- 82nd Session (2023)
Senate Bill No. 40–Committee on
Growth and Infrastructure
CHAPTER..........
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; revising
eligibility requirements for persons seeking assistance from
the Account for Affordable Housing; revising provisions
governing local ordinances concerning the placement of
certain manufactured homes; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law sets forth various requirements and restrictions relating to a
certificate of ownership that is issued by the Housing Division of the Department of
Business and Industry for a manufactured home, mobile home, manufactured
building or commercial coach or factory-built housing. (NRS 489.501-489.585)
Sections 1-4, 6-16 and 18-23 of this bill change the name of such a certificate from
a “certificate of ownership” to a “certificate of title.” Section 24 of this bill
provides that any valid certificate of ownership issued by the Division before
July 1, 2023, is deemed to be a certificate of title issued by the Division.
Section 2 of this bill authorizes the Administrator of the Division to issue
certain documents, including, among others, a certificate of title, in electronic form.
Existing law sets forth certain requirements concerning the sale of a new, used
or rebuilt manufactured home, mobile home, manufactured building or commercial
coach or new, used or rebuilt factory-built housing. (NRS 489.501, 489.511,
489.521) If such a sale is conducted by a dealer, existing law requires the dealer to:
(1) complete a dealer’s report of sale on a form prescribed by the Division which
contains certain required information; and (2) require the buyer to sign an
acknowledgement of taxes on a form prescribed by the Division which includes
certain information. (NRS 489.501, 489.511) Sections 5 and 6 of this bill eliminate
certain requirements concerning the dealer’s report of sale and the information that
is required to be included on the dealer’s report of sale and the acknowledgement of
taxes.
If the sale of a used or rebuilt manufactured home, mobile home, manufactured
building or commercial coach or used or rebuilt factory-built housing is conducted
by a person who is not a dealer, existing law requires the seller or buyer, or both, to
submit certain documents to the Division and the county assessor of the county in
which the manufactured home, mobile home, manufactured building, commercial
coach or factory-built housing is located. (NRS 489.521) Section 7 of this bill
eliminates that requirement and instead requires the seller or buyer, or both, to
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submit to the Division and the county assessor any information that the
Administrator requires by regulation.
Existing law prohibits the Division from issuing a certificate of ownership of a
used manufactured home or used mobile home unless the county assessor of the
county in which the manufactured home or mobile home was situated at the time of
sale has endorsed on the certificate that certain taxes have been paid. (NRS
489.531) Section 8 of this bill revises that prohibition to authorize the Division to
issue a certificate of title of a used manufactured home or used mobile home if the
county assessor verifies to the Division, on a form prescribed by the Division, that
certain taxes have been paid.
With certain exceptions, existing law prohibits any money concerning the sale
or exchange of an interest in a manufactured home, mobile home, manufactured
building or commercial coach or factory-built housing which is held by a dealer
from being distributed until, among other things, an application for a certificate of
ownership or certificate of title has been submitted to the Division and certain
documents have been executed. (NRS 489.723) Section 15 of this bill requires that
application to be submitted and those documents to be executed in a form
prescribed by the Division.
Section 26 of this bill eliminates certain requirements concerning the transfer
of the title to or the interest of an owner in a manufactured home, mobile home or
commercial coach.
Existing law creates the Account for Low-Income Housing, which is
administered by the Division, and establishes the purposes for which the Account is
required to be used. (NRS 118B.215, 319.500, 319.510) One such required use is to
assist eligible persons by supplementing their monthly rent for the manufactured
home lot on which their manufactured home is located. Under existing law, to be
eligible for assistance from the Account, a person is required to have, among other
things, a monthly household income that is at or below certain specified amounts.
(NRS 118B.215) Section 18 of this bill revises those eligibility requirements to
instead require that, to be eligible for assistance from the Account, a person must
have a monthly household income that is at or below: (1) the federally designated
level signifying poverty or thirty percent of the median family income, as
prescribed by the HOME Investment Partnerships Act, adjusted for household size,
which the United States Department of Housing and Urban Development has
established for the area of the State in which the manufactured home is located,
whichever is greater; or (2) a maximum monthly household income that the
Administrator has established by regulation. (42 U.S.C. §§ 12701 et seq.)
Existing law requires a governing body of a city or county to adopt standards
for the placement of a manufactured home that will not be affixed to a lot within a
mobile home park and prescribes certain criteria for such a manufactured home that
must be incorporated into such standards. (NRS 278.02095) Section 19 of this bill
revises these criteria to provide that such a manufactured home must consist of one
or more sections and consist of at least 400 square feet of living area, except under
certain circumstances.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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:
487.100 1. Except as otherwise provided in subsections 2 and
3, any automobile wrecker purchasing from any person other than a
licensed operator of a salvage pool any vehicle subject to
registration pursuant to the laws of this State shall forward to the
Department the certificates of title and registration last issued
therefor.
2. The certificate of [ownership] title last issued for a mobile
home or commercial coach must be sent by the wrecker to the
Housing Division of the Department of Business and Industry.
3. An automobile wrecker is not required to:
(a) Provide the Department with a certificate of title, salvage
title or a nonrepairable vehicle certificate and certificate of
registration last issued; or
(b) Obtain from the Department a certificate of title, salvage
title, nonrepairable vehicle certificate or certificate of registration,
for a motor vehicle that is to be processed as parts or scrap metal
by the automobile wrecker pursuant to NRS 487.105.
