REQUIRES TWO-THIRDS MAJORITY VOTE
(§ 25)
A.B. 38
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ASSEMBLY BILL NO. 38–COMMITTEE
ON COMMERCE AND LABOR
(ON BEHALF OF THE HOUSING DIVISION OF THE
DEPARTMENT OF BUSINESS AND INDUSTRY)
PREFILED NOVEMBER 18, 2024
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises various provisions relating to housing.
(BDR 43-521)
FISCAL NOTE: Effect on Local Government: Increases or Newly
Provides for Term of Imprisonment in County or City
Jail or Detention Facility.
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 housing; revising provisions governing
manufactured homes, mobile homes, manufactured
buildings, commercial coaches and factory-built housing;
revising provisions governing the payment of certain
claims from the Account for Housing Inspection and
Compliance; establishing the rights of a landlord to access
a tenant’s lot in a manufactured home park; revising
provisions governing certain disclosures required to be
made to a tenant by a landlord of a manufactured home
park; revising requirements relating to the maintenance of
lots by tenants in a manufactured home park; requiring a
seller or transferor of a mobile home park to notify the
Housing Division of the Department of Business and
Industry of the sale or transfer; providing penalties; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law regulates various activities relating to manufactured homes, 1
mobile homes, manufactured buildings, commercial coaches and factory-built 2
housing. (Chapter 489 of NRS) Sections 1 and 24-28 of this bill make the 3
requirements and prohibitions in existing law relating to trip permits applicable to 4
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manufactured buildings. (NRS 489.122, 489.611-489.661) Sections 2 and 9 of this 5
bill make certain provisions in existing law relating to the issuance of certificates 6
and labels of compliance applicable to manufactured buildings. (NRS 489.241, 7
489.461) Sections 3 and 14-18 of this bill make the requirements in existing law 8
relating to regulations governing certain sales and the issuance of certificates of 9
title by the Housing Division of the Department of Business and Industry 10
applicable to manufactured buildings. (NRS 489.272, 489.531-489.581) Sections 4-11
6 of this bill make the enforcement authority of the Division in existing law relating 12
to notice of violations, orders to vacate and orders to stop work applicable to 13
manufactured buildings. (NRS 489.291, 489.295, 489.297) Section 8 of this bill 14
makes the provisions relating to advance fees in existing law applicable to sales of 15
manufactured buildings and factory-built housing. (NRS 489.426) 16
Existing law creates the Account for Housing Inspection and Compliance in the 17
State General Fund and requires that this Account be administered by the Division. 18
(NRS 319.169) Under existing law, a person is required to obtain a license from the 19
Division to engage in the business of a dealer, distributor, manufacturer, general 20
serviceperson, specialty serviceperson, salesperson or certain managing employee 21
in connection with the sale, lease, distribution, alteration, repair, remodeling or 22
manufacture of a manufactured home, mobile home, manufactured building or 23
commercial coach or factory-built housing. (NRS 489.311, 489.341) Existing law 24
provides a procedure pursuant to which certain persons who obtain judgments 25
against such licensees for acts of fraud, misrepresentation or deceit made in 26
connection with their licenses are authorized to make a claim for payment from the 27
Account of any unpaid damages, subject to certain monetary limitations. (NRS 28
489.4971-489.4989) Sections 10 and 11 of this bill clarify that an eligible claimant 29
for such a payment is not only a purchaser of a manufactured home, mobile home, 30
manufactured building or commercial coach or factory-built housing but any person 31
who entered into an agreement for the sale, purchase, lease, distribution, alteration, 32
repair, remodeling or manufacture of such housing. Sections 10 and 11 also 33
expand the actions regarding which such claims are authorized to be made to 34
include any action against a licensee in which damages are recovered for an act or 35
omission of the licensee that violates the laws governing manufactured homes, 36
mobile homes, manufactured buildings, commercial coaches and factory-built 37
housing. Additionally, sections 10 and 11 reorganize the existing procedure for 38
making a claim for payment from the Account. Section 7 of this bill makes a 39
conforming change to refer to a provision that has been renumbered by section 10. 40
(NRS 489.325) 41
Existing law sets forth certain requirements concerning the sale of a new, used 42
or rebuilt manufactured home, mobile home, manufactured building or commercial 43
coach or new, used or rebuilt factory-built housing. (NRS 489.501, 489.511, 44
489.521) If such a sale is conducted by a dealer, existing law requires the dealer to 45
complete a report of sale in a form prescribed by the Division and submit the report 46
of sale and certain other documents to the Division within certain time periods after 47
the sale. (NRS 489.501, 489.511) In addition to the report of sale and other 48
documents, sections 12 and 13 of this bill require a dealer to submit to the Division 49
within certain time periods after the sale the completed contract for sale prescribed 50
by the Administrator of the Division. 51
Sections 19-23 of this bill make the provisions in existing law relating to the 52
issuance of labels and certificates of installation applicable to manufactured 53
buildings and commercial coaches. (NRS 489.591-489.5965) Section 29 of this bill 54
makes the exemption of a dealer from property taxes for inventory in existing law 55
applicable to the dealer’s inventory of manufactured buildings and factory-built 56
housing. (NRS 489.711) Section 30 of this bill makes the requirements for offers to 57
sell, buy or lease used manufactured homes, mobile homes and commercial coaches 58
applicable to such offers for used manufactured buildings and factory-built housing. 59
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(NRS 489.715) Section 31 of this bill expands the forms of contracts in existing 60
law that the Administrator is required to prescribe for use by a dealer to include 61
contracts for the sale or listing for sale of a manufactured building or factory-built 62
housing. (NRS 489.7152) 63
Existing law: (1) authorizes the Division to investigate and audit any financial 64
account related to the business of a dealer or distributor of a manufactured home, 65
mobile home, manufactured building or commercial coach or factory-built housing 66
to investigate potential insolvency or to administer or enforce any law; and (2) 67
requires the Administrator to adopt regulations prescribing the scope of such an 68
audit. (NRS 489.7235) Instead of investigating for potential insolvency, section 32 69
of this bill authorizes the Division to investigate whether the dealer or distributor 70
violated laws governing manufactured homes, mobile homes, manufactured 71
buildings, commercial coaches and factory-built housing. Section 32 also broadens 72
the authority of the Division for adoption of the regulations to include the 73
investigation and other related matters. 74
Sections 33 and 35 of this bill expand the prohibition in existing law against a 75
dealer commingling his or her money with money or other property of a seller or 76
purchaser of a manufactured home or mobile home to apply to sales or purchases of 77
manufactured buildings, commercial coaches and factory-built housing. (NRS 78
489.727, 489.821) Section 34 of this bill expands the prohibition against 79
manufacturing a manufactured home, mobile home, travel trailer or commercial 80
coach unless the components and system are constructed or assembled according to 81
certain standards to include manufactured buildings and factory-built housing. 82
(NRS 489.801) 83
Existing law sets forth certain rights and obligations of the owner or lessor of a 84
manufactured home lot within a manufactured home park or the owner or lessor of 85
such a park. (NRS 118B.065-118B.185) Existing law defines such an owner or 86
