of its conditions, except the 35
aggregate liability of the surety to all persons must not exceed the 36
amount of the bond. 37
3. The bond required pursuant to subsection 1 must be: 38
(a) In a form prescribed by the Division; 39
(b) Executed by the applicant as principal and by a corporation 40
qualified under the laws of this State as surety; 41
(c) In an amount equal to one and one-half times the most recent 42
assessed value assigned by the relevant county assessor to the 43
manufactured home, mobile home or commercial coach; and 44
(d) Conditioned to indemnify any: 45
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(1) Prior owner or lienholder of the manufactured home, 1
mobile home or commercial coach, and his or her successors in 2
interest; 3
(2) Subsequent purchaser of the manufactured home, mobile 4
home or commercial coach, and his or her successors in interest; or 5
(3) Person acquiring a security interest in the manufactured 6
home, mobile home or commercial coach, and his or her successors 7
in interest, 8
against any expense, loss or damage because of the issuance of 9
the certificate of [ownership] title or because of any defect in or 10
undisclosed security interest in the applicant’s right or title to the 11
manufactured home, mobile home or commercial coach or the 12
applicant’s interest in the manufactured home, mobile home or 13
commercial coach. 14
4. A right of action does not exist in favor of any person by 15
reason of any action or failure to act on the part of the Division or 16
any officer or employee thereof in carrying out the provisions of this 17
section, or in giving or failing to give any information concerning 18
the legal ownership of a manufactured home, mobile home or 19
commercial coach or the existence of a certificate of [ownership] 20
title obtained pursuant to this section. 21
Sec. 12. NRS 489.564 is hereby amended to read as follows: 22
489.564 1. The owner or joint owners of a manufactured 23
home, mobile home or commercial coach may request the Division 24
to issue a certificate of [ownership] title in beneficiary form for the 25
manufactured home, mobile home or commercial coach, as 26
applicable, which includes a directive to the Division to transfer the 27
certificate of [ownership] title upon the death of the owner or upon 28
the death of all joint owners to a beneficiary named on the face of 29
the certificate of [ownership.] title. 30
2. A request made pursuant to subsection 1 must be submitted 31
on an application made available by the Division and must: 32
(a) Contain a notarized signature of the owner or each joint 33
owner; and 34
(b) Be accompanied by the fee for the issuance of a certificate of 35
[ownership.] title. 36
3. A certificate of [ownership] title in beneficiary form may not 37
be issued to a person who holds an interest in a manufactured home, 38
mobile home or commercial coach as a tenant in common with 39
another person. 40
4. A certificate of [ownership] title in beneficiary form must 41
include after the name of the owner or after the names of joint 42
owners the words “transfer on death to” or the abbreviation “TOD” 43
followed by the name of the beneficiary. 44
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5. During the lifetime of a sole owner or before the death of the 1
last surviving joint owner: 2
(a) The signature or consent of the beneficiary is not required for 3
any transaction relating to a manufactured home, mobile home or 4
commercial coach for which a certificate of [ownership] title in 5
beneficiary form has been issued; and 6
(b) The certificate of [ownership] title in beneficiary form may 7
be revoked or the beneficiary changed at any time by: 8
(1) Sale of the manufactured home, mobile home or 9
commercial coach with proper assignment and delivery of the 10
certificate of [ownership] title to another person; or 11
(2) Filing an application with, and paying a fee to, the 12
Division to reissue the certificate of [ownership] title with no 13
designation of a beneficiary or with the designation of a different 14
beneficiary. 15
6. The interest of the beneficiary in a manufactured home, 16
mobile home or commercial coach on the death of the sole owner or 17
on the death of the last surviving joint owner is subject to any 18
contract of sale, assignment or ownership or security interest to 19
which the owner or owners of the manufactured home, mobile home 20
or commercial coach were subject during their lifetime. 21
7. Except as otherwise provided in paragraph (b) of subsection 22