Sec. 2. NRS 489.231 is hereby amended to read as follows:
489.231 1. To carry out the provisions of this chapter, the
Administrator may:
(a) Issue subpoenas for the attendance of witnesses or the
production of books, papers and documents; and
(b) Conduct hearings.
2. The Administrator may apply for and receive grants from
the Secretary of Housing and Urban Development for developing
and carrying out a plan for enforcement and administration of
federal standards of safety and construction respecting manufactured
homes offered for sale or lease in this state.
3. The Administrator may adopt regulations to ensure
acceptance by the Secretary of Housing and Urban Development of
the state plan for administration and enforcement of federal
standards of safety and construction respecting manufactured homes
in accordance with the National Manufactured Housing
Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401
et seq.
4. The Administrator may:
(a) Make inspections;
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(b) Approve plans and specifications;
(c) Provide technical services;
(d) Issue licenses, permits, certificates of [ownership] title and
certificates and labels of compliance and installation [;] in such
form as he or she may deem proper, including, without limitation,
in electronic form;
(e) Enter into reciprocal agreements with other states or private
organizations that adopt and maintain standards reasonably
consistent with this chapter;
(f) Collect the fees provided for in this chapter; and
(g) Adopt regulations necessary to carry out his or her duties
under this chapter.
5. The Administrator or a representative of the Administrator
may enter, at reasonable times and without notice, any mobile home
park or place of business or any factory, warehouse or establishment
in which manufactured homes, mobile homes, travel trailers,
manufactured buildings or factory-built housing are manufactured,
stored or held for sale or distribution and inspect at reasonable times
in a reasonable manner the premises and books, papers, records and
documents which are relevant to the manufacture, distribution and
sale of manufactured homes, mobile homes, travel trailers,
manufactured buildings or factory-built housing and compliance
with the National Manufactured Housing Construction and Safety
Standards Act of 1974, 42 U.S.C. §§ 5401 et seq., this chapter and
chapter 461 of NRS, and any regulations adopted pursuant thereto,
and to compliance by landlords of mobile home parks with the
prohibition in NRS 118B.140 against charging or receiving any
entrance or exit fee. A magistrate shall issue a warrant to permit an
inspection if the Administrator has shown:
(a) Evidence that a violation of a provision of this chapter or of
the prohibition in NRS 118B.140 against charging or receiving any
entrance or exit fee has been committed or is being committed; or
(b) That the business has been chosen for an inspection on the
basis of a general administrative plan for the enforcement of the
provisions of this chapter.
Sec. 3. NRS 489.272 is hereby amended to read as follows:
489.272 The Administrator shall adopt regulations:
1. Requiring a person who is buying or selling a manufactured
home, mobile home or commercial coach pursuant to:
(a) A sale to satisfy a lien; or
(b) A contract for sale or other agreement by which the
certificate of title [or certificate of ownership] does not pass
immediately from the seller to the buyer upon the sale,
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to submit to the Administrator such information regarding the
sale as the Administrator deems necessary.
2. Establishing requirements for the issuance or transfer of a
certificate of title [or certificate of ownership] of a mobile home,
manufactured home or a commercial coach in cases involving:
(a) More than one transferor or transferee;
(b) A transferor or transferee who holds a certificate of title [or
certificate of ownership] in trust for another person; or
(c) A sale to satisfy a lien.
Sec. 4. NRS 489.481 is hereby amended to read as follows:
489.481 The Division shall adopt regulations providing fees
for:
1. Certificates of installation;
2. Labels of installation;
3. Certificates of compliance;
4. Labels of compliance;
5. Certificates of [ownership;] title;
6. Licenses of manufacturers, dealers, distributors,
salespersons, responsible managing employees, general
servicepersons and specialty servicepersons;
7. Licenses for branch offices; and
8. Any other services provided by the Division.
Sec. 5. NRS 489.501 is hereby amended to read as follows:
489.501 1. When a new manufactured home, new mobile
home, new manufactured building or new commercial coach or new
factory-built housing is sold in this State by a dealer, the dealer shall
complete a report of sale. The report of sale must be in a form
prescribed by the Division . [and include a description of the
manufactured home, mobile home, manufactured building,
commercial coach or factory-built housing, the name and address of
the seller and the name and address of the buyer. If in connection
with the sale a security interest is taken or retained by the seller or
dealer to secure all or part of the purchase price, or a security
interest is taken by a person who gives value to enable the buyer to
acquire rights in the manufactured home, mobile home,
manufactured building, commercial coach or factory-built housing,
the name and address of the secured party or an assignee thereof
must be entered on the report of sale.]
2. The dealer shall require the buyer to sign an
acknowledgment of taxes, on a form prescribed by the Division . [,
which includes a statement that a manufactured home, mobile home,
manufactured building or commercial coach or factory-built housing
is taxable in the county in which it is located.] A dealer who sells a
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new manufactured home, new mobile home, new manufactured
building or new commercial coach or new factory-built housing
shall deliver the buyer’s copy of the acknowledgment of taxes to the
buyer at the time of sale and submit another copy within 30 days
after the date of the sale to the county assessor of the county in
which the manufactured home, mobile home, manufactured
building, commercial coach or factory-built housing will be located.