lessor as a “landlord.” (NRS 118B.014) Existing law defines the owner of a 87
manufactured home which is located on a manufactured home lot in a 88
manufactured home park as a “tenant.” (NRS 118B.0185) Section 36 of this bill 89
establishes the rights of the landlord to access the lot of a tenant. Section 36 is 90
modeled on the rights of a landlord to access the dwelling unit of a tenant in the 91
Residential Landlord and Tenant Act. (NRS 118A.330) 92
Existing law prohibits certain retaliatory conduct by a landlord against a tenant, 93
including terminating a tenancy, refusing to renew a tenancy, increasing rent or 94
decreasing services, or bringing or threatening to bring an action for possession of a 95
manufactured home lot because the tenant has complained to the landlord 96
concerning a violation of certain provisions of existing law. (NRS 118B.210) 97
Section 39 of this bill also prohibits such retaliatory conduct by a landlord against a 98
tenant who complains about a violation of section 36. 99
Existing law requires a landlord to: (1) provide certain written disclosures to 100
each tenant, including certain contact information for the park owner, manager, 101
assistant manager and person authorized to receive service of process for the 102
landlord; and (2) post or provide to each tenant the office hours or the landlord’s 103
availability at the park. (NRS 118B.080) Section 37 of this bill adds to such 104
disclosure requirements an electronic mail address for such persons and requires 105
that the office hours be during regular business hours. Section 37 also requires that 106
the manager or assistant manager of a manufactured home park consisting of 75 or 107
more lots: (1) be available at the park location for a minimum of 8 hours each week 108
during regular business hours; and (2) post such hours. 109
Existing law authorizes a landlord or his or her agent or employee to require a 110
tenant to landscape and maintain the tenant’s lot if the landlord advises the tenant in 111
writing of reasonable requirements for landscaping. (NRS 118B.120) Section 38 of 112
this bill changes the authority of the landlord regarding landscaping to only allow 113
the landlord to require the tenant to reasonably maintain the tenant’s lot to control 114
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weeds and any grass or other vegetation and only if the landlord had provided the 115
tenant with 30 days’ advance written notice of the requirement. 116
Existing law sets forth various requirements and restrictions relating to a 117
mobile home park. (NRS 461A.215-461A.237) Section 40 of this bill requires a 118
seller or transferor of a mobile home park to notify the Division of the sale or 119
transfer of the park, in a form prescribed by the Division, within 10 business days 120
after the sale or transfer. 121
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 489.122 is hereby amended to read as follows: 1
489.122 “Movement” means the act of towing, pushing or 2
otherwise propelling a manufactured home, mobile home , 3
manufactured building or commercial coach upon a highway or 4
road. 5
Sec. 2. NRS 489.241 is hereby amended to read as follows: 6
489.241 The Administrator shall adopt regulations: 7
1. Consistent with the federal regulations governing procedure 8
and enforcement respecting manufactured homes to administer and 9
enforce federal construction and safety standards respecting 10
manufactured homes in accordance with the National Manufactured 11
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 12
§§ 5401 et seq.). 13
2. For the construction of commercial coaches that are 14
reasonably consistent with nationally recognized standards. 15
3. For the: 16
(a) Reconstruction; and 17
(b) Alteration, including that done to a plumbing, heating or 18
electrical system, 19
of mobile homes and commercial coaches that are reasonably 20
consistent with nationally recognized standards. 21
4. For the issuance of certificates and labels of compliance. 22
The regulations must provide for, without limitation: 23
(a) Inspection at the place of manufacture; 24
(b) Submission and approval of plans and specifications or for 25
the actual inspection and approval of the manufactured home, 26
mobile home, travel trailer , manufactured building or commercial 27
coach or acceptance of a label of compliance issued by another state 28
or a private organization which the Administrator finds has a 29
competent inspection program reasonably consistent with this 30
chapter; and 31
(c) Revocation for cause, upon notice and hearing, of the right of 32
a manufacturer to sell manufactured homes, mobile homes, travel 33
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trailers , manufactured buildings or commercial coaches in this 1
state for use in this state. 2
5. Consistent with nationally recognized standards governing 3
the minimum requirements for the design of travel trailers. 4
Sec. 3. NRS 489.272 is hereby amended to read as follows: 5
489.272 The Administrator shall adopt regulations: 6
1. Requiring a person who is buying or selling a manufactured 7
home, mobile home , manufactured building or commercial coach 8
pursuant to: 9
(a) A sale to satisfy a lien; or 10
(b) A contract for sale or other agreement by which the 11
certificate of title does not pass immediately from the seller to the 12
buyer upon the sale, 13
to submit to the Administrator such information regarding the 14
sale as the Administrator deems necessary. 15
2. Establishing requirements for the issuance or transfer of a 16
certificate of title of a mobile home, manufactured home , 17
manufactured building or commercial coach in cases involving: 18
(a) More than one transferor or transferee; 19
(b) A transferor or transferee who holds a certificate of title in 20
trust for another person; or 21
(c) A sale to satisfy a lien. 22
Sec. 4. NRS 489.291 is hereby amended to read as follows: 23
489.291 1. If the Administrator finds a violation of this 24
chapter or of the prohibition in NRS 118B.140 against charging or 25
receiving an entrance or exit fee, or of any regulation adopted 26
pursuant to this chapter, the Administrator may issue a notice of 27
violation to the person alleged to have violated the provision. The 28
notice of violation must set forth the violation which the 29
Administrator alleges with particularity and specify the corrective 30
action which is to be taken and the time within which the action 31
must be taken. If the person is alleged to have violated the 32
prohibition in NRS 118B.140 against charging or receiving an 33
entrance or exit fee, the notice of violation must specify that the fee 34
be repaid in full, and may specify any other corrective action which 35
the Administrator deems necessary. 36
2. Any person who fails to take the corrective action required 37
in a notice of violation is guilty of a misdemeanor and the 38
Administrator may: 39
(a) Apply to the district court for the judicial district in which 40
the violation is alleged to have occurred for an injunction and any 41
other relief which the court may grant to compel compliance; 42
(b) Request that the district attorney of the county in which the 43
violation is alleged to have occurred prosecute the person for the 44
violation; 45
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(c) If the person is alleged to have violated the prohibition in 1
NRS 118B.140 against charging or receiving an entrance or exit fee, 2
assess a penalty against the person equal to three times the amount 3
of the fee which was charged or received; or 4
(d) If the person is alleged to have violated NRS 489.311 and 5
while acting without a license is alleged to have caused damage to a 6
mobile home, manufactured home , manufactured building or 7
commercial coach, require that the person reimburse the owner of 8
the mobile home, manufactured home , manufactured building or 9
commercial coach for the cost of repairing such damage and assess a 10
penalty against that person equal to the estimated cost of such 11
repairs. 12
3. The assessment of a penalty pursuant to paragraph (c) or (d) 13
of subsection 2 is a contested case. 14
4. Any person who is found to have violated a provision of this 15
chapter, the prohibition in NRS 118B.140 against charging or 16
receiving an entrance or exit fee, or a regulation adopted pursuant to 17
