S.B. 107
- *SB107*
SENATE BILL NO. 107–SENATOR NEAL
PREFILED JANUARY 21, 2025
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to housing. (BDR 18-83)
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 various provisions relating to
discrimination in housing; providing civil penalties and
other remedies for certain violations; authorizing the
Nevada Equal Rights Commission within the Department
of Employment, Training and Rehabilitation to enter into
certain agreements with the United States Department of
Housing and Urban Development for the Commission to
investigate and enforce laws relating to fair housing as a
certified agency under federal law; providing that certain
conduct relating to an applicant or tenant’s arrest record
constitutes an unlawful discriminatory practice in
housing; providing that certain requirements relating to
guarantors constitutes an unlawful discriminatory practice
in housing; requiring a landlord to provide to a tenant a
statement relating to utility service in certain
circumstances; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law creates the Nevada Equal Rights Commission within the 1
Department of Employment, Training and Rehabilitation. (NRS 232.910, 233.030) 2
The Commission is authorized to investigate and conduct hearings concerning acts 3
of prejudice with regard to housing, employment and public accommodations. 4
(NRS 233.150) Existing law sets forth the Nevada Fair Housing Law to prohibit 5
discrimination in housing. (NRS 118.010-118.120) In addition, the federal Fair 6
Housing Act of 1968, as amended, prohibits discrimination in the sale, rental and 7
financing of dwellings and in other housing-related transactions. (42 U.S.C. §§ 8
3601 et seq.) 9
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Sections 15, 18 and 19 of this bill revise references to the types of 10
discrimination from which persons are protected in Nevada to conform to federal 11
law. 12
Section 19 authorizes the Commission to initiate a complaint alleging an 13
unlawful discriminatory practice in housing. Section 21 of this bill requires the 14
Commission to investigate each complaint which alleges an unlawful 15
discriminatory practice in housing and to attempt to resolve the issues raised in the 16
complaint through informal negotiations with the parties. Section 22 of this bill 17
requires the Commission to serve upon a complainant certain information. 18
Section 12 of this bill establishes new procedures and requirements with 19
respect to investigations and administrative hearings concerning such complaints. 20
Following the Commission’s investigation of a complaint, if the Administrator of 21
the Commission determines that probable cause exists to believe that an unlawful 22
discriminatory practice in housing has occurred or is about to occur, section 12 23
requires the Attorney General to: (1) prepare a notice of hearing and serve the 24
notice upon the parties; and (2) unless a party elects to have the matter determined 25
by a court, prepare and prosecute the complaint in a public hearing before the 26
Commission. If the Commission, based on a preponderance of the evidence, 27
determines that an unlawful discriminatory practice in housing has occurred, 28
section 12 authorizes the Commission to issue an order to cease and desist, order 29
appropriate injunctive or other equitable relief, award actual damages, impose civil 30
penalties and award costs and attorney’s fees. Section 26 of this bill makes a 31
conforming change to eliminate a requirement for the Commission to hold an 32
informal meeting of the parties. 33
Section 13 of this bill provides for the determination of a complaint by a court 34
instead of the Commission. Section 14 of this bill establishes procedures for the 35
judicial review of a final decision of the Commission. 36
Sections 2-11 and 16 of this bill move definitions in existing law relating to the 37
Commission and define various terms relating to the complaint process. Sections 38
22-24, 26 and 27 of this bill make conforming changes to existing law to 39
incorporate those terms. Section 25 of this bill makes a conforming change to refer 40
to a provision that has been renumbered in section 24. 41
Existing law prohibits the Commission from entering into certain agreements 42
with the United States Department of Housing and Urban Development for the 43
Commission to investigate and enforce laws relating to fair housing as a certified 44
agency under federal law unless the Legislature expressly authorizes the 45
Commission to do so. (NRS 233.153) Section 20 of this bill authorizes the 46
Commission to enter into such an agreement without legislative approval. 47
Section 28 of this bill provides that the provisions of existing law relating to 48
the judicial review of decisions of the Commission concerning unlawful 49
discriminatory practice in housing prevail over the provisions of the Nevada 50
Administrative Procedure Act. (Chapter 233 of NRS) 51
Section 32 of this bill prohibits, with certain exceptions, a person seeking to 52
rent or lease a dwelling, or renting or leasing a dwelling, from: (1) refusing to rent 53
or lease, or refusing to negotiate to rent or lease, a dwelling to an applicant on the 54