3. The dealer shall submit the [original of the] report of sale
and the manufacturer’s certificate or statement of origin to the
Division within 30 days after the execution of all instruments which
the contract of sale required to be executed at the time of sale or
within 30 days after the date of sale, whichever is later, unless an
extension of time is granted by the Division.
4. A dealer who sells a new manufactured home, new mobile
home, new manufactured building or new commercial coach or new
factory-built housing shall deliver [the buyer’s] a copy of the report
of sale to the buyer at the time of sale and submit another copy
within 30 days after the date of the sale to the county assessor of the
county in which the manufactured home, mobile home,
manufactured building, commercial coach or factory-built housing
will be located.
Sec. 6. NRS 489.511 is hereby amended to read as follows:
489.511 1. If a used or rebuilt manufactured home, mobile
home, manufactured building or commercial coach or used or
rebuilt factory-built housing is sold in this State by a dealer, the
dealer shall complete a dealer’s report of sale. The report must be in
a form prescribed by the Division . [and include a description of the
manufactured home, mobile home, manufactured building,
commercial coach or factory-built housing, the name and address of
the seller and the name and address of the buyer. If a security
interest exists at the time of the sale, or if in connection with the sale
a security interest is taken or retained by the seller or dealer to
secure all or part of the purchase price, or a security interest is taken
by a person who gives value to enable the buyer to acquire rights in
the manufactured home, mobile home, manufactured building,
commercial coach or factory-built housing, the name and address of
the secured party must be entered on the dealer’s report of sale.]
2. The dealer shall submit the [original of the] dealer’s report
of sale to the Division within 45 days after the execution of all
instruments which the contract of sale requires to be executed at the
time of the sale, unless an extension of time is granted by the
Division, together with the endorsed certificate of title [or certificate
of ownership] previously issued. The dealer shall furnish one copy
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of the report of sale to the buyer at the time of the sale. Within 45
days after the sale, the dealer shall furnish one copy of the report of
sale to the assessor of the county in which the manufactured home,
mobile home, manufactured building, commercial coach or factory-
built housing will be located.
3. The dealer shall require the buyer to sign an
acknowledgment of taxes, on a form prescribed by the Division . [,
which includes a statement that the manufactured home, mobile
home, manufactured building, commercial coach or factory-built
housing is taxable in the county in which it is located.] The dealer
shall deliver the buyer’s copy of the acknowledgment to the buyer at
the time of sale and submit another copy to the county assessor of
the county in which the manufactured home, mobile home,
manufactured building, commercial coach or factory-built housing
is to be located.
4. If a used or rebuilt manufactured home, mobile home,
manufactured building or commercial coach or used or rebuilt
factory-built housing is sold by a dealer pursuant to an installment
contract or other agreement by which the certificate of title [or
certificate of ownership] does not pass immediately from the seller
to the buyer upon the sale, the dealer shall submit to the Division
any information required by the regulations adopted by the
Administrator pursuant to NRS 489.272.
Sec. 7. NRS 489.521 is hereby amended to read as follows:
489.521 1. If a used or rebuilt manufactured home, mobile
home, manufactured building or commercial coach or used or
rebuilt factory-built housing is sold in this State by a person who is
not a dealer, the seller or buyer, or both, shall :
(a) Within 45 days after the sale, submit to the Division [,] and
[a copy] to the county assessor of the county in which the
manufactured home, mobile home, manufactured building,
commercial coach or factory-built housing is located [, within 45
days after the sale:
(a) If a certificate of ownership has been issued in this State, that
certificate properly endorsed.] the information required by the
regulations adopted by the Administrator pursuant to subsection
2; and
(b) If [a certificate of title or other document of title has been
issued by a public authority of another state, territory or country:
(1) The certificate or document properly endorsed; and
(2) A statement showing, if not included on the endorsed
certificate or document, the description of the manufactured home,
mobile home, manufactured building, commercial coach or factory-
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built housing, the names and addresses of the buyer and seller, and
the name and address of any person who takes or retains a purchase
money security interest. The statement must be signed and
acknowledged by the seller and buyer.
(c) If a document of title has not been issued by any public
authority, a statement showing all the information and signed and
acknowledged in the manner required by subparagraph (2) of
paragraph (b).
2. If a] the used or rebuilt manufactured home, mobile home,
manufactured building or commercial coach or used or rebuilt
factory-built housing is sold by a person who is not a dealer
pursuant to an installment contract or other agreement by which the
certificate of title [or certificate of ownership] does not pass
immediately from the seller to the buyer upon the sale, [the seller or
buyer, or both, shall] submit to the Division any information
required by the regulations adopted by the Administrator pursuant to
NRS 489.272.
2. The Administrator shall adopt regulations prescribing the
information that is required to be submitted to the Division and
county assessor pursuant to paragraph (a) of subsection 1.
Sec. 8. NRS 489.531 is hereby amended to read as follows:
489.531 [1.] The Division shall not issue a certificate of
[ownership] title of a used manufactured home or used mobile home
unless the county assessor of the county in which the manufactured
home or mobile home was situated at the time of sale has [endorsed
on] provided to the [certificate] Division, on a form prescribed by
the Division, verification that all personal property taxes on that
manufactured home or mobile home for the fiscal year have been
paid.