5, the designation of a beneficiary in a certificate of [ownership] 23
title in beneficiary form may not be changed or revoked by will, any 24
other instrument or a change in circumstances, or otherwise changed 25
or revoked. 26
8. The Division shall, upon: 27
(a) Proof of death of one of the owners, of two or more joint 28
owners or of a sole owner; and 29
(b) Payment of the fee for a certificate of [ownership,] title, 30
issue a new certificate of [ownership] title for the manufactured 31
home, mobile home or commercial coach to the surviving owner or 32
owners or, if none, to the beneficiary, subject to any security 33
interest. 34
9. For the purposes of complying with the provisions of 35
subsection 8, the Division may rely on a death certificate, record or 36
report that constitutes prima facie evidence of death. 37
10. The transfer on death of a manufactured home, mobile 38
home or commercial coach pursuant to this section is not considered 39
as testamentary and is not subject to administration pursuant to the 40
provisions of title 12 of NRS. 41
11. As used in this section: 42
(a) “Beneficiary” means a person or persons designated to 43
become the owner or owners of a manufactured home, mobile 44
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home or commercial coach on the death of the preceding owner or 1
owners. 2
(b) “Certificate of [ownership] title in beneficiary form” means a 3
certificate of [ownership] title of a manufactured home, mobile 4
home or commercial coach that indicates the present owner or 5
owners of the manufactured home, mobile home or commercial 6
coach and designates a beneficiary. 7
Sec. 13. NRS 489.571 is hereby amended to read as follows: 8
489.571 1. Whenever a security interest is created in a 9
manufactured home, mobile home or commercial coach, the 10
certificate of [ownership] title must be delivered to the Division 11
with a statement signed by the debtor showing the date of the 12
security agreement, the names and addresses of the debtor and the 13
secured party. 14
2. The Division shall issue to the secured party a certificate of 15
[ownership] title with the name and address of the secured party and 16
the name and address of the registered owner noted on it. If the 17
security interest is subsequently acquired by another person, or if 18
there is a change in the name or address of the secured party, the 19
secured party shall apply to the Division for a corrected certificate 20
of [ownership.] title. 21
3. When the contract or terms of the security agreement have 22
been fully performed, the seller or other secured party who holds the 23
certificate of [ownership] title shall deliver the certificate to the 24
person legally entitled to it with proper evidence of the termination 25
or release of the security interest. 26
Sec. 14. NRS 489.585 is hereby amended to read as follows: 27
489.585 The Administrator shall adopt regulations pertaining 28
to: 29
1. The issuance of a certificate of [ownership] title pursuant to 30
NRS 489.562; and 31
2. The issuance and revocation of a certificate of [ownership] 32
title in beneficiary form and a change in beneficiary for such a 33
certificate of [ownership] title pursuant to NRS 489.564. 34
Sec. 15. NRS 489.723 is hereby amended to read as follows: 35
489.723 1. Any money that a dealer receives from a client or 36
other person concerning the sale or exchange of an interest in a 37
manufactured home, mobile home, manufactured building or 38
commercial coach or factory-built housing must be accounted for by 39
the dealer when: 40
(a) The sale or exchange of the interest in the manufactured 41
home, mobile home, manufactured building, commercial coach or 42
factory-built housing is executed; or 43
(b) The contract for the sale or exchange of the interest in the 44
manufactured home, mobile home, manufactured building, 45
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commercial coach or factory-built housing is rescinded by the 1
dealer, client or any other person, 2
whichever occurs earlier. 3
2. The dealer shall: 4
(a) Prepare or cause to be prepared a written itemized statement 5
concerning each expenditure or deduction of money made by the 6
dealer; 7
(b) Deliver or cause to be delivered to each person from whom 8
the dealer received money a copy of the written itemized statement; 9
and 10
(c) Maintain a copy of the written itemized statement at the 11
dealer’s place of business. 12
3. Except as otherwise provided in a brokerage agreement or an 13