basis of the applicant’s arrest record; (2) making, printing or publishing any notice, 55
statement or advertisement relating to the rental or lease which indicates a 56
preference based on the arrest record of an applicant; and (3) evicting a tenant from 57
a dwelling on the basis of his or her arrest record. Section 32 also requires a person 58
who makes a dwelling available for rent or lease to provide each applicant with 59
information on how to file an appeal of a denial to rent or lease or file a complaint 60
with the Commission. Section 32 limits the applicability of these provisions to any 61
dwelling unit that is owned by a natural person and contains five or more dwelling 62
units. For purposes of section 32, a “dwelling” is defined, with certain exceptions, 63
as: (1) public housing; (2) any housing that is rented or leased to a tenant pursuant 64
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to a contract with a housing authority; or (3) any housing which accepts vouchers 65
for rental payment. A “dwelling” does not include: (1) a manufactured home; or (2) 66
a single-family house owned by a natural person or any other housing that is owned 67
by a natural person and has four or fewer dwelling units. 68
Section 33 of this bill prohibits a person seeking to rent or lease a dwelling, or 69
renting or leasing a dwelling from: (1) requiring a guarantor on a contract to rent or 70
lease a dwelling to provide proof of income in an amount greater than two times the 71
monthly rent or lease; (2) refusing to rent or lease or refusing to negotiate to rent or 72
lease a dwelling to an applicant because a guarantor has not provided proof of 73
income in an amount greater than two times the monthly rent or lease; or (3) 74
making, printing or publishing any notice, statement or advertisement relating to 75
the rental or lease of a dwelling which indicates a requirement for a guarantor to 76
provide proof of income in an amount greater than two times the monthly rent. 77
Sections 34-45 of this bill amend the Nevada Fair Housing Law to conform to 78
federal law. Section 36 revises the definition of “disability” to exclude any current 79
illegal use of or addiction to a controlled substance. Sections 37 and 38 revise the 80
definitions of “dwelling” and “person,” respectively. Sections 30 and 31 of this bill 81
define the terms “aggrieved person” and “unlawful discriminatory practice in 82
housing,” respectively. 83
Section 39 revises the prohibited practices which constitute an unlawful 84
discriminatory practice in housing in Nevada. Section 39 prohibits discrimination 85
in real estate-related transactions. Section 39 also sets forth certain exceptions to 86
the application of its provisions. 87
Section 40 prohibits a person from refusing to: (1) allow a person with a 88
disability to make reasonable modifications to a dwelling which may be necessary 89
to afford the person with a disability full enjoyment of the dwelling, if the person 90
with a disability pays for the modifications; or (2) make reasonable 91
accommodations in rules, policies, practices or services which may be necessary to 92
afford a person with a disability equal opportunity to use and enjoy the dwelling. 93
Section 41 revises accessibility requirements relating to the design and 94
construction of a covered multifamily dwelling. Section 42 revises provisions 95
prohibiting a landlord from refusing to rent a dwelling to a person with a disability 96
with a service animal. 97
Sections 43-45 revise provisions governing civil actions to enforce certain 98
provisions relating to discrimination in housing. 99
The Residential Landlord and Tenant Act sets forth certain rights and 100
obligations of a landlord and tenant for certain residential tenancies in this State. 101
(Chapter 118A of NRS) Section 46 of this bill adds to the Act a provision requiring 102
a landlord to provide an itemized statement to a tenant if the tenant pays the 103
landlord for any utility service. 104
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 233 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 to 14, inclusive, of this 2
act. 3
Sec. 2. “Administrator” means the Administrator of the 4
Commission. 5
Sec. 3. “Aggrieved person” has the meaning ascribed to it in 6
section 30 of this act. 7
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Sec. 4. “Commission” means the Nevada Equal Rights 1
Commission within the Department of Employment, Training and 2
Rehabilitation. 3
Sec. 5. 1. “Complainant” means a person by whom, or on 4
whose behalf, a complaint is made which alleges an unlawful 5
discriminatory practice over which the Commission has 6
jurisdiction pursuant to this chapter. 7
2. As used in this section, “person” includes the Commission. 8
Sec. 6. “Conciliation” means the attempted resolution of 9
issues raised by a complaint, or by the investigation of a 10
complaint, through informal negotiations involving the aggrieved 11
person, the respondent and the Commission. 12
Sec. 7. “Disability” has the meaning ascribed to it in 13
NRS 118.045. 14
Sec. 8. “Familial status” has the meaning ascribed to it in 15
NRS 118.065. 16
Sec. 9. “Member” means a member of the Commission. 17