this chapter, is liable for the cost incurred by the Division in 18
enforcing the provision or regulation. 19
Sec. 5. NRS 489.295 is hereby amended to read as follows: 20
489.295 1. If an inspection reveals that a used manufactured 21
home, used mobile home , used manufactured building or used 22
commercial coach is constructed or maintained in violation of this 23
chapter, the Division may order its use discontinued and the used 24
manufactured home, used mobile home , used manufactured 25
building or used commercial coach, or any portion thereof, vacated. 26
2. The order to vacate must be served upon the person using 27
the used manufactured home, used mobile home , used 28
manufactured building or used commercial coach and copies of the 29
order must also be posted at or upon each exit of the used 30
manufactured home, used mobile home , used manufactured 31
building or used commercial coach. 32
3. The order to vacate must include a reasonable time within 33
which the violation may be corrected. 34
4. A person shall not occupy or use the used manufactured 35
home, used mobile home , used manufactured building or used 36
commercial coach in violation of the order to vacate. 37
Sec. 6. NRS 489.297 is hereby amended to read as follows: 38
489.297 1. Whenever any construction, rebuilding or other 39
work is performed in violation of this chapter or any regulation 40
adopted pursuant to this chapter, the Division may order the work 41
stopped. 42
2. The order to stop work must be served upon the person 43
doing the work or upon the person causing the work to be done. The 44
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person served with the order shall immediately cease the work until 1
authorized by the Division to continue it. 2
3. A copy of the order to stop work must be posted at or upon a 3
recognized entrance of the used manufactured home, used mobile 4
home , used manufactured building or used commercial coach. 5
Sec. 7. NRS 489.325 is hereby amended to read as follows: 6
489.325 1. The Administrator may adopt regulations which 7
provide for the licensing of specialty servicepersons. A person 8
licensed as a specialty serviceperson pursuant to this section must be 9
limited in the scope of the work he or she may perform to 10
installation or repair in one of the following categories: 11
(a) Awnings, roofing or skirting; 12
(b) Plumbing; 13
(c) Heating and air-conditioning systems; 14
(d) Electrical systems; or 15
(e) Any other category that may be similarly licensed by the 16
State Contractors’ Board. 17
2. The Administrator shall provide in those regulations for: 18
(a) The imposition of reasonable fees for application, 19
examination and licensure. 20
(b) The creation and administration of a written or oral 21
examination for each category of limited licensure. 22
(c) Minimum qualifications for such a license, including, 23
without limitation, the passage of any applicable examination 24
required pursuant to subsection 1 of NRS 489.351, unless waived 25
pursuant to subsection 2 of NRS 489.351. 26
3. A person who is licensed as a specialty serviceperson shall 27
comply with each statute and regulation which applies to general 28
servicepersons, including, without limitation, the payment of a fee 29
required pursuant to subparagraph (1) of paragraph (c) of subsection 30
[2] 1 of NRS 489.4971. 31
Sec. 8. NRS 489.426 is hereby amended to read as follows: 32
489.426 1. A person who charges or collects an advance fee 33
shall, within 3 months after charging or collecting such a fee, 34
furnish to his or her principal an accounting of the use of the money. 35
The Administrator also may require an accounting by the person of 36
the use of the money. 37
2. A person shall not accept an advance fee listing unless the 38
person is a dealer, responsible managing employee or salesperson 39
who is licensed pursuant to this chapter. 40
3. The Administrator may adopt regulations concerning 41
advance fee listings and the charging and collecting of an advance 42
fee, including, but not limited to: 43
(a) Forms to be used for advance fee agreements; and 44
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(b) Reports and forms of accounting required to be kept, made 1
or submitted to the Division. 2
4. A violation of this section or the regulations adopted 3
pursuant to this section constitutes grounds for disciplinary action 4
against a licensee. 5
5. As used in this section: 6
(a) “Advance fee” means the money contracted for, charged, 7
claimed, collected, demanded or received for an advance fee listing 8
of, an advertisement for or an offer to sell a manufactured home, 9
mobile home , manufactured building or commercial coach [,] or 10
factory-built housing, if the advance fee listing, advertisement or 11
offer is issued to promote the sale of a manufactured home, mobile 12
home , manufactured building or commercial coach or factory-13
built housing or for referral to a business, to dealers or to 14
salespersons, before the last printing or other last issuance thereof, 15
other than by a newspaper of general circulation. 16
(b) “Advance fee listing” includes, but is not limited to: 17
(1) The name or a list of the names of owners, prospective 18
buyers or exchangers, or the location of a manufactured home, 19
mobile home , manufactured building or commercial coach or 20
factory-built housing that is offered for sale or exchange. 21
(2) The location at which prospective or potential buyers or 22
exchangers of manufactured homes, mobile homes [or] , 23
manufactured buildings, commercial coaches or factory-built 24
housing may be communicated with or found. 25
(3) An agreement by which a person who is engaged in the 26
business of promoting the sale of manufactured homes, mobile 27
homes [or] , manufactured buildings, commercial coaches or 28
factory-built housing agrees to render to an owner or buyer any 29
service to promote the sale of the manufactured home, mobile home 30
[or] , manufactured building, commercial coach or factory-built 31
housing for an advance fee. 32
(4) An agreement by which a person agrees to locate or to 33
promote the sale of a manufactured home, mobile home , 34
manufactured building or commercial coach or factory-built 35
housing for an advance fee. 36
The term does not include any publication issued for general 37
circulation. 38
Sec. 9. NRS 489.461 is hereby amended to read as follows: 39
489.461 Except as otherwise provided in NRS 278.02095, a 40
manufactured home, mobile home, travel trailer , manufactured 41
building or commercial coach for which a certificate and label of 42
compliance has been issued pursuant to the provisions of this 43
chapter is not required to comply with any local building codes or 44
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ordinances prescribing standards for plumbing, heating, electrical 1
systems, body and frame design and construction requirements. 2
Sec. 10. NRS 489.4971 is hereby amended to read as follows: 3
489.4971 1. [Any person who entered into an agreement for 4
the sale, purchase, lease, distribution, alteration, repair, remodeling 5
or manufacture of a manufactured home, mobile home, 6
manufactured building or commercial coach or factory-built housing 7
may file a claim against a person licensed pursuant to the provisions 8
of this chapter. Such a claim may be satisfied by the Account. 9
2.] Upon the issuance or renewal of the following licenses by 10
the Division, the licensee must pay, in addition to the original or 11
renewal license fee, a fee: 12
(a) For a dealer’s, distributor’s or manufacturer’s original 13
license, or for any original limited dealer’s license which authorizes 14
a limited dealer to act as a repossessor or liquidator, of $1,000. 15
(b) For a dealer’s, distributor’s or manufacturer’s renewal 16
license, or a renewal of any limited dealer’s license which 17
authorizes a limited dealer to act as a repossessor or liquidator, of 18
$600. 19
(c) For an original or renewal license for: 20
(1) A general serviceperson or specialty serviceperson, of 21
$150. 22
(2) A salesperson, of $75. 23
(3) A responsible managing employee, of $100. 24
Except as otherwise provided in NRS 489.265, fees collected 25
pursuant to this section must be deposited in the State Treasury for 26