escrow agreement signed by the parties to a sale or exchange of an 14
interest in a manufactured home, mobile home, manufactured 15
building or commercial coach or factory-built housing and the 16
escrow agent or escrow officer licensed pursuant to the provisions 17
of chapter 645A or 692A of NRS, no money concerning that sale or 18
exchange held by a dealer may be distributed until: 19
(a) An application for: 20
(1) A certificate of [ownership] title for the manufactured 21
home, mobile home, manufactured building, commercial coach or 22
factory-built housing; or 23
(2) A certificate of title [or certificate of ownership] that does 24
not pass immediately upon the sale or transfer of the manufactured 25
home, mobile home, manufactured building, commercial coach or 26
factory-built housing, 27
has been submitted to the Division [;] in a form prescribed by 28
the Division; 29
(b) Each person who has a financial interest in the manufactured 30
home, mobile home, manufactured building, commercial coach or 31
factory-built housing has executed a document in a form prescribed 32
by the Division that releases or waives the person’s interest; and 33
(c) Each party to the sale or exchange has complied with the 34
requirements for the sale or exchange that are set forth in the 35
regulations adopted pursuant to the provisions of this chapter. 36
Sec. 16. NRS 489.821 is hereby amended to read as follows: 37
489.821 1. A person is guilty of a gross misdemeanor who 38
knowingly: 39
(a) Makes any false entry on any certificate of origin or 40
certificate of [ownership.] title. 41
(b) Furnishes false information to the Division concerning any 42
security interest. 43
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(c) Files with the Administrator any notice, statement or other 1
document required under the provisions of this chapter which is 2
false or contains any material misstatement of fact. 3
(d) Whether acting individually or as a director, officer or agent 4
of a corporation, violates a provision of the National Manufactured 5
Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 6
§§ 5401 et seq., this chapter and chapter 461 of NRS, and any 7
regulations adopted pursuant thereto, causing a condition which 8
endangers the health or safety of a purchaser of a manufactured 9
home. 10
2. A dealer is guilty of a gross misdemeanor who knowingly: 11
(a) Fails to maintain a trust account as required by 12
NRS 489.724. 13
(b) Commingles the money or other property of a seller or 14
purchaser of a manufactured home, manufactured building or 15
mobile home or factory-built housing with his or her own. 16
(c) Fails to cooperate or comply with or knowingly impedes or 17
interferes with any investigation or audit conducted by the Division 18
pursuant to NRS 489.7235. 19
(d) Acts as a dealer while insolvent or engages in any financial 20
practice which creates a substantial risk of insolvency. 21
3. Except as otherwise provided in this section, any person who 22
knowingly or willfully violates any provision of this chapter is 23
guilty of a misdemeanor. 24
4. Subsection 3 does not apply to a manufacturer of travel 25
trailers. 26
Sec. 17. NRS 118B.025 is hereby amended to read as follows: 27
118B.025 The Administrator shall collect economic and 28
demographic data annually from each manufactured home park, 29
including , without limitation, the amount of rent and rate of 30
vacancy for each type of lot in the park, and shall prescribe the form 31
for the collection of such data. 32
Sec. 18. NRS 118B.215 is hereby amended to read as follows: 33
118B.215 1. In addition to the requirements set forth in NRS 34
319.510, money in the Account may be used to pay necessary 35
administrative costs and to assist eligible persons by supplementing 36
their monthly rent for the manufactured home lot on which their 37
manufactured home is located. Except as otherwise provided in 38
subsection 3, to be eligible for assistance from the Account, a person 39
must: 40
(a) Except as otherwise provided in this subsection, have been a 41
tenant in the same manufactured home park in this State for at least 42
1 year immediately preceding his or her application for assistance; 43
(b) Be the registered owner of the manufactured home which is 44
subject to the tenancy, as indicated on the certificate of 45
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[ownership] title that is issued by the Division pursuant to 1
NRS 489.541; 2
(c) Have a monthly household income, as determined by the 3