Sec. 10. “Respondent” means a natural person or other 18
person against whom a complaint is made which alleges an 19
unlawful discriminatory practice and over which the Commission 20
has jurisdiction pursuant to this chapter. 21
Sec. 11. “Unlawful discriminatory practice in housing” has 22
the meaning ascribed to it in section 31 of this act. 23
Sec. 12. 1. When a complaint is filed in which allegations, 24
if true, would support a finding of an unlawful discriminatory 25
practice in housing: 26
(a) The Commission shall, to the extent practicable throughout 27
the complaint process, engage in conciliation with respect to the 28
complaint. If an agreement is reached with regard to the matters 29
alleged in the complaint, no further action may be taken by the 30
complainant or the Commission with regard to the matters alleged 31
in the complaint. 32
(b) Each conciliation agreement between a complainant and a 33
respondent must be approved by the Commission. The 34
Commission may reject any conciliation agreement that it 35
determines is not in the public interest. A conciliation agreement 36
may provide for binding arbitration of the matters alleged in the 37
complaint and for the awarding of any appropriate relief in the 38
arbitration, including, without limitation, monetary relief. 39
(c) The Commission shall make a conciliation agreement 40
public, unless the complainant and the respondent agree that it 41
not be made public and the Commission determines that public 42
disclosure of the agreement would not further the purposes of this 43
chapter or NRS 118.010 to 118.120, inclusive, and sections 30 to 44
33, inclusive, of this act. 45
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2. The Commission shall, at the conclusion of any 1
investigation required by NRS 233.157, prepare a final 2
investigative report containing: 3
(a) The name and the date of contact with each witness; 4
(b) A summary of and the dates of correspondence and other 5
contact with the complainant and the respondent; 6
(c) A summary description of other pertinent records; 7
(d) A summary of witness statements; and 8
(e) Answers to interrogatories. 9
The Commission may amend the final investigative report if 10
additional evidence is discovered. 11
3. If, at the conclusion of an investigation required by NRS 12
233.157, the Administrator determines that there is not probable 13
cause to believe that an unlawful discriminatory practice in 14
housing has occurred or is about to occur, the Administrator shall 15
dismiss the complaint and notify the complainant and the 16
respondent. 17
4. If, at the conclusion of an investigation required by NRS 18
233.157, the Administrator determines that there is probable cause 19
to believe that an unlawful discriminatory practice in housing has 20
occurred or is about to occur, and attempts at conciliation have 21
failed: 22
(a) The Attorney General shall prepare a notice of hearing 23
that complies with the requirements of NRS 233B.121 and serve a 24
copy of the notice upon the complainant, the aggrieved person and 25
the respondent, together with a notice of the right, in lieu of the 26
hearing, to elect to have the matter determined in a civil action in 27
a court of competent jurisdiction pursuant to section 13 of this act. 28
(b) Any aggrieved person may intervene as a party in the 29
proceeding. 30
5. Unless an election is made to have the matter determined 31
in a court of competent jurisdiction pursuant to section 13 of this 32
act, the Commission shall hold a public hearing on the matter in 33
conformance with the requirements of chapter 233B of NRS, 34
except that the provisions of subsection 5 of NRS 233B.121 and 35
NRS 233B.124 do not apply to the hearing. The Attorney General 36
shall prepare and prosecute the complaint on behalf of the 37
complainant. 38
6. If, after a hearing held pursuant to subsection 5, the 39
Commission determines, based on a preponderance of the 40
evidence, that an unlawful discriminatory practice in housing has 41
occurred, the Commission shall serve a copy of its findings of fact 42
and conclusions of law upon the complainant, the aggrieved 43
persons and the respondent within 10 days after such a finding 44
and may: 45
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(a) Order the respondent to cease and desist from the unlawful 1
practice; 2
(b) Order such injunctive or equitable relief as may be 3
appropriate; 4
(c) Award actual damages to the complainant; 5
(d) Impose upon the respondent: 6
(1) Except as otherwise provided in this paragraph, a civil 7
penalty of not more than $16,000; 8
(2) If the respondent has been adjudged in a separate 9
action to have committed any violation of NRS 118.010 to 118.120, 10
inclusive, and sections 30 to 33, inclusive, of this act within the 5-11
year period immediately preceding the filing of the complaint, a 12
civil penalty of not more than $37,500; or 13
(3) If the respondent has been adjudged in one or more 14
separate actions to have committed two or more violations of NRS 15
118.010 to 118.120, inclusive, and sections 30 to 33, inclusive, of 16
this act within the 7-year period immediately preceding the filing 17
of the complaint, a civil penalty of not more than $65,000; and 18