[2. Every certificate of ownership issued for a used
manufactured home or mobile home must contain a warning, printed
or stamped on its face, to the effect that title to a used manufactured
home or used mobile home does not pass until the county assessor
of the county in which the manufactured home or mobile home was
situated at the time of the sale has endorsed on the certificate that all
personal property taxes on that manufactured home or mobile home
for the fiscal year have been paid.]
Sec. 9. NRS 489.541 is hereby amended to read as follows:
489.541 1. Except as otherwise provided in subsections 4 and
5, upon receipt of the documents required by the Division, the
Division shall issue a certificate of [ownership] title.
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2. If no security interest is created or exists in connection with
the sale, the certificate of [ownership] title must be issued to the
buyer.
3. If a security interest is created by the sale, the certificate of
[ownership] title must be issued to the secured party or an assignee
thereof, and must show the name of the registered owner.
4. The Division shall not issue a certificate of [ownership] title
for a mobile home that has been determined to be substandard until
the conditions that rendered the mobile home substandard are
abated.
5. The Division shall not issue a certificate of title [or
certificate of ownership] for factory-built housing that constitutes
real property pursuant to subsection 4 of NRS 361.244.
Sec. 10. NRS 489.561 is hereby amended to read as follows:
489.561 Whenever an application is made to the Division for
title of a manufactured home, mobile home or commercial coach
previously titled and the applicant is unable to present the certificate
of [ownership] title previously issued because it is lost or being
unlawfully detained by one in possession or is not otherwise
available, the Division may receive the application and examine the
circumstances of the case and require the filing of affidavits or other
information. When the Division is satisfied that the applicant is
entitled to a certificate of [ownership,] title, or pursuant to NRS
489.562, it may issue the certificate on the manufactured home,
mobile home or commercial coach.
Sec. 11. NRS 489.562 is hereby amended to read as follows:
489.562 1. If an applicant who is seeking a certificate of
[ownership] title is unable to provide the information required by
the Division pursuant to NRS 489.561 and satisfy the Division that
the applicant is entitled to a certificate of [ownership] title pursuant
to that section, the applicant may obtain a new certificate of
[ownership] title from the Division by:
(a) Filing a bond with the Division that meets the requirements
of subsection 3; and
(b) Allowing the Division to inspect the manufactured home,
mobile home or commercial coach for compliance with the safety
standards and other requirements provided in regulations adopted by
the Administrator pursuant to NRS 489.251.
2. Any person damaged by the issuance of a certificate of
[ownership] title pursuant to this section has a right of action to
recover on the bond for any breach of its conditions, except the
aggregate liability of the surety to all persons must not exceed the
amount of the bond.
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3. The bond required pursuant to subsection 1 must be:
(a) In a form prescribed by the Division;
(b) Executed by the applicant as principal and by a corporation
qualified under the laws of this State as surety;
(c) In an amount equal to one and one-half times the most recent
assessed value assigned by the relevant county assessor to the
manufactured home, mobile home or commercial coach; and
(d) Conditioned to indemnify any:
(1) Prior owner or lienholder of the manufactured home,
mobile home or commercial coach, and his or her successors in
interest;
(2) Subsequent purchaser of the manufactured home, mobile
home or commercial coach, and his or her successors in interest; or
(3) Person acquiring a security interest in the manufactured
home, mobile home or commercial coach, and his or her successors
in interest,
against any expense, loss or damage because of the issuance of
the certificate of [ownership] title or because of any defect in or
undisclosed security interest in the applicant’s right or title to the
manufactured home, mobile home or commercial coach or the
applicant’s interest in the manufactured home, mobile home or
commercial coach.
4. A right of action does not exist in favor of any person by
reason of any action or failure to act on the part of the Division or
any officer or employee thereof in carrying out the provisions of this
section, or in giving or failing to give any information concerning
the legal ownership of a manufactured home, mobile home or
commercial coach or the existence of a certificate of [ownership]
title obtained pursuant to this section.
Sec. 12. NRS 489.564 is hereby amended to read as follows:
489.564 1. The owner or joint owners of a manufactured
home, mobile home or commercial coach may request the Division
to issue a certificate of [ownership] title in beneficiary form for the
manufactured home, mobile home or commercial coach, as
applicable, which includes a directive to the Division to transfer the
certificate of [ownership] title upon the death of the owner or upon
the death of all joint owners to a beneficiary named on the face of
the certificate of [ownership.] title.
2. A request made pursuant to subsection 1 must be submitted
on an application made available by the Division and must:
(a) Contain a notarized signature of the owner or each joint
owner; and
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(b) Be accompanied by the fee for the issuance of a certificate of
[ownership.] title.
3. A certificate of [ownership] title in beneficiary form may not
be issued to a person who holds an interest in a manufactured home,
mobile home or commercial coach as a tenant in common with
another person.
4. A certificate of [ownership] title in beneficiary form must
include after the name of the owner or after the names of joint
owners the words “transfer on death to” or the abbreviation “TOD”
followed by the name of the beneficiary.