Administrator in accordance with subsection 2, which is at or below: 4
(1) [The federally designated level signifying poverty or 5
$750, whichever is greater, if the person is the sole occupant] Thirty 6
percent of the median family income, as prescribed by the HOME 7
Investment Partnerships Act, 42 U.S.C. §§ 12701 et seq., adjusted 8
for household size, which the United States Department of 9
Housing and Urban Development has established for the area of 10
the State in which the manufactured home [;] is located; or 11
(2) [The federally designated level signifying poverty or 12
$1,125, whichever is greater, if the person is not the sole occupant 13
of the manufactured home;] A maximum monthly household 14
income that the Administrator has established by regulation 15
pursuant to subsection 5; 16
(d) Be a tenant in a manufactured home park that is operated for 17
profit and maintain continuous tenancy in that park during the 18
duration of the supplemental assistance; and 19
(e) Not have assets whose value is more than $12,000, excluding 20
the value of: 21
(1) The manufactured home which is subject to the tenancy; 22
(2) The contents of that manufactured home; and 23
(3) One motor vehicle. 24
A person who has been a tenant of a manufactured home park in 25
this State for at least 1 year, but has not been a tenant of the 26
manufactured home park in which the tenant resides at the time the 27
tenant applies for assistance for at least 1 year, is eligible for 28
assistance from the Account if the tenant moved to the 29
manufactured home park in which the tenant resides at the time of 30
his or her application because the tenant was unable to pay the rent 31
at the manufactured home park from which the tenant moved or 32
because that park was closed. 33
2. In determining the monthly household income of an 34
applicant pursuant to subsection 1, the Administrator shall exclude 35
from the calculation: 36
(a) The value of any food stamps the applicant received pursuant 37
to the Food Stamp Act of 1977, as amended, 7 U.S.C. §§ 2011 et 38
seq., during the year immediately preceding his or her application 39
for assistance; or 40
(b) If the applicant is receiving coverage pursuant to Medicare 41
Part B, 42 U.S.C. §§ 1395j et seq., the value of the cost of that 42
coverage during the year immediately preceding his or her 43
application for assistance, 44
whichever is greater. 45
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3. The Administrator may waive the requirements for 1
eligibility set forth in subsection 1 upon the written request of an 2
applicant if the applicant demonstrates to the satisfaction of the 3
Administrator that the circumstances of the applicant warrant a 4
waiver as a result of: 5
(a) Illness; 6
(b) Disability; or 7
(c) Extreme financial hardship based upon a significant 8
reduction of income, when considering the applicant’s current 9
financial circumstances. 10
An applicant shall include with his or her request for a waiver all 11
medical and financial documents that support his or her request. 12
4. The Administrator shall adopt regulations establishing: 13
(a) The annual reporting requirements for persons receiving 14
assistance pursuant to this section. The regulations must require that 15
each such person provide the Division with a written 16
acknowledgment of his or her continued eligibility for assistance. 17
(b) The maximum amount of assistance which may be 18
distributed to a person to supplement his or her monthly rent 19
pursuant to this section. 20
5. The Administrator may adopt regulations establishing a 21
maximum monthly household income for a person to be eligible 22
for assistance from the Account pursuant to subparagraph (2) of 23
paragraph (c) of subsection 1. 24
6. As used in this section: 25
(a) “Manufactured home” includes a travel trailer that is located 26
on a manufactured home lot within a manufactured home park. 27
(b) “Monthly household income” means the combined monthly 28
incomes of the occupants of a manufactured home which is subject 29
to the tenancy for which assistance from the Account is requested. 30
(c) “Travel trailer” has the meaning ascribed to it in 31
NRS 489.150. 32
Sec. 19. NRS 278.02095 is hereby amended to read as 33
follows: 34
278.02095 1. Except as otherwise provided in this section, in 35
an ordinance relating to the zoning of land adopted or amended by a 36
governing body, the definition of “single-family residence” must 37
include a manufactured home. 38
2. Notwithstanding the provisions of subsection 1, a governing 39