(e) Award costs and reasonable attorney’s fees to the 19
complainant. 20
7. If, after a hearing held pursuant to subsection 5, the 21
Commission determines, based on a preponderance of the 22
evidence, that an unlawful discriminatory practice in housing has 23
not occurred, the Commission: 24
(a) Shall dismiss the matter and make the dismissal public; 25
and 26
(b) May, upon motion of the respondent, award costs and 27
reasonable attorney’s fees to the respondent, if the Commission 28
determines that the complaint, had it been filed with a court, 29
would have violated and been grounds for sanctions under Rule 30
11 of the Nevada Rules of Civil Procedure. 31
8. Any resolution of a complaint before a final order of the 32
Commission is issued following a hearing held pursuant to 33
subsection 5 must, to the extent practicable, be agreed to by the 34
aggrieved person. 35
9. If the respondent fails to comply with a final order of the 36
Commission, the Commission shall apply to the district court for 37
an order compelling compliance. If the court finds that the 38
respondent has violated the order by failing to cease and desist 39
from the unlawful practice, failing to make any payment ordered 40
or otherwise failing to comply with the order, the court shall 41
award the aggrieved person actual damages caused by the 42
noncompliance. 43
10. After the Commission has held a public hearing and 44
rendered a decision, the complainant is barred from proceeding on 45
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the same facts and legal theory before any other administrative 1
body or officer. 2
Sec. 13. 1. If, pursuant to subsection 4 of section 12 of this 3
act, the Administrator determines that there is probable cause to 4
believe that an unlawful discriminatory practice in housing has 5
occurred or is about to occur, and attempts at conciliation have 6
failed, the complainant, the aggrieved person or the respondent 7
may, in lieu of a hearing before the Commission pursuant to 8
section 12 of this act, elect to have the claims of an unlawful 9
discriminatory practice in housing that were set forth in the 10
complaint decided by a court of competent jurisdiction. 11
2. An election made pursuant to subsection 1 must be made 12
in writing and be received by the Commission not later than 20 13
days after the date on which the notice of hearing was served 14
pursuant to subsection 4 of section 12 of this act. 15
3. The Attorney General may, if requested by the complainant 16
or the aggrieved person, prepare, file and litigate a civil action on 17
behalf of the complainant or the aggrieved person. 18
4. Any aggrieved person, with respect to the issues to be 19
determined in the civil action, may intervene as a matter of right 20
in the civil action. 21
5. If the court, based on a preponderance of the evidence, 22
determines that the defendant has committed or is about to commit 23
an unlawful discriminatory practice in housing, the court may: 24
(a) If the aggrieved person has not complied with discovery 25
orders entered by the court, award actual and punitive damages to 26
the complainant or the aggrieved person, except that the court 27
may not award monetary damages to an aggrieved person who 28
does not intervene; 29
(b) Award costs and reasonable attorney’s fees to the 30
complainant or the aggrieved person; and 31
(c) Order such other relief as the court determines appropriate, 32
including, without limitation: 33
(1) Ordering a permanent or temporary injunction; 34
(2) Issuing a temporary restraining order; or 35
(3) Enjoining the defendant from engaging in the unlawful 36
practice or ordering such other affirmative action as the court 37
determines appropriate. 38
6. If the court, based on a preponderance of the evidence, 39
determines that the defendant has not committed and is not about 40
to commit an unlawful discriminatory practice in housing, the 41
court shall dismiss the action and may, upon the motion of the 42
defendant, award costs and reasonable attorney’s fees to 43
the defendant, if the court determines that the complaint was 44
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prosecuted in violation of Rule 11 of the Nevada Rules of Civil 1
Procedure. 2
7. The Commission shall notify the complainant, all 3
aggrieved persons and the respondent of the court’s decision in 4
any action filed pursuant to this section. 5
Sec. 14. 1. An order of the Commission issued pursuant to 6
section 12 of this act in a complaint alleging an unlawful 7
discriminatory practice in housing is a final decision in a 8
contested case for the purpose of judicial review. 9
2. Any person identified as a party of record in a hearing 10
before the Commission on a complaint alleging an unlawful 11
discriminatory practice in housing who is aggrieved by a final 12
decision of the Commission may request judicial review. 13
3. A petition for judicial review must: 14
(a) Name as respondents the Commission and all parties of 15
record to the hearing; 16
(b) Be instituted by filing the petition in the district court in 17
and for Carson City, in and for the county in which the aggrieved 18
party resides or in and for the county in which the hearing 19