5. During the lifetime of a sole owner or before the death of the
last surviving joint owner:
(a) The signature or consent of the beneficiary is not required for
any transaction relating to a manufactured home, mobile home or
commercial coach for which a certificate of [ownership] title in
beneficiary form has been issued; and
(b) The certificate of [ownership] title in beneficiary form may
be revoked or the beneficiary changed at any time by:
(1) Sale of the manufactured home, mobile home or
commercial coach with proper assignment and delivery of the
certificate of [ownership] title to another person; or
(2) Filing an application with, and paying a fee to, the
Division to reissue the certificate of [ownership] title with no
designation of a beneficiary or with the designation of a different
beneficiary.
6. The interest of the beneficiary in a manufactured home,
mobile home or commercial coach on the death of the sole owner or
on the death of the last surviving joint owner is subject to any
contract of sale, assignment or ownership or security interest to
which the owner or owners of the manufactured home, mobile home
or commercial coach were subject during their lifetime.
7. Except as otherwise provided in paragraph (b) of subsection
5, the designation of a beneficiary in a certificate of [ownership]
title in beneficiary form may not be changed or revoked by will, any
other instrument or a change in circumstances, or otherwise changed
or revoked.
8. The Division shall, upon:
(a) Proof of death of one of the owners, of two or more joint
owners or of a sole owner; and
(b) Payment of the fee for a certificate of [ownership,] title,
issue a new certificate of [ownership] title for the manufactured
home, mobile home or commercial coach to the surviving owner or
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owners or, if none, to the beneficiary, subject to any security
interest.
9. For the purposes of complying with the provisions of
subsection 8, the Division may rely on a death certificate, record or
report that constitutes prima facie evidence of death.
10. The transfer on death of a manufactured home, mobile
home or commercial coach pursuant to this section is not considered
as testamentary and is not subject to administration pursuant to the
provisions of title 12 of NRS.
11. As used in this section:
(a) “Beneficiary” means a person or persons designated to
become the owner or owners of a manufactured home, mobile
home or commercial coach on the death of the preceding owner or
owners.
(b) “Certificate of [ownership] title in beneficiary form” means a
certificate of [ownership] title of a manufactured home, mobile
home or commercial coach that indicates the present owner or
owners of the manufactured home, mobile home or commercial
coach and designates a beneficiary.
Sec. 13. NRS 489.571 is hereby amended to read as follows:
489.571 1. Whenever a security interest is created in a
manufactured home, mobile home or commercial coach, the
certificate of [ownership] title must be delivered to the Division
with a statement signed by the debtor showing the date of the
security agreement, the names and addresses of the debtor and the
secured party.
2. The Division shall issue to the secured party a certificate of
[ownership] title with the name and address of the secured party and
the name and address of the registered owner noted on it. If the
security interest is subsequently acquired by another person, or if
there is a change in the name or address of the secured party, the
secured party shall apply to the Division for a corrected certificate
of [ownership.] title.
3. When the contract or terms of the security agreement have
been fully performed, the seller or other secured party who holds the
certificate of [ownership] title shall deliver the certificate to the
person legally entitled to it with proper evidence of the termination
or release of the security interest.
Sec. 14. NRS 489.585 is hereby amended to read as follows:
489.585 The Administrator shall adopt regulations pertaining
to:
1. The issuance of a certificate of [ownership] title pursuant to
NRS 489.562; and
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2. The issuance and revocation of a certificate of [ownership]
title in beneficiary form and a change in beneficiary for such a
certificate of [ownership] title pursuant to NRS 489.564.
Sec. 15. NRS 489.723 is hereby amended to read as follows:
489.723 1. Any money that a dealer receives from a client or
other person concerning the sale or exchange of an interest in a
manufactured home, mobile home, manufactured building or
commercial coach or factory-built housing must be accounted for by
the dealer when:
(a) The sale or exchange of the interest in the manufactured
home, mobile home, manufactured building, commercial coach or
factory-built housing is executed; or
(b) The contract for the sale or exchange of the interest in the
manufactured home, mobile home, manufactured building,
commercial coach or factory-built housing is rescinded by the
dealer, client or any other person,
whichever occurs earlier.
2. The dealer shall:
(a) Prepare or cause to be prepared a written itemized statement
concerning each expenditure or deduction of money made by the
dealer;
(b) Deliver or cause to be delivered to each person from whom
the dealer received money a copy of the written itemized statement;
and
(c) Maintain a copy of the written itemized statement at the
dealer’s place of business.
3. Except as otherwise provided in a brokerage agreement or an
escrow agreement signed by the parties to a sale or exchange of an
interest in a manufactured home, mobile home, manufactured
building or commercial coach or factory-built housing and the
escrow agent or escrow officer licensed pursuant to the provisions
of chapter 645A or 692A of NRS, no money concerning that sale or
exchange held by a dealer may be distributed until:
(a) An application for:
(1) A certificate of [ownership] title for the manufactured
home, mobile home, manufactured building, commercial coach or
factory-built housing; or
(2) A certificate of title [or certificate of ownership] that does
not pass immediately upon the sale or transfer of the manufactured
home, mobile home, manufactured building, commercial coach or
factory-built housing,
has been submitted to the Division [;] in a form prescribed by
the Division;
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(b) Each person who has a financial interest in the manufactured
home, mobile home, manufactured building, commercial coach or
factory-built housing has executed a document in a form prescribed
by the Division that releases or waives the person’s interest; and
(c) Each party to the sale or exchange has complied with the
requirements for the sale or exchange that are set forth in the
regulations adopted pursuant to the provisions of this chapter.