credit to the Account. 27
[3. A payment from the Account to satisfy the claim of a 28
person specified in subsection 1 against a person who is licensed 29
pursuant to this chapter must be made only upon an appropriate 30
court order that is issued in an action for fraud, misrepresentation or 31
deceit relating to an act for which a license is required pursuant to 32
this chapter. 33
4. If a person specified in subsection 1 commences an action 34
specified in subsection 3 against a person who is licensed pursuant 35
to this chapter, the person specified in subsection 1 must serve a 36
copy of the complaint upon the Administrator within 30 days after 37
the action is commenced.] 38
2. Money in the Account must, within the limitations set by 39
NRS 489.4975 and 489.4983, be used to pay a claim for which: 40
(a) A court entered an order directing payment of the claim 41
from the Account pursuant to NRS 489.4979; or 42
(b) The Administrator compromised the claim pursuant to 43
NRS 489.4977. 44
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Sec. 11. NRS 489.4975 is hereby amended to read as follows: 1
489.4975 1. If a [purchaser] person who entered into an 2
agreement for the sale, purchase, lease, distribution, alteration, 3
repair, remodeling or manufacture of a manufactured home, 4
mobile home, manufactured building or commercial coach or 5
factory-built housing commences an action against a person who is 6
licensed pursuant to this chapter relating to an act or omission of 7
the licensee that is in violation of this chapter or the regulations 8
adopted pursuant thereto, the person who commenced the action 9
must serve a copy of the complaint in the action upon the 10
Administrator within 30 days after the action is commenced. 11
2. If the person who commenced the action obtains a final 12
judgment in any court of competent jurisdiction for the recovery of 13
damages against [any] the licensee , [under this chapter in an action 14
specified in subsection 3 of NRS 489.4971,] the judgment creditor 15
may, [upon] within 1 year after the termination of all proceedings, 16
including appeals in connection with any judgment, [file] make a 17
claim for payment from the Account by filing a verified petition in 18
the court in which the judgment was entered for an order directing 19
payment from the Account in the amount of actual damages 20
included in the judgment and unpaid, but not more than $25,000 per 21
judgment and the liability of the Account may not exceed $100,000 22
for any licensee. 23
[2.] 3. A copy of the petition must be served upon the 24
Administrator and an affidavit of service filed with the court. The 25
petition and each copy of the petition served pursuant to this 26
subsection must set forth the grounds which entitle the judgment 27
creditor to recover from the Account and must include a copy of: 28
(a) The final judgment specified in subsection [1;] 2; 29
(b) The complaint upon which the final judgment was entered; 30
and 31
(c) If assets are known to exist, the writ of execution that was 32
returned unsatisfied. 33
[3.] 4. The court shall act upon the petition within 30 days 34
after service and, upon the hearing of the petition, the judgment 35
creditor must show that: 36
(a) The judgment creditor is not the spouse of the judgment 37
debtor, or the personal representative of that spouse. 38
(b) The judgment creditor has complied with all the 39
requirements of NRS 489.4971 to 489.4989, inclusive. 40
(c) The judgment creditor has obtained a judgment of the kind 41
described in subsection [1,] 2, stating the amount of the judgment 42
and the amount owing on it at the date of the petition. 43
(d) A writ of execution has been issued upon the judgment and 44
that no assets of the judgment debtor liable to be levied upon in 45
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satisfaction of the judgment could be found, or that the amount 1
realized on the sale of any of them that were found under the 2
execution was insufficient to satisfy the judgment, stating the 3
amount so realized and the balance remaining due. 4
(e) The judgment creditor and the Division have made 5
reasonable searches and inquiries to ascertain whether the judgment 6
debtor possesses real or personal property or other assets, liable to 7
be sold or applied in satisfaction of the judgment. 8
(f) The petition has been filed not more than 1 year after the 9
termination of all proceedings, including reviews and appeals, in 10
connection with the judgment. 11
[4.] 5. A person licensed pursuant to this chapter shall not 12
recover from the Account for damages related to a transaction in 13
which the person acted in his or her capacity as a licensee. 14
Sec. 12. NRS 489.501 is hereby amended to read as follows: 15
489.501 1. When a new manufactured home, new mobile 16
home, new manufactured building or new commercial coach or new 17
factory-built housing is sold in this State by a dealer, the dealer shall 18
complete a report of sale. The report of sale must be in a form 19
prescribed by the Division. 20
2. The dealer shall require the buyer to sign an 21
acknowledgment of taxes, on a form prescribed by the Division. A 22
dealer who sells a new manufactured home, new mobile home, new 23
manufactured building or new commercial coach or new factory-24
built housing shall deliver the buyer’s copy of the acknowledgment 25
of taxes to the buyer at the time of sale and submit another copy 26
within 30 days after the date of the sale to the county assessor of the 27
county in which the manufactured home, mobile home, 28
manufactured building, commercial coach or factory-built housing 29
will be located. 30
3. The dealer shall submit the completed report of sale and 31
contract for sale prescribed by NRS 489.7152 and the 32
manufacturer’s certificate or statement of origin to the Division 33
within 30 days after the execution of all instruments which the 34
contract of sale required to be executed at the time of sale or within 35
30 days after the date of sale, whichever is later, unless an extension 36
of time is granted by the Division. 37
4. A dealer who sells a new manufactured home, new mobile 38
home, new manufactured building or new commercial coach or new 39
factory-built housing shall deliver a copy of the report of sale to the 40
buyer at the time of sale and submit another copy within 30 days 41
after the date of the sale to the county assessor of the county in 42
which the manufactured home, mobile home, manufactured 43
building, commercial coach or factory-built housing will be located. 44
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Sec. 13. NRS 489.511 is hereby amended to read as follows: 1
489.511 1. If a used or rebuilt manufactured home, mobile 2
home, manufactured building or commercial coach or used or 3
rebuilt factory-built housing is sold in this State by a dealer, the 4
dealer shall complete a dealer’s report of sale. The report must be in 5
a form prescribed by the Division. 6
2. The dealer shall submit the completed dealer’s report of sale 7
and contract for sale prescribed by NRS 489.7152 to the Division 8
within 45 days after the execution of all instruments which the 9
contract of sale requires to be executed at the time of the sale, unless 10
an extension of time is granted by the Division, together with the 11
endorsed certificate of title previously issued. The dealer shall 12
furnish one copy of the report of sale to the buyer at the time of the 13
sale. Within 45 days after the sale, the dealer shall furnish one copy 14
of the report of sale to the assessor of the county in which the 15
manufactured home, mobile home, manufactured building, 16
commercial coach or factory-built housing will be located. 17
3. The dealer shall require the buyer to sign an 18
acknowledgment of taxes, on a form prescribed by the Division. The 19
dealer shall deliver the buyer’s copy of the acknowledgment to the 20
buyer at the time of sale and submit another copy to the county 21
assessor of the county in which the manufactured home, mobile 22
home, manufactured building, commercial coach or factory-built 23
housing is to be located. 24
4. If a used or rebuilt manufactured home, mobile home, 25
manufactured building or commercial coach or used or rebuilt 26
factory-built housing is sold by a dealer pursuant to an installment 27