occurred; and 20
(c) Be filed within 30 days after service of the final decision of 21
the Commission. 22
4. A cross-petition for judicial review must be filed within 10 23
days after service of a petition for judicial review. 24
5. The Commission and any party wishing to participate in 25
the judicial review must file a statement of intent to participate in 26
the petition for judicial review and serve the statement upon the 27
petitioner and each named respondent within 20 days after service 28
of the petition. 29
6. The petition for judicial review and any cross-petition for 30
judicial review must be served upon the Commission and each 31
party of record within 45 days after the filing of the petition, 32
unless, upon a showing of good cause, the district court extends 33
the time for such service. 34
7. The Commission shall, within 30 days after receipt of 35
service of the petition for judicial review or such time as allowed 36
by the court, transmit to the court the original or a certified copy 37
of the entire record of the proceeding under review, including, 38
without limitation, a transcript of the evidence resulting in the 39
final decision of the Commission. The record may be shortened by 40
stipulation of the parties to the proceeding. If the court determines 41
that a party has unreasonably refused to stipulate to limit the 42
record, the court may assess any additional costs resulting from 43
the refusal against that party. The court may require or permit 44
subsequent corrections or additions to the record. 45
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8. If, before submission to the court, an application is made 1
to the court for leave to present additional evidence, and it is 2
shown to the satisfaction of the court that the additional evidence 3
is material and that there were good reasons for failure to present 4
it in the proceeding before the Commission, the court may order 5
that the additional evidence be taken before the Commission upon 6
such conditions as the court determines appropriate. After receipt 7
of any additional evidence, the Commission: 8
(a) May modify its finding and decision; and 9
(b) Shall file the evidence and any modification, new finding 10
or decision with the court. 11
9. A petitioner or cross-petitioner who is seeking judicial 12
review shall serve and file a memorandum of points and 13
authorities within 40 days after the Commission gives written 14
notice to the parties that the record of the proceeding under review 15
has been filed with the court. 16
10. The respondent or cross-petitioner may serve and file a 17
reply memorandum of points and authorities within 30 days after 18
service of the memorandum of points and authorities. 19
11. The petitioner or cross-petitioner may serve and file a 20
reply memorandum of points and authorities within 30 days after 21
service of the reply memorandum. 22
12. Within 7 days after the expiration of the period within 23
which the petitioner is authorized to reply pursuant to subsection 24
11, any party may request a hearing. Unless a request for a 25
hearing has been filed, the matter shall be deemed submitted. 26
13. All memoranda of points and authorities filed in 27
proceedings involving petitions for judicial review must be in the 28
form provided for appellate briefs in Rule 28 of the Nevada Rules 29
of Appellate Procedure. 30
14. The court, for good cause, may extend the times allowed 31
in this section for filing memoranda. 32
15. Judicial review of a final decision of the Commission 33
must be: 34
(a) Conducted by the court without a jury; and 35
(b) Confined to the record. 36
In cases concerning alleged irregularities in procedure before 37
the Commission that are not shown in the record, the court may 38
receive evidence concerning the irregularities. 39
16. The final decision of the Commission shall be deemed 40
reasonable and lawful until reversed or set aside in whole or in 41
part by the court. The burden of proof is on the party attacking or 42
resisting the decision to show that the final decision is invalid 43
pursuant to subsection 17. 44
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17. The court shall not substitute its judgment for that of the 1
Commission as to the weight of evidence on a question of fact. The 2
court may remand or affirm the final decision or set it aside in 3
whole or in part if substantial rights of the petitioner have been 4
prejudiced because the final decision of the Commission is: 5
(a) In violation of any constitutional or statutory provision; 6
(b) In excess of the statutory authority of the Commission; 7
(c) Made upon unlawful procedure; 8
(d) Affected by other error of law; 9
(e) Clearly erroneous in view of the reliable, probative and 10
substantial evidence on the whole record; or 11
(f) Arbitrary or capricious or characterized by abuse of 12
discretion. 13
18. A petitioner who applies for a stay of the final decision of 14
the Commission shall file and serve a written motion for the stay 15
on the Commission and all parties of record to the proceeding at 16
the time of filing the petition for judicial review. The petitioner 17
must provide security before the court may issue a stay. 18
