(Reprinted with amendments adopted on April 14, 2025) FIRST REPRINT A.B. 480 - *AB480_R1* ASSEMBLY BILL NO. 480–ASSEMBLYMEMBERS YEAGER, MONROE- MORENO, JAUREGUI, CONSIDINE; BROWN-MAY, DALIA, GONZÁLEZ, LA RUE HATCH, MARZOLA, MILLER, MOORE, NADEEM, ORENTLICHER AND ROTH MARCH 19, 2025 ____________ JOINT SPONSORS: SENATORS CANNIZZARO, DONDERO LOOP AND NGUYEN ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to discrimination in housing. (BDR 10-1101) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to housing; revising provisions relating to discrimination in housing; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing federal law prohibits certain discriminatory practices relating to 1 housing based on race, color, religion, sex, handicap, familial status or national 2 origin. (42 U.S.C. §§ 3601 et seq.) Under certain circumstances, existing federal 3 regulations provide that housing discrimination may be established based on the 4 discriminatory effect of a practice, even if the practice was not motivated by a 5 discriminatory intent. (24 C.F.R. § 100.500) This is commonly known as the 6 “disparate impact standard.” 7 The Nevada Fair Housing Law: (1) prohibits discrimination in housing on the 8 basis of race, religious creed, color, national origin, disability, sexual orientation, 9 gender identity or expression, ancestry, familial status or sex; and (2) provides a 10 process and remedies to enforce the Nevada Fair Housing Law if a person engages 11 in such discrimination, including the authority to file a complaint with the Nevada 12 Equal Rights Commission and to commence an action in any district court to obtain 13 an injunction and civil damages. (NRS 118.010-118.120) This bill adopts the 14 disparate impact standard for purposes of the Nevada Fair Housing Law. 15 Section 1 of this bill provides that liability may be established for a 16 discriminatory housing practice if: (1) the practice was motivated by a 17 discriminatory intent; or (2) with certain exceptions, the practice was not motivated 18 – 2 – - *AB480_R1* by a discriminatory intent but the practice actually or predictably results in a 19 discriminatory effect on a group of persons or creates, increases, reinforces or 20 perpetuates segregated housing patterns because of race, religious creed, color, 21 national origin, disability, sexual orientation, gender identity or expression, 22 ancestry, familial status or sex. Section 1 further provides that there is no liability 23 for a discriminatory housing practice based on the disparate impact standard if, 24 based on evidence that is not hypothetical or speculative: (1) the practice is 25 necessary to achieve one or more substantial, legitimate and nondiscriminatory 26 interests of the respondent; and (2) the interests of the respondent could not be 27 served by another practice that has a less discriminatory effect. Section 1 also 28 provides that the complainant must establish that a challenged practice caused or 29 predictably will cause a discriminatory effect. If the claimant meets such burden of 30 proof, the respondent has the burden of proving that the challenged practice is 31 necessary to achieve one or more substantial, legitimate and nondiscriminatory 32 interests of the respondent. If the respondent meets his or her burden of proof, the 33 complainant may still prevail upon proving that the substantial, legitimate and 34 nondiscriminatory interests supporting the challenged practice could be served by 35 another practice that has a less discriminatory effect. 36 Section 2 of this bill makes a conforming change to include section 1 in the 37 Nevada Fair Housing Law. 38 Section 3 of this bill applies the definitions in existing law relating to 39 discrimination in housing to the provisions of section 1. 40 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. Except as otherwise provided in this section, liability may 3 be established for a discriminatory housing practice if: 4 (a) The practice was motivated by a discriminatory intent; or 5 (b) Except as otherwise provided in this section, the practice 6 was not motivated by a discriminatory intent but the practice 7 actually or predictably results in a discriminatory effect on a 8 group of persons or creates, increases, reinforces or perpetuates 9 segregated housing patterns because of race, religious creed, 10 color, national origin, disability, sexual orientation, gender 11 identity or expression, ancestry, familial status or sex. 12 2. There is no liability for a discriminatory housing practice 13 pursuant to paragraph (b) of subsection 1 if, based on evidence 14 that is not hypothetical or speculative: 15 (a) The practice is necessary to achieve one or more 16 substantial, legitimate and nondiscriminatory interests of the 17 respondent; and 18 (b) The interests of the respondent described in paragraph (a) 19 could not be served by another practice that has a less 20 discriminatory effect. 21 – 3 – - *AB480_R1* 3. For purposes of paragraph (b) of subsection 1, the 1 complainant must establish that a challenged practice caused or 2 predictably will cause a discriminatory effect. If the complainant 3 meets such burden of proof, the respondent has the burden of 4 proving that the challenged practice is necessary to achieve one or 5 more substantial, legitimate and nondiscriminatory interests of the 6 respondent. If the respondent meets his or her burden of proof, the 7 complainant may still prevail upon proving that the substantial, 8 legitimate and nondiscriminatory interests supporting the 9 challenged practice could be served by another practice that has a 10 less discriminatory effect. 11 4. As used in this section: 12 (a) “Complainant” means a person by whom, or on whose 13 behalf: 14 (1) A complaint is filed with the Commission pursuant to 15 NRS 118.110; or 16 (2) An action is commenced pursuant to NRS 118.120. 17 (b) “Respondent” means a person against whom: 18 (1) A complaint is filed with the Commission pursuant to 19 NRS 118.110; or 20 (2) An action is commenced pursuant to NRS 118.120. 21 Sec. 2. NRS 118.010 is hereby amended to read as follows: 22 118.010 The provisions of NRS 118.010 to 118.120, inclusive, 23 and section 1 of this act may be cited as the Nevada Fair Housing 24 Law. 25 Sec. 3. NRS 118.030 is hereby amended to read as follows: 26 118.030 As used in NRS 118.010 to 118.120, inclusive, and 27 section 1 of this act, unless the context otherwise requires, the 28 words and terms defined in NRS 118.040 to 118.093, inclusive, 29 have the meanings ascribed to them in those sections. 30 Sec. 4. This act becomes effective upon passage and approval. 31 H