contract or other agreement by which the certificate of title does not 28
pass immediately from the seller to the buyer upon the sale, the 29
dealer shall submit to the Division any information required by the 30
regulations adopted by the Administrator pursuant to NRS 489.272. 31
Sec. 14. NRS 489.531 is hereby amended to read as follows: 32
489.531 The Division shall not issue a certificate of title of a 33
used manufactured home , [or] used mobile home , used 34
manufactured building or used commercial coach unless the 35
county assessor of the county in which the manufactured home , [or] 36
mobile home , manufactured building or commercial coach was 37
situated at the time of sale has provided to the Division, on a form 38
prescribed by the Division, verification that all personal property 39
taxes on that manufactured home , [or] mobile home , 40
manufactured building or commercial coach for the fiscal year 41
have been paid. 42
Sec. 15. NRS 489.561 is hereby amended to read as follows: 43
489.561 Whenever an application is made to the Division for 44
title of a manufactured home, mobile home , manufactured 45
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building or commercial coach previously titled and the applicant is 1
unable to present the certificate of title previously issued because it 2
is lost or being unlawfully detained by one in possession or is not 3
otherwise available, the Division may receive the application and 4
examine the circumstances of the case and require the filing of 5
affidavits or other information. When the Division is satisfied that 6
the applicant is entitled to a certificate of title, or pursuant to NRS 7
489.562, it may issue the certificate on the manufactured home, 8
mobile home , manufactured building or commercial coach. 9
Sec. 16. NRS 489.564 is hereby amended to read as follows: 10
489.564 1. The owner or joint owners of a manufactured 11
home, mobile home , manufactured building or commercial coach 12
may request the Division to issue a certificate of title in beneficiary 13
form for the manufactured home, mobile home , manufactured 14
building or commercial coach, as applicable, which includes a 15
directive to the Division to transfer the certificate of title upon the 16
death of the owner or upon the death of all joint owners to a 17
beneficiary named on the face of the certificate of title. 18
2. A request made pursuant to subsection 1 must be submitted 19
on an application made available by the Division and must: 20
(a) Contain a notarized signature of the owner or each joint 21
owner; and 22
(b) Be accompanied by the fee for the issuance of a certificate of 23
title. 24
3. A certificate of title in beneficiary form may not be issued to 25
a person who holds an interest in a manufactured home, mobile 26
home , manufactured building or commercial coach as a tenant in 27
common with another person. 28
4. A certificate of title in beneficiary form must include after 29
the name of the owner or after the names of joint owners the words 30
“transfer on death to” or the abbreviation “TOD” followed by the 31
name of the beneficiary. 32
5. During the lifetime of a sole owner or before the death of the 33
last surviving joint owner: 34
(a) The signature or consent of the beneficiary is not required for 35
any transaction relating to a manufactured home, mobile home , 36
manufactured building or commercial coach for which a certificate 37
of title in beneficiary form has been issued; and 38
(b) The certificate of title in beneficiary form may be revoked or 39
the beneficiary changed at any time by: 40
(1) Sale of the manufactured home, mobile home , 41
manufactured building or commercial coach with proper 42
assignment and delivery of the certificate of title to another person; 43
or 44
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(2) Filing an application with, and paying a fee to, the 1
Division to reissue the certificate of title with no designation of a 2
beneficiary or with the designation of a different beneficiary. 3
6. The interest of the beneficiary in a manufactured home, 4
mobile home , manufactured building or commercial coach on the 5
death of the sole owner or on the death of the last surviving joint 6
owner is subject to any contract of sale, assignment or ownership or 7
security interest to which the owner or owners of the manufactured 8
home, mobile home , manufactured building or commercial coach 9
were subject during their lifetime. 10
7. Except as otherwise provided in paragraph (b) of subsection 11
5, the designation of a beneficiary in a certificate of title in 12
beneficiary form may not be changed or revoked by will, any other 13
instrument or a change in circumstances, or otherwise changed or 14
revoked. 15
8. The Division shall, upon: 16
(a) Proof of death of one of the owners, of two or more joint 17
owners or of a sole owner; and 18
(b) Payment of the fee for a certificate of title, 19
issue a new certificate of title for the manufactured home, mobile 20
home , manufactured building or commercial coach to the 21
surviving owner or owners or, if none, to the beneficiary, subject to 22
any security interest. 23
9. For the purposes of complying with the provisions of 24
subsection 8, the Division may rely on a death certificate, record or 25
report that constitutes prima facie evidence of death. 26
10. The transfer on death of a manufactured home, mobile 27
home , manufactured building or commercial coach pursuant to 28
this section is not considered as testamentary and is not subject to 29
administration pursuant to the provisions of title 12 of NRS. 30
11. As used in this section: 31
(a) “Beneficiary” means a person or persons designated to 32
become the owner or owners of a manufactured home, mobile home 33
, manufactured building or commercial coach on the death of the 34
preceding owner or owners. 35
(b) “Certificate of title in beneficiary form” means a certificate 36
of title of a manufactured home, mobile home , manufactured 37
building or commercial coach that indicates the present owner or 38
owners of the manufactured home, mobile home , manufactured 39
building or commercial coach and designates a beneficiary. 40
Sec. 17. NRS 489.571 is hereby amended to read as follows: 41
489.571 1. Whenever a security interest is created in a 42
manufactured home, mobile home , manufactured building or 43
commercial coach, the certificate of title must be delivered to the 44
Division with a statement signed by the debtor showing the date of 45
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the security agreement, the names and addresses of the debtor and 1
the secured party. 2
2. The Division shall issue to the secured party a certificate of 3
title with the name and address of the secured party and the name 4
and address of the registered owner noted on it. If the security 5
interest is subsequently acquired by another person, or if there is a 6
change in the name or address of the secured party, the secured 7
party shall apply to the Division for a corrected certificate of title. 8
3. When the contract or terms of the security agreement have 9
been fully performed, the seller or other secured party who holds the 10
certificate of title shall deliver the certificate to the person legally 11
entitled to it with proper evidence of the termination or release of 12
the security interest. 13
Sec. 18. NRS 489.581 is hereby amended to read as follows: 14
489.581 Compliance with the provisions of this chapter 15
relating to a security interest in a manufactured home, mobile home 16
, manufactured building or commercial coach is sufficient for the 17
perfection and release of that security interest. In all other respects 18
the rights and duties of the debtor and secured party are governed by 19
the Uniform Commercial Code—Secured Transactions and chapter 20
97 of NRS to the extent applicable. 21
Sec. 19. NRS 489.591 is hereby amended to read as follows: 22
489.591 The Division shall adopt regulations concerning the 23
issuance of: 24
1. Certificates of installation issued by the Division which 25
certify that the manufactured home, mobile home , manufactured 26
building or commercial coach was installed in compliance with 27
regulations adopted by the Division. 28
2. Labels of installation issued by the Division which must be 29