19. In determining whether to grant a stay, the court shall 19
consider the same factors as are considered for a preliminary 20
injunction under Rule 65 of the Nevada Rules of Civil Procedure. 21
20. In making a ruling, the court shall: 22
(a) Give deference to the Commission; and 23
(b) Consider the risk to the public, if any, of staying the 24
decision of the Commission. 25
21. An aggrieved party may obtain a review of any final 26
judgment of the district court by appeal to the Nevada Supreme 27
Court. The appeal may be taken as in other civil cases. 28
Sec. 15. NRS 233.010 is hereby amended to read as follows: 29
233.010 1. It is hereby declared to be the public policy of the 30
State of Nevada to protect the welfare, prosperity, health and peace 31
of all the people of the State, and to foster the right of all persons 32
reasonably to seek and obtain housing accommodations without 33
discrimination, distinction or restriction because of race, [religious 34
creed,] religion, color, age, sex, disability, familial status, sexual 35
orientation, gender identity or expression [,] or national origin . [or 36
ancestry.] 37
2. It is hereby declared to be the public policy of the State of 38
Nevada to protect the welfare, prosperity, health and peace of all the 39
people of the State, and to foster the right of all persons reasonably 40
to seek and be granted services in places of public accommodation 41
without discrimination, distinction or restriction because of race, 42
[religious creed,] religion, color, age, sex, disability, familial status, 43
sexual orientation, national origin [, ancestry] or gender identity or 44
expression. 45
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3. It is hereby declared to be the public policy of the State of 1
Nevada to protect the welfare, prosperity, health and peace of all the 2
people of the State, and to foster the right of all persons reasonably 3
to seek, obtain and hold employment without discrimination, 4
distinction or restriction because of race, [religious creed,] religion, 5
color, age, sex, disability, familial status, sexual orientation, gender 6
identity or expression [,] or national origin . [or ancestry.] As used 7
in this subsection: 8
(a) “Protective hairstyle” includes, without limitation, hairstyles 9
such as natural hairstyles, afros, bantu knots, curls, braids, locks and 10
twists. 11
(b) “Race” includes traits associated with race, including, 12
without limitation, hair texture and protective hairstyles. 13
4. It is recognized that the people of this State should be 14
afforded full and accurate information concerning actual and alleged 15
practices of discrimination and acts of prejudice, and that such 16
information may provide the basis for formulating statutory 17
remedies of equal protection and opportunity for all citizens in this 18
State. 19
Sec. 16. NRS 233.020 is hereby amended to read as follows: 20
233.020 As used in this chapter [: 21
1. “Administrator” means the Administrator of the 22
Commission. 23
2. “Commission” means the Nevada Equal Rights Commission 24
within the Department of Employment, Training and Rehabilitation. 25
3. “Disability” means, with respect to a person: 26
(a) A physical or mental impairment that substantially limits one 27
or more of the major life activities of the person; 28
(b) A record of such an impairment; or 29
(c) Being regarded as having such an impairment. 30
4. “Member” means a member of the Nevada Equal Rights 31
Commission.] , unless the context otherwise requires, the words 32
and terms defined in sections 2 to 11, inclusive, of this act have the 33
meanings ascribed to them in those sections. 34
Sec. 17. NRS 233.085 is hereby amended to read as follows: 35
233.085 The Governor may designate another agency to 36
perform the duties and functions of the Commission set forth in 37
NRS 233.150 [, 233.160, 233.165 and 233.170.] and 233.157 to 38
233.170, inclusive, and sections 12, 13 and 14 of this act. 39
Sec. 18. NRS 233.140 is hereby amended to read as follows: 40
233.140 The Commission shall: 41
1. Foster mutual understanding and respect among all groups, 42
including, without limitation, those based on race, religion, 43
disability, ethnicity, sexual orientation and gender identity or 44
expression, and between the sexes in the State. 45
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2. Aid in securing equal health and welfare services and 1
facilities for all the residents of the State without regard to race, 2
color, religion, sex, sexual orientation, gender identity or 3
expression, age, disability , familial status or [nationality.] national 4
origin. 5
3. Study problems arising between groups within the State 6
which may result in tensions, discrimination or prejudice because of 7
race, color, [creed,] religion, sex, sexual orientation, gender identity 8
or expression, age, disability, familial status or national origin [or 9
ancestry,] and formulate and carry out programs of education and 10
disseminate information with the object of discouraging and 11
eliminating any such tensions, prejudices or discrimination. 12
4. Secure the cooperation of various groups, including, without 13
limitation, those based on race, color, religion, sex, sexual 14