Sec. 16. NRS 489.821 is hereby amended to read as follows:
489.821 1. A person is guilty of a gross misdemeanor who
knowingly:
(a) Makes any false entry on any certificate of origin or
certificate of [ownership.] title.
(b) Furnishes false information to the Division concerning any
security interest.
(c) Files with the Administrator any notice, statement or other
document required under the provisions of this chapter which is
false or contains any material misstatement of fact.
(d) Whether acting individually or as a director, officer or agent
of a corporation, violates a provision of the National Manufactured
Housing Construction and Safety Standards Act of 1974, 42 U.S.C.
§§ 5401 et seq., this chapter and chapter 461 of NRS, and any
regulations adopted pursuant thereto, causing a condition which
endangers the health or safety of a purchaser of a manufactured
home.
2. A dealer is guilty of a gross misdemeanor who knowingly:
(a) Fails to maintain a trust account as required by
NRS 489.724.
(b) Commingles the money or other property of a seller or
purchaser of a manufactured home, manufactured building or
mobile home or factory-built housing with his or her own.
(c) Fails to cooperate or comply with or knowingly impedes or
interferes with any investigation or audit conducted by the Division
pursuant to NRS 489.7235.
(d) Acts as a dealer while insolvent or engages in any financial
practice which creates a substantial risk of insolvency.
3. Except as otherwise provided in this section, any person who
knowingly or willfully violates any provision of this chapter is
guilty of a misdemeanor.
4. Subsection 3 does not apply to a manufacturer of travel
trailers.
Sec. 17. (Deleted by amendment.)
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Sec. 18. NRS 118B.215 is hereby amended to read as follows:
118B.215 1. In addition to the requirements set forth in NRS
319.510, money in the Account may be used to pay necessary
administrative costs and to assist eligible persons by supplementing
their monthly rent for the manufactured home lot on which their
manufactured home is located. Except as otherwise provided in
subsection 3, to be eligible for assistance from the Account, a person
must:
(a) Except as otherwise provided in this subsection, have been a
tenant in the same manufactured home park in this State for at least
1 year immediately preceding his or her application for assistance;
(b) Be the registered owner of the manufactured home which is
subject to the tenancy, as indicated on the certificate of
[ownership] title that is issued by the Division pursuant to
NRS 489.541;
(c) Have a monthly household income, as determined by the
Administrator in accordance with subsection 2, which is at or below:
(1) The federally designated level signifying poverty or
[$750, whichever is greater, if the person is the sole occupant] thirty
percent of the median family income, as prescribed by the HOME
Investment Partnerships Act, 42 U.S.C. §§ 12701 et seq., adjusted
for household size, which the United States Department of
Housing and Urban Development has established for the area of
the State in which the manufactured home [;] is located, whichever
is greater; or
(2) [The federally designated level signifying poverty or
$1,125, whichever is greater, if the person is not the sole occupant
of the manufactured home;] A maximum monthly household
income that the Administrator has established by regulation
pursuant to subsection 5;
(d) Be a tenant in a manufactured home park that is operated for
profit and maintain continuous tenancy in that park during the
duration of the supplemental assistance; and
(e) Not have assets whose value is more than $12,000, excluding
the value of:
(1) The manufactured home which is subject to the tenancy;
(2) The contents of that manufactured home; and
(3) One motor vehicle.
A person who has been a tenant of a manufactured home park in
this State for at least 1 year, but has not been a tenant of the
manufactured home park in which the tenant resides at the time the
tenant applies for assistance for at least 1 year, is eligible for
assistance from the Account if the tenant moved to the
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manufactured home park in which the tenant resides at the time of
his or her application because the tenant was unable to pay the rent
at the manufactured home park from which the tenant moved or
because that park was closed.
2. In determining the monthly household income of an
applicant pursuant to subsection 1, the Administrator shall exclude
from the calculation:
(a) The value of any food stamps the applicant received pursuant
to the Food Stamp Act of 1977, as amended, 7 U.S.C. §§ 2011 et
seq., during the year immediately preceding his or her application
for assistance; or
(b) If the applicant is receiving coverage pursuant to Medicare
Part B, 42 U.S.C. §§ 1395j et seq., the value of the cost of that
coverage during the year immediately preceding his or her
application for assistance,
whichever is greater.
3. The Administrator may waive the requirements for
eligibility set forth in subsection 1 upon the written request of an
applicant if the applicant demonstrates to the satisfaction of the
Administrator that the circumstances of the applicant warrant a
waiver as a result of:
(a) Illness;
(b) Disability; or
(c) Extreme financial hardship based upon a significant
reduction of income, when considering the applicant’s current
financial circumstances.
An applicant shall include with his or her request for a waiver all
medical and financial documents that support his or her request.
4. The Administrator shall adopt regulations establishing:
(a) The annual reporting requirements for persons receiving
assistance pursuant to this section. The regulations must require that
each such person provide the Division with a written
acknowledgment of his or her continued eligibility for assistance.
(b) The maximum amount of assistance which may be
distributed to a person to supplement his or her monthly rent
pursuant to this section.
5. The Administrator may adopt regulations establishing a
maximum monthly household income for a person to be eligible
for assistance from the Account pursuant to subparagraph (2) of
paragraph (c) of subsection 1.