attached to a manufactured home, mobile home , manufactured 30
building or commercial coach after the certificate of installation has 31
been issued and removed when the manufactured home, mobile 32
home , manufactured building or commercial coach is moved from 33
the location it occupied when the certificate was issued. 34
Sec. 20. NRS 489.593 is hereby amended to read as follows: 35
489.593 Each certificate of installation issued by the Division 36
for a manufactured home , [or] mobile home , manufactured 37
building or commercial coach must include the following 38
information: 39
1. The name of the Administrator; 40
2. The address and telephone number of each office of the 41
Division; 42
3. The legal rights of owners of manufactured homes , [and] 43
mobile homes [;] , manufactured buildings and commercial 44
coaches; 45
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4. The procedure for filing a complaint with the Administrator; 1
5. The procedure for resolution of disputes between owners of 2
manufactured homes , [or] mobile homes , manufactured buildings 3
or commercial coaches and persons licensed by the Division; and 4
6. Any other information prescribed by the Administrator. 5
Sec. 21. NRS 489.595 is hereby amended to read as follows: 6
489.595 A dealer shall provide a copy of the certificate of 7
installation described in NRS 489.593 to each purchaser of a new 8
manufactured home [.] , new mobile home, new manufactured 9
building or new commercial coach. The Division shall make 10
available sample copies of certificates of installation to all licensed 11
dealers for distribution to prospective purchasers. 12
Sec. 22. NRS 489.596 is hereby amended to read as follows: 13
489.596 1. The Division, in cooperation with manufacturers 14
and organizations concerned with manufactured homes , [and] 15
mobile homes, manufactured buildings and commercial coaches, 16
shall conduct one or more training programs each year regarding 17
appropriate methods and techniques for conducting any inspections 18
necessary for the issuance of certificates of installation and labels of 19
installation for manufactured homes , [and] mobile homes [.] 20
manufactured buildings and commercial coaches. 21
2. The Division shall pay for the expenses of conducting the 22
programs from money in the Account. 23
Sec. 23. NRS 489.5965 is hereby amended to read as follows: 24
489.5965 No person may issue a certificate of installation or 25
label of installation for a manufactured home , [or] mobile home , 26
manufactured building or commercial coach unless the person has 27
successfully completed, within the preceding 12 months, a training 28
program conducted pursuant to NRS 489.596. 29
Sec. 24. NRS 489.611 is hereby amended to read as follows: 30
489.611 1. Except as otherwise provided in subsection 2, no 31
manufactured home, mobile home , manufactured building or 32
commercial coach may be moved upon the highways or roads of this 33
state through use of any valid license plate unless a proper trip 34
permit is obtained and displayed. 35
2. NRS 489.621 to 489.661, inclusive, do not apply to 36
manufactured homes, mobile homes , manufactured buildings or 37
commercial coaches moved: 38
(a) Through this state from and to points outside Nevada. 39
(b) Into this state with a valid license plate or permit from 40
another state. 41
(c) With any valid license plate when movement is from: 42
(1) The place of manufacture of the manufactured home, 43
mobile home , manufactured building or commercial coach to the 44
place of business of a dealer licensed under this chapter; 45
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(2) One dealer lot to another; or 1
(3) A dealer lot to the place of delivery to that dealer’s buyer. 2
Sec. 25. NRS 489.621 is hereby amended to read as follows: 3
489.621 1. Except as otherwise provided in NRS 489.611, 4
any person who moves a manufactured home, mobile home , 5
manufactured building or commercial coach upon any highway or 6
road in this state shall, before that movement, apply to the county 7
assessor for a trip permit. The assessor of the county from which the 8
manufactured home, mobile home , manufactured building or 9
commercial coach is to be moved shall issue a trip permit for each 10
section of the manufactured home, mobile home , manufactured 11
building or commercial coach upon application presented in the 12
form prescribed by the Division, payment of a fee of $5 for each 13
permit, and proof satisfactory to the assessor of ownership and that 14
all property taxes, for the full year in which the permit is to be used, 15
and use taxes if applicable, levied against the manufactured home, 16
mobile home , manufactured building or commercial coach and its 17
contents have been paid. 18
2. The trip permit authorizes movement over the highways and 19
roads for not more than 5 consecutive working days following the 20
date of issuance and the application and permit respectively must be 21
used in lieu only of any certificate of registration and vehicle license 22
number plate required by law. 23
Sec. 26. NRS 489.631 is hereby amended to read as follows: 24
489.631 1. The application for a trip permit must contain any 25
information required by the Division, and the name of the owner of 26
the manufactured home, mobile home , manufactured building or 27
commercial coach, the make, model and serial number of the 28
manufactured home, mobile home , manufactured building or 29
commercial coach, the location of the place from which it was 30
moved, the address of the place to which it is to be moved, the 31
amount of all property taxes paid for the manufactured home, 32
mobile home , manufactured building or commercial coach for the 33
year in which the permit will be used, the expiration date of 34
the permit and the signature of the county assessor or designee of 35
the county assessor. 36
2. The county assessor shall, within 10 days after issuing the 37
trip permit, forward a copy of the application: 38
(a) To the Division; and 39
(b) To the assessor of the county where the manufactured home, 40
mobile home , manufactured building or commercial coach will be 41
located, unless the manufactured home, mobile home , 42
manufactured building or commercial coach is to leave this state. 43
3. The county assessor shall also provide a copy of the 44
application: 45
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(a) For use by the operator of the vehicle moving the 1
manufactured home, mobile home , manufactured building or 2
commercial coach and the operator shall keep a copy of the 3
application in his or her possession at all times during the 4
movement. 5
(b) To the owner of the manufactured home, mobile home , 6
manufactured building or commercial coach. 7
Sec. 27. NRS 489.641 is hereby amended to read as follows: 8
489.641 1. The Division shall determine the size, shape and 9
form of the trip permit which may be part of a single form also 10
containing the application for the permit. Each permit must bear the 11
month and day of expiration in numerals of sufficient size to be 12
plainly readable from a reasonable distance during daylight. 13
2. The trip permit must be prominently displayed on the rear of 14
each section of the manufactured home, mobile home , 15
manufactured building or commercial coach in the manner 16
prescribed by the Division at all times during which the 17
manufactured home, mobile home , manufactured building or 18
commercial coach is moved upon any highway or road. The permit 19
must be made and displayed in a manner that renders the permit 20
unusable when removed from the manufactured home, mobile home 21
, manufactured building or commercial coach. 22
Sec. 28. NRS 489.661 is hereby amended to read as follows: 23
489.661 1. Any person who moves a manufactured home, 24
mobile home , manufactured building or commercial coach in 25
violation of the provisions of NRS 489.611 to 489.651, inclusive, is 26
guilty of a misdemeanor. 27
2. If a manufactured home, mobile home , manufactured 28
building or commercial coach is moved upon any highway or road 29
in the State in violation of any of the provisions of NRS 489.611 to 30
489.651, inclusive, the Division, any member of the Nevada 31
Highway Patrol or any peace officer in the State shall seize and hold 32