orientation, gender identity or expression, age, disability, 15
[nationality] familial status, national origin and ethnicity, veterans’ 16
organizations, labor organizations, business and industry 17
organizations and fraternal, benevolent and service groups, in 18
educational campaigns devoted to the need for eliminating group 19
prejudice, racial or area tensions, intolerance or discrimination. 20
5. Cooperate with and seek the cooperation of federal and state 21
agencies and departments in carrying out projects within their 22
respective authorities to eliminate intergroup tensions and to 23
promote intergroup harmony. 24
6. Develop and carry out programs of education and 25
disseminate information as necessary to inform employers, 26
employees, employment agencies and job applicants about their 27
rights and responsibilities set forth in NRS 613.4353 to 613.4383, 28
inclusive. 29
Sec. 19. NRS 233.150 is hereby amended to read as follows: 30
233.150 The Commission may: 31
1. Order its Administrator to: 32
(a) With regard to public accommodation, investigate tensions, 33
practices of discrimination and acts of prejudice against any person 34
or group because of race, color, [creed,] religion, sex, age, 35
disability, familial status, sexual orientation, national origin [, 36
ancestry] or gender identity or expression and may conduct hearings 37
with regard thereto. 38
(b) With regard to housing, investigate tensions, practices of 39
discrimination and acts of prejudice against any person or group 40
because of race, color, [creed,] religion, sex, age, disability, familial 41
status, sexual orientation, gender identity or expression [,] or 42
national origin [or ancestry,] and may conduct hearings with regard 43
thereto. 44
(c) With regard to employment, investigate: 45
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(1) Tensions, practices of discrimination and acts of 1
prejudice against any person or group because of race, color, 2
[creed,] religion, sex, age, disability, familial status, sexual 3
orientation, gender identity or expression [,] or national origin [or 4
ancestry,] and may conduct hearings with regard thereto; and 5
(2) Any unlawful employment practice by an employer 6
pursuant to the provisions of NRS 613.4353 to 613.4383, inclusive, 7
and may conduct hearings with regard thereto. 8
As used in this paragraph, “race” includes traits associated with 9
race, including, without limitation, hair texture and protective 10
hairstyles, as defined in paragraph (a) of subsection 3 of 11
NRS 233.010. 12
2. Mediate between or reconcile the persons or groups involved 13
in those tensions, practices and acts. 14
3. Issue subpoenas for the attendance of witnesses or for the 15
production of documents or tangible evidence relevant to any 16
investigations or hearings conducted by the Commission. 17
4. Delegate its power to hold hearings and issue subpoenas to 18
any of its members or any hearing officer in its employ. 19
5. Initiate a complaint against an unlawful discriminatory 20
practice in housing. 21
6. Adopt reasonable regulations necessary for the Commission 22
to carry out the functions assigned to it by law. 23
Sec. 20. NRS 233.153 is hereby amended to read as follows: 24
233.153 1. The Commission [shall not] may contract with or 25
enter into a memorandum of understanding with the United States 26
Department of Housing and Urban Development for the 27
Commission to investigate and enforce laws relating to fair housing 28
as a certified agency . [unless the Legislature, by resolution or other 29
appropriate legislative measure, expressly authorizes the 30
Commission to do so.] 31
2. As used in this section: 32
(a) “Certified agency” has the meaning ascribed to it in 24 33
C.F.R. § 115.100(c). The term refers to the certification of an 34
agency as substantially equivalent as described in 42 U.S.C. § 35
3610(f)(3)(A) and 24 C.F.R. Part 115, Subpart B. 36
(b) “Memorandum of understanding” means the memorandum 37
of understanding described in 24 C.F.R. § [115.210.] 115.205. 38
Sec. 21. NRS 233.157 is hereby amended to read as follows: 39
233.157 1. The Commission shall accept any complaint 40
alleging an unlawful discriminatory practice over which it has 41
jurisdiction pursuant to this chapter. 42
2. The Commission shall adopt regulations setting forth the 43
manner in which the Commission will process [any such] a 44
complaint [and] received pursuant to subsection 1. 45
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3. If a complaint alleges an unlawful discriminatory practice 1
in employment or public accommodations, the Commission shall 2
determine whether to hold an informal settlement meeting or 3
conduct an investigation concerning the complaint. 4
4. If a complaint alleges an unlawful discriminatory practice 5
in housing, the Commission shall investigate the complaint and 6
shall, to the extent practicable, engage in conciliation with respect 7
to the complaint. 8
Sec. 22. NRS 233.160 is hereby amended to read as follows: 9
233.160 1. A complaint which alleges an unlawful 10
discriminatory practice in: 11
(a) Housing must be filed with the Commission not later than 1 12
year after the date of the occurrence of the alleged practice or the 13