6. As used in this section:
(a) “Manufactured home” includes a travel trailer that is located
on a manufactured home lot within a manufactured home park.
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(b) “Monthly household income” means the combined monthly
incomes of the occupants of a manufactured home which is subject
to the tenancy for which assistance from the Account is requested.
(c) “Travel trailer” has the meaning ascribed to it in
NRS 489.150.
Sec. 19. NRS 278.02095 is hereby amended to read as
follows:
278.02095 1. Except as otherwise provided in this section, in
an ordinance relating to the zoning of land adopted or amended by a
governing body, the definition of “single-family residence” must
include a manufactured home.
2. Notwithstanding the provisions of subsection 1, a governing
body shall adopt standards for the placement of a manufactured
home that will not be affixed to a lot within a mobile home park
which require that:
(a) The manufactured home:
(1) Be permanently affixed to a residential lot;
(2) Be manufactured within the 6 years immediately
preceding the date on which it is affixed to the residential lot;
(3) Have exterior siding and roofing which is similar in
color, material and appearance to the exterior siding and roofing
primarily used on other single-family residential dwellings in the
immediate vicinity of the manufactured home, as established by the
governing body;
(4) Consist of [more than] one [section;] or more sections;
and
(5) Consist of at least [1,200] 400 square feet of living area
unless the governing body, by administrative variance or other
expedited procedure established by the governing body, approves a
lesser amount of square footage based on the size or configuration
of the lot or the square footage of single-family residential dwellings
in the immediate vicinity of the manufactured home; and
(b) If the manufactured home has an elevated foundation, the
foundation is masked architecturally in a manner determined by the
governing body.
The governing body of a local government in a county whose
population is less than 45,000 may adopt standards that are less
restrictive than the standards set forth in this subsection.
3. Standards adopted by a governing body pursuant to
subsection 2 must be objective and documented clearly and must not
be adopted to discourage or impede the construction or provision of
affordable housing, including, without limitation, the use of
manufactured homes for affordable housing.
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- 82nd Session (2023)
4. Before a building department issues a permit to place a
manufactured home on a lot pursuant to this section, other than a
new manufactured home, the owner must surrender the certificate of
[ownership] title to the Housing Division of the Department of
Business and Industry. The Division shall provide proof of such a
surrender to the owner who must submit that proof to the building
department.
5. The provisions of this section do not abrogate a recorded
restrictive covenant prohibiting manufactured homes, nor do the
provisions apply within the boundaries of a historic district
established pursuant to NRS 384.005 or 384.100. An application to
place a manufactured home on a residential lot pursuant to this
section constitutes an attestation by the owner of the lot that the
placement complies with all covenants, conditions and restrictions
placed on the lot and that the lot is not located within a historic
district.
6. As used in this section:
(a) “Manufactured home” has the meaning ascribed to it in
NRS 489.113.
(b) “New manufactured home” has the meaning ascribed to it in
NRS 489.125.
Sec. 20. NRS 319.169 is hereby amended to read as follows:
319.169 1. The Account for Housing Inspection and
Compliance is hereby created in the State General Fund.
2. The Account must be administered by the Division. Except
as otherwise provided in NRS 118B.213 and 489.265, all money
received by the Division pursuant to NRS 118B.185 or any other
source must be deposited into the Account.
3. The interest and income earned on the money in the
Account, after deducting any applicable charges, must be credited to
the Account.
4. Claims against the Account must be paid as other claims
against the State are paid.
5. The Administrator shall adopt regulations setting forth the
use of the money in the Account, including, without limitation:
(a) Licensing, regulating and inspecting:
(1) Housing for persons of low-income that is financed
pursuant to this chapter; and
(2) Manufactured homes, mobile homes, manufactured
buildings, commercial coaches, factory-built housing or
manufactured home parks pursuant to chapters 118B, 461, 461A and
489 of NRS;
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(b) Licensing, regulating and inspecting manufacturers, general
servicepersons, dealers, responsible managing employees,
salespersons, distributors and specialty servicepersons pursuant to
chapter 489 of NRS;
(c) Maintaining title records, and issuing certificates of
[ownership,] title, property liens and conversions to real property of
a mobile home or manufactured home;
(d) Investigating complaints, including, without limitation,
complaints:
(1) Between a landlord and a tenant of a mobile home park;
and
(2) Alleging unlicensed activity; and
(e) Administering any educational and training program for a
provider of manufactured housing.
6. As used in this section:
(a) “Commercial coach” has the meaning ascribed to it in
NRS 489.062.
(b) “Dealer” has the meaning ascribed to it in NRS 489.076.
(c) “Distributor” has the meaning ascribed to it in NRS 489.081.
(d) “Factory-built housing” has the meaning ascribed to it in
NRS 461.080.
(e) “General serviceperson” has the meaning ascribed to it in
NRS 489.102.
(f) “Manufactured building” has the meaning ascribed to it in
NRS 461.132.
(g) “Manufactured home” has the meaning ascribed to it in
NRS 489.113.
(h) “Manufactured home lot” has the meaning ascribed to it in
NRS 118B.016.
(i) “Manufactured home park” has the meaning ascribed to it in
NRS 118B.017.
(j) “Manufacturer” has the meaning ascribed to it in
NRS 489.115.
(k) “Mobile home” has the meaning ascribed to it in
NRS 489.120.