body shall adopt standards for the placement of a manufactured 40
home that will not be affixed to a lot within a mobile home park 41
which require that: 42
(a) The manufactured home: 43
(1) Be permanently affixed to a residential lot; 44
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(2) Be manufactured within the 6 years immediately 1
preceding the date on which it is affixed to the residential lot; 2
(3) Have exterior siding and roofing which is similar in 3
color, material and appearance to the exterior siding and roofing 4
primarily used on other single-family residential dwellings in the 5
immediate vicinity of the manufactured home, as established by the 6
governing body; 7
(4) Consist of more than one section; and 8
(5) Consist of at least 1,200 square feet of living area unless 9
the governing body, by administrative variance or other expedited 10
procedure established by the governing body, approves a lesser 11
amount of square footage based on the size or configuration of the 12
lot or the square footage of single-family residential dwellings in the 13
immediate vicinity of the manufactured home; and 14
(b) If the manufactured home has an elevated foundation, the 15
foundation is masked architecturally in a manner determined by the 16
governing body. 17
The governing body of a local government in a county whose 18
population is less than 45,000 may adopt standards that are less 19
restrictive than the standards set forth in this subsection. 20
3. Standards adopted by a governing body pursuant to 21
subsection 2 must be objective and documented clearly and must not 22
be adopted to discourage or impede the construction or provision of 23
affordable housing, including, without limitation, the use of 24
manufactured homes for affordable housing. 25
4. Before a building department issues a permit to place a 26
manufactured home on a lot pursuant to this section, other than a 27
new manufactured home, the owner must surrender the certificate of 28
[ownership] title to the Housing Division of the Department of 29
Business and Industry. The Division shall provide proof of such a 30
surrender to the owner who must submit that proof to the building 31
department. 32
5. The provisions of this section do not abrogate a recorded 33
restrictive covenant prohibiting manufactured homes, nor do the 34
provisions apply within the boundaries of a historic district 35
established pursuant to NRS 384.005 or 384.100. An application to 36
place a manufactured home on a residential lot pursuant to this 37
section constitutes an attestation by the owner of the lot that the 38
placement complies with all covenants, conditions and restrictions 39
placed on the lot and that the lot is not located within a historic 40
district. 41
6. As used in this section: 42
(a) “Manufactured home” has the meaning ascribed to it in 43
NRS 489.113. 44
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(b) “New manufactured home” has the meaning ascribed to it in 1
NRS 489.125. 2
Sec. 20. NRS 319.169 is hereby amended to read as follows: 3
319.169 1. The Account for Housing Inspection and 4
Compliance is hereby created in the State General Fund. 5
2. The Account must be administered by the Division. Except 6
as otherwise provided in NRS 118B.213 and 489.265, all money 7
received by the Division pursuant to NRS 118B.185 or any other 8
source must be deposited into the Account. 9
3. The interest and income earned on the money in the 10
Account, after deducting any applicable charges, must be credited to 11
the Account. 12
4. Claims against the Account must be paid as other claims 13
against the State are paid. 14
5. The Administrator shall adopt regulations setting forth the 15
use of the money in the Account, including, without limitation: 16
(a) Licensing, regulating and inspecting: 17
(1) Housing for persons of low-income that is financed 18
pursuant to this chapter; and 19
(2) Manufactured homes, mobile homes, manufactured 20
buildings, commercial coaches, factory-built housing or 21
manufactured home parks pursuant to chapters 118B, 461, 461A and 22
489 of NRS; 23
(b) Licensing, regulating and inspecting manufacturers, general 24
servicepersons, dealers, responsible managing employees, 25
salespersons, distributors and specialty servicepersons pursuant to 26
chapter 489 of NRS; 27
(c) Maintaining title records, and issuing certificates of 28
[ownership,] title, property liens and conversions to real property of 29
a mobile home or manufactured home; 30
(d) Investigating complaints, including, without limitation, 31