the manufactured home, mobile home , manufactured building or 33
commercial coach until presented with a copy of the application and 34
trip permit required by NRS 489.621 to 489.661, inclusive. 35
Sec. 29. NRS 489.711 is hereby amended to read as follows: 36
489.711 Notwithstanding the provisions of chapters 361 and 37
482 of NRS or any other law, no dealer may be required to pay any 38
property tax, either as tax on inventory or on individual 39
manufactured homes, mobile homes , manufactured buildings or 40
commercial coaches [,] or factory-built housing, on any 41
manufactured home, mobile home , manufactured building or 42
commercial coach or factory-built housing of which the dealer 43
takes possession and holds for sale in the ordinary course of 44
business. 45
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Sec. 30. NRS 489.715 is hereby amended to read as follows: 1
489.715 1. Full disclosure of all terms and conditions of an 2
offer to sell, buy or lease a used or rebuilt manufactured home, used 3
or rebuilt mobile home , used or rebuilt manufactured building or 4
used or rebuilt commercial coach or used or rebuilt factory-built 5
housing must be set forth in writing and signed by the seller, buyer 6
and dealer. 7
2. Any offer to purchase or lease a used or rebuilt 8
manufactured home, used or rebuilt mobile home , used or rebuilt 9
manufactured building or used or rebuilt commercial coach or 10
used or rebuilt factory-built housing must be submitted within 5 11
days after the offer is made to the owner or the authorized agent of 12
the owner for approval or disapproval. The offer must be in writing 13
and signed and dated by the person making the offer and by the 14
dealer. 15
3. As used in this section, “authorized agent” does not include 16
a dealer or an employee or agent of the dealer. 17
Sec. 31. NRS 489.7152 is hereby amended to read as follows: 18
489.7152 The Administrator shall prescribe the form of the 19
contracts that must be used by a dealer for the sale and listing for 20
sale of a manufactured home, mobile home , manufactured 21
building or commercial coach [.] or factory-built housing. A dealer 22
who fails to use the forms prescribed by the Administrator pursuant 23
to this section is subject to disciplinary action pursuant to 24
NRS 489.381. 25
Sec. 32. NRS 489.7235 is hereby amended to read as follows: 26
489.7235 1. The Division may investigate and audit any 27
financial account, including, without limitation, any trust account, 28
related to the business of a dealer or distributor if [: 29
(a) The] the Division [has reasonable cause to believe that the 30
dealer or distributor is using or has used the account to carry on the 31
business of the dealer or distributor; and 32
(b) The Division: 33
(1)] : 34
(a) Has reasonable cause to believe [or has received a credible 35
complaint] that the dealer or distributor [is insolvent or is in a 36
financial condition, or has engaged in a financial practice, which 37
creates a substantial risk of insolvency; or 38
(2)] has violated a provision of this chapter or the 39
regulations adopted pursuant thereto; or 40
(b) Determines that the investigation and audit are reasonably 41
necessary to assist the Division in administering or enforcing any 42
provision of law. 43
2. The Administrator shall adopt regulations to carry out the 44
provisions of this section, including, without limitation, prescribing 45
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the scope of an investigation or audit conducted pursuant to this 1
section. 2
[3. As used in this section, “insolvency” or “insolvent” means a 3
condition under which a dealer or distributor is unable to meet the 4
liabilities of his or her business as they become due in the regular 5
course of business and which creates a substantial risk of harm to 6
the public or a consumer.] 7
Sec. 33. NRS 489.727 is hereby amended to read as follows: 8
489.727 A dealer shall not commingle the money or other 9
property of a seller or purchaser of a manufactured home , [or a] 10
mobile home , manufactured building or commercial coach or 11
factory-built housing with his or her own. 12
Sec. 34. NRS 489.801 is hereby amended to read as follows: 13
489.801 1. It is unlawful for any person to manufacture any 14
manufactured home, mobile home, travel trailer [or] , manufactured 15
building, commercial coach or factory-built housing unless the 16
manufactured home, mobile home, travel trailer [or] , manufactured 17
building, commercial coach or factory-built housing and its 18
components and systems are constructed and assembled according 19
to the standards prescribed pursuant to the provisions of this chapter. 20
2. It is unlawful for any person knowingly to sell or offer for 21
sale any manufactured home which has been constructed on or after 22
June 15, 1976, unless the manufactured home and its components 23
and systems have been constructed and assembled according to the 24
standards prescribed pursuant to the National Manufactured 25
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 26
§§ 5401 et seq.). 27
3. Any person who knowingly sells or offers to sell in this state 28
any manufactured home, mobile home or commercial coach for 29
which a certificate or label of compliance is required under this 30
chapter, which does not bear a certificate or label of compliance, is 31
liable for the penalties provided in NRS 489.811 and 489.821. 32
4. It is unlawful for any person to issue a certification which 33
states that a manufactured home conforms to all applicable federal 34
standards for safety and construction if that person, in the exercise 35
of due care, has reason to know that the certification is false or 36
misleading in any material respect. 37
5. It is unlawful for a manufacturer to fail to furnish 38
notification of defects relating to construction or safety, as required 39
by the National Manufactured Housing Construction and Safety Act 40
of 1974 (42 U.S.C. § 5414). 41
6. It is unlawful for any person to fail or refuse to permit access 42
by the Administrator to the documentary materials set forth in 43
NRS 489.231. 44
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7. It is unlawful for any person, without authorization from the 1
Division, to disclose or obtain the contents of an examination given 2
by the Division. 3
8. It is unlawful for any person to use a manufactured home or 4
mobile home as living quarters or for human occupancy, 5
respectively, if the manufactured home or mobile home violates a 6
standard of safety set forth in regulations adopted pursuant to 7
subsection 1 of NRS 489.251, concerning installation, tie down, and 8
support of manufactured homes and mobile homes. 9
Sec. 35. NRS 489.821 is hereby amended to read as follows: 10
489.821 1. A person is guilty of a gross misdemeanor who 11
knowingly: 12
(a) Makes any false entry on any certificate of origin or 13
certificate of title. 14
(b) Furnishes false information to the Division concerning any 15
security interest. 16
(c) Files with the Administrator any notice, statement or other 17
document required under the provisions of this chapter which is 18
false or contains any material misstatement of fact. 19
(d) Whether acting individually or as a director, officer or agent 20
of a corporation, violates a provision of the National Manufactured 21
Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 22
§§ 5401 et seq., this chapter and chapter 461 of NRS, and any 23
regulations adopted pursuant thereto, causing a condition which 24
endangers the health or safety of a purchaser of a manufactured 25
home. 26
2. A dealer is guilty of a gross misdemeanor who knowingly: 27
(a) Fails to maintain a trust account as required by 28
NRS 489.724. 29
(b) Commingles the money or other property of a seller or 30
purchaser of a manufactured home, manufactured building , [or] 31
mobile home or commercial coach or factory-built housing with his 32
or her own. 33
(c) Fails to cooperate or comply with or knowingly impedes or 34
interferes with any investigation or audit conducted by the Division 35
pursuant to NRS 489.7235. 36
(d) Acts as a dealer while insolvent or engages in any financial 37
practice which creates a substantial risk of insolvency. 38
3. Except as otherwise provided in this section, any person who 39
