A.B. 341
- *AB341*
ASSEMBLY BILL NO. 341–COMMITTEE ON
HEALTH AND HUMAN SERVICES
(ON BEHALF OF THE LEGISLATIVE COMMITTEE ON SENIOR
CITIZENS, VETERANS AND ADULTS WITH SPECIAL NEEDS)
MARCH 3, 2025
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises the Nevada Fair Housing Law.
(BDR 10-460)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to housing; prohibiting a landlord from refusing to
rent a dwelling to a corporation that rents a dwelling on
behalf of a person with a disability solely because the
corporation provides assistance in obtaining housing to a
person with a disability; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law sets forth the Nevada Fair Housing Law which prohibits certain 1
discriminatory housing practices. (NRS 118.010-118.120) The Nevada Fair 2
Housing Law prohibits a person from refusing to sell or rent a dwelling to any 3
person on the basis of race, religious creed, color, national origin, disability, sexual 4
orientation, gender identity or expression, ancestry, familial status or sex. (NRS 5
118.100) Section 1 of this bill prohibits a landlord from refusing to rent or 6
negotiate for the rental of, or otherwise make unavailable or deny, a dwelling to a 7
corporation that rents a dwelling on behalf of a person with a disability solely 8
because the corporation provides assistance in obtaining housing to a person with a 9
disability. Section 1 requires a landlord to submit a written explanation of the 10
reasons the landlord denied an application to rent a dwelling submitted by such a 11
corporation to the corporation, the Aging and Disability Services Division of the 12
Department of Health and Human Services and the Office of the Ombudsman for 13
Owners in Common-Interest Communities and Condominium Hotels within 7 days 14
after the landlord denies such an application. 15
Section 2 of this bill applies the definitions in existing law governing the 16
Nevada Fair Housing Law to the provisions of section 1. 17
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Existing law provides a tenant with a defense in a summary proceeding or 18
action for possession of a dwelling if the landlord’s attempt to terminate the 19
tenancy or regain possession violates certain provisions that prohibit discriminatory 20
housing practices. (NRS 118.115) Section 3 of this bill applies this provision to a 21
violation of section 1. 22
Existing law authorizes a person to file an action in any district court of this 23
State to enforce certain provisions that prohibit discriminatory housing practices. If 24
the plaintiff prevails, the court may award to the plaintiff actual damages, punitive 25
damages, court costs and a reasonable attorney’s fee. (NRS 118.120) Section 4 of 26
this bill authorizes a person to enforce the provisions of section 1 by filing such an 27
action. 28
Existing law prohibits a landlord from taking certain retaliatory actions against 29
a tenant who has complained in good faith to certain persons or entities of a 30
violation of the Nevada Fair Housing Law. (NRS 118A.510) Section 5 of this bill 31
applies this provision to a violation of section 1. 32
Under existing law, a person who claims to have been injured by a 33
discriminatory housing practice is authorized to file a complaint with the Nevada 34
Equal Rights Commission. (NRS 118.110) Under this bill, a person who claims to 35
have been injured by a violation of section 1 is also authorized to file a complaint. 36
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 118 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. A landlord shall not refuse to rent or refuse to negotiate 3
for the rental of, or otherwise make unavailable or deny, a 4
dwelling to a corporation that rents a dwelling on behalf of a 5
person with a disability solely because the corporation provides 6
assistance in obtaining housing to a person with a disability. 7
2. If such a corporation applies for an available dwelling on 8
behalf of a person with a disability and the application is denied, 9
the landlord shall submit to the corporation, the Aging and 10
Disability Services Division of the Department of Health and 11
Human Services and the Office of the Ombudsman for Owners in 12
Common-Interest Communities and Condominium Hotels a 13
written explanation of the reasons for the denial within 7 days 14
after the denial. 15
Sec. 2. NRS 118.030 is hereby amended to read as follows: 16
118.030 As used in NRS 118.010 to 118.120, inclusive, and 17
section 1 of this act, unless the context otherwise requires, the 18
words and terms defined in NRS 118.040 to 118.093, inclusive, 19
have the meanings ascribed to them in those sections. 20
Sec. 3. NRS 118.115 is hereby amended to read as follows: 21
118.115 A tenant has a defense in a summary proceeding or 22
other action for possession of a dwelling if the landlord’s attempt to 23
terminate the tenancy or regain possession violates any provision of 24
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NRS 118.010 to 118.120, inclusive, and section 1 of this act or the 1
Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq. 2
Sec. 4. NRS 118.120 is hereby amended to read as follows: 3
118.120 Any person may commence an action in any district 4
court in this state to enforce the provisions of NRS 118.100, 5
207.300, 207.310, 645.321 or 645C.480 or section 1 of this act not 6
less than 1 year after the date of the occurrence or termination of an 7
alleged violation of any of those provisions. If the court determines 8
that the provisions of any of those sections have been violated by 9
the defendant, and that the plaintiff has been injured thereby, it may 10
enjoin the defendant from continued violation or may take such 11
other affirmative action as may be appropriate, and, in the case of a 12
prevailing plaintiff, may award to the plaintiff actual damages, 13
punitive damages, court costs and a reasonable attorney’s fee. 14
Sec. 5. NRS 118A.510 is hereby amended to read as follows: 15
118A.510 1. Except as otherwise provided in subsection 3, 16
the landlord may not, in retaliation, terminate a tenancy, refuse to 17
renew a tenancy, increase rent or decrease essential items or services 18
required by the rental agreement or this chapter, or bring or threaten 19
to bring an action for possession if: 20
(a) The tenant has complained in good faith of a violation of a 21
building, housing or health code applicable to the premises and 22
affecting health or safety to a governmental agency charged with the 23
responsibility for the enforcement of that code; 24
(b) The tenant has complained in good faith to the landlord or a 25
law enforcement agency of a violation of this chapter or of a 26
specific statute that imposes a criminal penalty; 27
(c) The tenant has organized or become a member of a tenant’s 28
union or similar organization; 29
(d) A citation has been issued resulting from a complaint 30
described in paragraph (a); 31
(e) The tenant has instituted or defended against a judicial or 32
administrative proceeding or arbitration in which the tenant raised 33
an issue of compliance with the requirements of this chapter 34
respecting the habitability of dwelling units; 35
(f) The tenant has failed or refused to give written consent to a 36
regulation adopted by the landlord, after the tenant enters into the 37
rental agreement, which requires the landlord to wait until the 38
appropriate time has elapsed before it is enforceable against 39
the tenant; 40
(g) The tenant has complained in good faith to the landlord, a 41
government agency, an attorney, a fair housing agency or any other 42
appropriate body of a violation of NRS 118.010 to 118.120, 43
inclusive, and section 1 of this act or the Fair Housing Act of 1968, 44
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42 U.S.C. §§ 3601 et seq., or has otherwise exercised rights which 1
are guaranteed or protected under those laws; 2
(h) The tenant or, if applicable, a cotenant or household 3
member, is a victim of domestic violence, harassment, sexual 4
assault or stalking or terminates a rental agreement pursuant to NRS 5
118A.345; or 6
(i) Except as otherwise provided in NRS 118A.315, the tenant is 7
a federal worker, tribal worker, state worker or household member 8
of such a worker and the tenant pays rent during the time specified 9
in subsection 2 of NRS 118A.310. As used in this paragraph, 10
“household member” has the meaning ascribed to it in 11
NRS 40.0025. 12
2. If the landlord violates any provision of subsection 1, the 13
tenant is entitled to the remedies provided in NRS 118A.390 and has 14
a defense in any retaliatory action by the landlord for possession. 15
3. A landlord who acts under the circumstances described in 16
subsection 1 does not violate that subsection if: 17
(a) The violation of the applicable building, housing or health 18
code of which the tenant complained was caused primarily by the 19
lack of reasonable care by the tenant, a member of his or her 20
household or other person on the premises with his or her consent; 21
(b) The tenancy is terminated with cause; 22
(c) A citation has been issued and compliance with the 23
applicable building, housing or health code requires alteration, 24
remodeling or demolition and cannot be accomplished unless the 25
tenant’s dwelling unit is vacant; or 26
(d) The increase in rent applies in a uniform manner to all 27
tenants. 28
The maintenance of an action under this subsection does not 29
prevent the tenant from seeking damages or injunctive relief for the 30
landlord’s failure to comply with the rental agreement or maintain 31
the dwelling unit in a habitable condition as required by this chapter. 32
4. As used in this section: 33
(a) “Cotenant” has the meaning ascribed to it in NRS 118A.345. 34
(b) “Domestic violence” has the meaning ascribed to it in 35
NRS 118A.345. 36
(c) “Harassment” means a violation of NRS 200.571. 37
(d) “Household member” has the meaning ascribed to it in 38
NRS 118A.345. 39
(e) “Sexual assault” means a violation of NRS 200.366. 40
(f) “Stalking” means a violation of NRS 200.575. 41
H