complaints: 32
(1) Between a landlord and a tenant of a mobile home park; 33
and 34
(2) Alleging unlicensed activity; and 35
(e) Administering any educational and training program for a 36
provider of manufactured housing. 37
6. As used in this section: 38
(a) “Commercial coach” has the meaning ascribed to it in 39
NRS 489.062. 40
(b) “Dealer” has the meaning ascribed to it in NRS 489.076. 41
(c) “Distributor” has the meaning ascribed to it in NRS 489.081. 42
(d) “Factory-built housing” has the meaning ascribed to it in 43
NRS 461.080. 44
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(e) “General serviceperson” has the meaning ascribed to it in 1
NRS 489.102. 2
(f) “Manufactured building” has the meaning ascribed to it in 3
NRS 461.132. 4
(g) “Manufactured home” has the meaning ascribed to it in 5
NRS 489.113. 6
(h) “Manufactured home lot” has the meaning ascribed to it in 7
NRS 118B.016. 8
(i) “Manufactured home park” has the meaning ascribed to it in 9
NRS 118B.017. 10
(j) “Manufacturer” has the meaning ascribed to it in 11
NRS 489.115. 12
(k) “Mobile home” has the meaning ascribed to it in 13
NRS 489.120. 14
(l) “Mobile home park” has the meaning ascribed to 15
“manufactured home park” in NRS 118B.017. 16
(m) “Responsible managing employee” has the meaning 17
ascribed to it in NRS 489.1353. 18
(n) “Salesperson” has the meaning ascribed to it in 19
NRS 489.137. 20
(o) “Specialty serviceperson” has the meaning ascribed to it in 21
NRS 489.147. 22
Sec. 21. NRS 361.2445 is hereby amended to read as follows: 23
361.2445 1. A mobile or manufactured home which has been 24
converted to real property pursuant to NRS 361.244 may not be 25
removed from the real property to which it is affixed unless, at least 26
30 days before removing the mobile or manufactured home: 27
(a) The owner: 28
(1) Files with the Division an affidavit stating that the sole 29
purpose for converting the mobile or manufactured home from real 30
to personal property is to effect a transfer of the title to the mobile or 31
manufactured home; 32
(2) Files with the Division the affidavit of consent to the 33
removal of the mobile or manufactured home of each person who 34
holds any legal interest in the real property to which the mobile or 35
manufactured home is affixed; and 36
(3) Gives written notice to the county assessor of the county 37
in which the real property is situated; and 38
(b) The county tax receiver certifies in writing that all taxes for 39
the fiscal year on the mobile or manufactured home and the real 40
property to which the mobile or manufactured home is affixed have 41
been paid. 42
2. The county assessor shall not remove a mobile or 43
manufactured home from the tax rolls until: 44
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(a) The county assessor has received verification that there is no 1
security interest in the mobile or manufactured home or the holders 2
of security interests have agreed in writing to the conversion of the 3
mobile or manufactured home to personal property; and 4
(b) An affidavit of conversion of the mobile or manufactured 5
home from real to personal property has been recorded in the county 6
recorder’s office of the county in which the real property to which 7
the mobile or manufactured home was affixed is situated. 8
3. A mobile or manufactured home which is physically 9
removed from real property pursuant to this section shall be deemed 10
to be personal property immediately upon its removal. 11
4. The Department shall adopt: 12
(a) Such regulations as are necessary to carry out the provisions 13
of this section; and 14
(b) A standard form for the affidavits required by this section. 15
5. Before the owner of a mobile or manufactured home that has 16
been converted to personal property pursuant to this section may 17
transfer ownership of the mobile or manufactured home, he or she 18
must obtain a certificate of [ownership] title from the Division. 19
6. For the purposes of this section, the removal of a mobile or 20
manufactured home from real property includes the detachment of 21
the mobile or manufactured home from its foundation, other than 22
temporarily for the purpose of making repairs or improvements to 23
the mobile or manufactured home or the foundation. 24
7. An owner who physically removes a mobile or 25
manufactured home from real property in violation of this section is 26
liable for all legal costs and fees, plus the actual expenses, incurred 27
by a person who holds any interest in the real property to restore the 28