(l) “Mobile home park” has the meaning ascribed to
“manufactured home park” in NRS 118B.017.
(m) “Responsible managing employee” has the meaning
ascribed to it in NRS 489.1353.
(n) “Salesperson” has the meaning ascribed to it in
NRS 489.137.
(o) “Specialty serviceperson” has the meaning ascribed to it in
NRS 489.147.
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- 82nd Session (2023)
Sec. 21. NRS 361.2445 is hereby amended to read as follows:
361.2445 1. A mobile or manufactured home which has been
converted to real property pursuant to NRS 361.244 may not be
removed from the real property to which it is affixed unless, at least
30 days before removing the mobile or manufactured home:
(a) The owner:
(1) Files with the Division an affidavit stating that the sole
purpose for converting the mobile or manufactured home from real
to personal property is to effect a transfer of the title to the mobile or
manufactured home;
(2) Files with the Division the affidavit of consent to the
removal of the mobile or manufactured home of each person who
holds any legal interest in the real property to which the mobile or
manufactured home is affixed; and
(3) Gives written notice to the county assessor of the county
in which the real property is situated; and
(b) The county tax receiver certifies in writing that all taxes for
the fiscal year on the mobile or manufactured home and the real
property to which the mobile or manufactured home is affixed have
been paid.
2. The county assessor shall not remove a mobile or
manufactured home from the tax rolls until:
(a) The county assessor has received verification that there is no
security interest in the mobile or manufactured home or the holders
of security interests have agreed in writing to the conversion of the
mobile or manufactured home to personal property; and
(b) An affidavit of conversion of the mobile or manufactured
home from real to personal property has been recorded in the county
recorder’s office of the county in which the real property to which
the mobile or manufactured home was affixed is situated.
3. A mobile or manufactured home which is physically
removed from real property pursuant to this section shall be deemed
to be personal property immediately upon its removal.
4. The Department shall adopt:
(a) Such regulations as are necessary to carry out the provisions
of this section; and
(b) A standard form for the affidavits required by this section.
5. Before the owner of a mobile or manufactured home that has
been converted to personal property pursuant to this section may
transfer ownership of the mobile or manufactured home, he or she
must obtain a certificate of [ownership] title from the Division.
6. For the purposes of this section, the removal of a mobile or
manufactured home from real property includes the detachment of
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the mobile or manufactured home from its foundation, other than
temporarily for the purpose of making repairs or improvements to
the mobile or manufactured home or the foundation.
7. An owner who physically removes a mobile or
manufactured home from real property in violation of this section is
liable for all legal costs and fees, plus the actual expenses, incurred
by a person who holds any interest in the real property to restore the
real property to its former condition. Any judgment obtained
pursuant to this section may be recorded as a lien upon the mobile or
manufactured home so removed.
8. As used in this section:
(a) “Division” means the Housing Division of the Department of
Business and Industry.
(b) “Owner” means any person who holds an interest in the
mobile or manufactured home or the real property to which the
mobile or manufactured home is affixed evidenced by a conveyance
or other instrument which transfers that interest to him or her and is
recorded in the office of the county recorder of the county in which
the mobile or manufactured home and real property are situated, but
does not include the owner or holder of a right-of-way, easement or
subsurface property right appurtenant to the real property.
Sec. 22. NRS 372.383 is hereby amended to read as follows:
372.383 1. If a certificate of [ownership] title has been issued
for a used manufactured home or used mobile home by the
Department of Motor Vehicles or the Housing Division of the
Department of Business and Industry, it is presumed that the taxes
imposed by this chapter have been paid with respect to that
manufactured home or mobile home.
2. As used in this section, “manufactured home” and “mobile
home” have the meanings ascribed to them in NRS 372.316.
Sec. 23. NRS 374.388 is hereby amended to read as follows:
374.388 1. If a certificate of [ownership] title has been issued
for a used manufactured home or used mobile home by the
Department of Motor Vehicles or the Housing Division of the
Department of Business and Industry, it is presumed that the taxes
imposed by this chapter have been paid with respect to that
manufactured home or mobile home.
2. As used in this section, “manufactured home” and “mobile
home” have the meanings ascribed to them in NRS 374.321.
Sec. 24. Notwithstanding the amendatory provisions of this
act, any valid certificate of ownership for a manufactured home,
mobile home, manufactured building or commercial coach or
factory-built housing that was issued by the Housing Division of the
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Department of Business and Industry before July 1, 2023, shall be
deemed to be a certificate of title issued by the Housing Division of
the Department of Business and Industry.
Sec. 25. The Legislative Counsel shall:
1. In preparing the Nevada Revised Statutes, make such
changes as necessary so that references to a “certificate of
ownership” issued by the Housing Division of the Department of
Business and Industry are changed to a “certificate of title” issued
by the Housing Division of the Department of Business and
Industry; and
2. In preparing supplements to the Nevada Administrative
Code, make such changes as necessary so that references to a
“certificate of ownership” issued by the Housing Division of the
Department of Business and Industry are changed to a “certificate of
title” issued by the Housing Division of the Department of Business
and Industry.
Sec. 26. NRS 489.551 is hereby repealed.
Sec. 27. 1. This section and section 26 of this act become
effective upon passage and approval.
2. Sections 1 to 25, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2023, for all other purposes.
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