knowingly or willfully violates any provision of this chapter is 40
guilty of a misdemeanor. 41
4. Subsection 3 does not apply to a manufacturer of travel 42
trailers. 43
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Sec. 36. Chapter 118B of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. A tenant shall not unreasonably withhold consent for the 3
landlord peaceably to enter onto the lot of the tenant to: 4
(a) Inspect the lot; 5
(b) Make necessary or agreed upon repairs, decorating, 6
alterations or improvements; 7
(c) Supply necessary or agreed upon services; 8
(d) Exhibit the lot to prospective purchasers, mortgagees, 9
tenants, workers, contractors or other persons with a bona fide 10
interest in inspecting the lot; or 11
(e) Read a utility meter. 12
2. The landlord may enter the lot of a tenant without consent 13
of the tenant in case of emergency. 14
3. The landlord shall not abuse the right to access the lot of a 15
tenant as provided in this section or use such right to harass the 16
tenant. Except in case of emergency, the landlord shall give the 17
tenant at least 24 hours’ notice of intent to enter and may enter 18
only at reasonable times during normal business hours unless the 19
tenant expressly consents to shorter notice or to entry during 20
nonbusiness hours with respect to the particular entry. 21
4. The landlord has no other right to access the lot of a tenant 22
except: 23
(a) Pursuant to court order; or 24
(b) Where the tenant has abandoned the premises occupying 25
the lot. 26
Sec. 37. NRS 118B.080 is hereby amended to read as follows: 27
118B.080 1. The landlord shall disclose in writing to each 28
tenant the: 29
(a) Name, address , electronic mail address and telephone 30
number of the owner and manager or assistant manager of the 31
manufactured home park; and 32
(b) Name , electronic mail address and address of a person 33
authorized to receive service of process for the landlord, 34
and any change thereof. 35
2. The information must be furnished in writing to each new 36
tenant on or before the commencement of the tenancy and to each 37
existing tenant. 38
3. A landlord shall post [, or] in a conspicuous place in a 39
common area of the park and provide to each tenant [,] the office 40
hours [or] , which must be during regular business hours, and the 41
landlord’s availability at the park location. 42
4. If the manufactured home park consists of 75 or more lots, 43
the manager or assistant manager: 44
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(a) Must be available at the park location for at least 8 hours 1
each week, which must be during regular business hours; and 2
(b) Shall post the hours of availability of the manager or 3
assistant manager required pursuant to paragraph (a) in a 4
conspicuous place in a common area of the park. 5
Sec. 38. NRS 118B.120 is hereby amended to read as follows: 6
118B.120 1. The landlord or his or her agent or employee 7
may: 8
(a) [Require] Except as otherwise provided in subsection 4, 9
require that the tenant [landscape and] reasonably maintain the 10
tenant’s lot to control weeds and any grass or other vegetation if 11
the landlord [advises] has provided the tenant [in writing of 12
reasonable requirements for the landscaping.] with 30 days’ 13
advance written notice of this requirement. 14
(b) If the tenant does not comply with the provisions of 15
paragraph (a), maintain the tenant’s lot to control weeds and any 16
grass or other vegetation and charge the tenant a service fee for the 17
actual cost of that maintenance. 18
(c) Require that the manufactured home be removed from the 19
park if it is unoccupied for more than 90 consecutive days and the 20
tenant or dealer is not making good faith and diligent efforts to sell 21
it. 22
2. The landlord shall maintain, in the manner required for the 23
other tenants, any lot on which is located a manufactured home 24
within the park which has been repossessed, abandoned or held for 25
rent or taxes. The landlord is entitled to reimbursement for the cost 26
of that maintenance from the repossessor or lienholder or from the 27
proceeds of any sale for taxes, as the case may be. 28
3. Before dismantling a manufactured home that was 29
abandoned, the landlord or manager must: 30
(a) Conduct a title search with the Division to determine the 31
owner of record of the manufactured home. If the owner of record is 32
not found, the landlord or manager may use the records of the 33
county assessor for the county in which the manufactured home is 34
located to determine the owner of the manufactured home. 35
(b) Send a certified letter notifying the owner and any lienholder 36
of the intent of the landlord or manager to dismantle the 37
manufactured home. 38
(c) If the owner does not respond within 30 days after the date 39
of mailing the certified letter, submit to the Division an affidavit of 40
dismantling. 41
4. The landlord shall trim all the trees located within the park 42
and dispose of the trimmings from those trees absent a written 43
voluntary assumption of that duty by the tenant for trees on the 44
tenant’s lot. 45
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5. For the purposes of this section, a manufactured home shall 1
be deemed to be abandoned if: 2
(a) It is located on a lot in a manufactured home park, other than 3
a cooperative park, for which no rent has been paid for at least 60 4
days; 5
(b) It is unoccupied; and 6
(c) The manager of the manufactured home park reasonably 7
believes it to be abandoned. 8
Sec. 39. NRS 118B.210 is hereby amended to read as follows: 9
118B.210 1. The landlord shall not terminate a tenancy, 10
refuse to renew a tenancy, increase rent or decrease services the 11
landlord normally supplies, or bring or threaten to bring an action 12
for possession of a manufactured home lot as retaliation upon the 13
tenant because: 14
(a) The tenant has complained in good faith about a violation of 15
a building, safety or health code or regulation pertaining to a 16
manufactured home park to the governmental agency responsible 17
for enforcing the code or regulation. 18
(b) The tenant has complained to the landlord concerning the 19
maintenance, condition or operation of the park or a violation of any 20
provision of NRS 118B.040 to 118B.220, inclusive, and section 36 21
of this act, or 118B.240. 22
(c) The tenant has organized or become a member of a tenants’ 23
league or similar organization. 24
(d) The tenant has requested the reduction in rent required by: 25
(1) NRS 118.165 as a result of a reduction in property taxes. 26
(2) NRS 118B.153 when a service, utility or amenity is 27
decreased or eliminated by the landlord. 28
(e) The tenant provides the proof required by subsection 3 of 29
NRS 118B.200. 30
(f) A citation has been issued to the landlord as the result of a 31
complaint of the tenant. 32
(g) In a judicial proceeding or arbitration between the landlord 33
and the tenant, an issue has been determined adversely to the 34
landlord. 35
2. A landlord, manager or assistant manager of a manufactured 36
home park shall not willfully harass a tenant. 37
3. A tenant shall not willfully harass a landlord, manager or 38
assistant manager of a manufactured home park or an employee or 39
agent of the landlord. 40
4. As used in this section, “harass” means to threaten or 41
intimidate, through words or conduct, with the intent to affect the 42
terms or conditions of a tenancy or a person’s exercise of his or her 43
rights pursuant to this chapter. 44
– 25 –
- *AB38*
Sec. 40. Chapter 461A of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
When a mobile home park is sold or otherwise transferred, the 3
seller or transferor of the mobile home park shall complete and 4
submit a report of transfer to the Division within 10 business days 5
after the sale or transfer. The report of transfer must be in a form 6
prescribed by the Division. 7
Sec. 41. 1. This section becomes effective upon passage and 8
approval. 9
2. Sections 1 to 40, inclusive, of this act become effective: 10
(a) Upon passage and approval for the purpose of adopting 11
regulations and performing any other preparatory administrative 12
tasks that are necessary to carry out the provisions of this act; and 13
(b) On July 1, 2025, for all other purposes. 14
H