real property to its former condition. Any judgment obtained 29
pursuant to this section may be recorded as a lien upon the mobile or 30
manufactured home so removed. 31
8. As used in this section: 32
(a) “Division” means the Housing Division of the Department of 33
Business and Industry. 34
(b) “Owner” means any person who holds an interest in the 35
mobile or manufactured home or the real property to which the 36
mobile or manufactured home is affixed evidenced by a conveyance 37
or other instrument which transfers that interest to him or her and is 38
recorded in the office of the county recorder of the county in which 39
the mobile or manufactured home and real property are situated, but 40
does not include the owner or holder of a right-of-way, easement or 41
subsurface property right appurtenant to the real property. 42
Sec. 22. NRS 372.383 is hereby amended to read as follows: 43
372.383 1. If a certificate of [ownership] title has been issued 44
for a used manufactured home or used mobile home by the 45
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Department of Motor Vehicles or the Housing Division of the 1
Department of Business and Industry, it is presumed that the taxes 2
imposed by this chapter have been paid with respect to that 3
manufactured home or mobile home. 4
2. As used in this section, “manufactured home” and “mobile 5
home” have the meanings ascribed to them in NRS 372.316. 6
Sec. 23. NRS 374.388 is hereby amended to read as follows: 7
374.388 1. If a certificate of [ownership] title has been issued 8
for a used manufactured home or used mobile home by the 9
Department of Motor Vehicles or the Housing Division of the 10
Department of Business and Industry, it is presumed that the taxes 11
imposed by this chapter have been paid with respect to that 12
manufactured home or mobile home. 13
2. As used in this section, “manufactured home” and “mobile 14
home” have the meanings ascribed to them in NRS 374.321. 15
Sec. 24. Notwithstanding the amendatory provisions of this 16
act, any valid certificate of ownership for a manufactured home, 17
mobile home, manufactured building or commercial coach or 18
factory-built housing that was issued by the Housing Division of the 19
Department of Business and Industry before July 1, 2023, shall be 20
deemed to be a certificate of title issued by the Housing Division of 21
the Department of Business and Industry. 22
Sec. 25. The Legislative Counsel shall: 23
1. In preparing the Nevada Revised Statutes, make such 24
changes as necessary so that references to a “certificate of 25
ownership” issued by the Housing Division of the Department of 26
Business and Industry are changed to a “certificate of title” issued 27
by the Housing Division of the Department of Business and 28
Industry; and 29
2. In preparing supplements to the Nevada Administrative 30
Code, make such changes as necessary so that references to a 31
“certificate of ownership” issued by the Housing Division of the 32
Department of Business and Industry are changed to a “certificate of 33
title” issued by the Housing Division of the Department of Business 34
and Industry. 35
Sec. 26. NRS 489.551 is hereby repealed. 36
Sec. 27. 1. This section and section 26 of this act become 37
effective upon passage and approval. 38
2. Sections 1 to 25, inclusive, of this act become effective: 39
(a) Upon passage and approval for the purpose of adopting any 40
regulations and performing any other preparatory administrative 41
tasks that are necessary to carry out the provisions of this act; and 42
(b) On July 1, 2023, for all other purposes. 43
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TEXT OF REPEALED SECTION
489.551 Endorsement of certificate upon transfer. Except
as otherwise provided in NRS 489.564, upon a transfer of the title to
or the interest of an owner in a manufactured home, mobile home or
commercial coach for which a certificate of ownership is issued
pursuant to the provisions of this chapter, the person whose title or
interest is to be transferred and the transferee shall write their
signatures with ink upon the certificate of ownership issued for the
manufactured home, mobile home or commercial coach, together
with the residence address of the transferee, in the appropriate
spaces provided upon the reverse side of the certificate. The
signature of the person whose title or interest is to be transferred that
is written upon a certificate of ownership pursuant to the provisions
of this section must be notarized.
H