date on which the practice terminated. 14
(b) Employment or public accommodations must be filed with 15
the Commission not later than 300 days after the date of the 16
occurrence of the alleged practice. 17
A complaint is timely if it is filed with an appropriate federal 18
agency within that period. A complainant shall not file a complaint 19
with the Commission if any other state or federal administrative 20
body or officer which has comparable jurisdiction to adjudicate 21
complaints of discriminatory practices has made a decision upon a 22
complaint based upon the same facts and legal theory. 23
2. The complainant shall specify in the complaint the alleged 24
unlawful practice. The complaint must be in writing and signed, 25
under oath, by the complainant. 26
3. If the complaint alleges an unlawful discriminatory practice 27
[in] : 28
(a) In housing, the Commission shall , not later than 10 days 29
after receiving the complaint, serve upon the complainant: 30
[(a)] (1) Notice that the complaint was filed with the 31
Commission; 32
[(b)] (2) A copy of the Commission’s procedures; 33
[(c)] (3) The information set forth in [subsection 5] sections 12 34
and 13 of [NRS 233.170; and 35
(d)] this act; and 36
(4) Information relating to the state and federal 37
administrative bodies and courts with which the complainant may 38
file the complaint. 39
(b) In employment, the Commission shall, as soon as 40
practicable after receiving the complaint, notify the complainant 41
in writing that the complainant may request the Commission to 42
issue a right-to-sue notice pursuant to NRS 613.412. 43
4. The Commission shall send to the [party against whom an 44
unlawful discriminatory practice is alleged:] respondent: 45
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(a) A copy of the complaint; 1
(b) An explanation of the rights which are available to [that 2
party;] the respondent; and 3
(c) A copy of the Commission’s procedures. 4
If the complaint alleges an unlawful discriminatory practice in 5
housing, the Commission shall comply with the requirements of this 6
subsection within 10 days after it receives the complaint. 7
5. [A person against whom an unlawful discriminatory practice 8
in housing is alleged] The respondent may file with the 9
Commission an answer to the complaint [filed against him or her] 10
not later than 10 days after the [person] respondent receives the 11
information described in subsection 4. 12
6. If a complaint alleges an unlawful discriminatory practice 13
in housing, a person who is not named as a respondent but who is 14
identified as a respondent in the course of the investigation may be 15
joined as an additional or substitute respondent upon written 16
notice from the Commission to that person. 17
7. The Commission shall notify each party to the complaint of 18
the limitation on the period of time during which a person may 19
apply to the district court for relief pursuant to NRS 613.430. 20
[7. If a person files a complaint pursuant to paragraph (b) of 21
subsection 1 which alleges an unlawful discriminatory practice in 22
employment, the Commission shall, as soon as practicable after 23
receiving the complaint, notify in writing the person who filed the 24
complaint that the person may request the Commission to issue a 25
right-to-sue notice pursuant to NRS 613.412.] 26
8. For the purposes of paragraph (b) of subsection 1, an 27
unlawful discriminatory practice in employment which relates to 28
compensation occurs on: 29
(a) Except as otherwise provided in paragraph (b), the date 30
prescribed by 42 U.S.C. § 2000e-5(e)(3)(A), as it existed on 31
January 1, 2019. 32
(b) If 42 U.S.C. § 2000e-5(e)(3)(A) is amended and the 33
Commission determines by regulation that the section, as amended, 34
provides greater protection for employees than the section as it 35
existed on January 1, 2019, the date prescribed by 42 U.S.C. § 36
2000e-5(e)(3)(A), as amended. 37
Sec. 23. NRS 233.165 is hereby amended to read as follows: 38
233.165 1. [If the Commission determines to conduct] In 39
conducting an investigation of a complaint which alleges an 40
unlawful discriminatory practice in housing in accordance with the 41
regulations adopted pursuant to NRS 233.157, the Commission 42
[must:] shall: 43
(a) Begin [an] the investigation of the complaint within 30 days 44
after it receives the complaint. 45
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(b) Complete its investigation of the complaint within 100 days 1
after it receives the complaint unless it is impracticable to do so. 2
(c) Make a final disposition of the complaint within 1 year after 3
the date it receives the complaint unless it is impracticable to do so. 4
2. If the Commission determines that it is impracticable to 5
complete an investigation or make a final disposition of a complaint 6
which alleges an unlawful discriminatory practice in housing within 7
the period prescribed in subsection 1, the Commission shall send to 8
the complainant and the [person against whom the complaint was 9
filed] respondent a statement setting forth its reasons for not 10
completing the investigation or making a final disposition of the 11
complaint within that period. 12
Sec. 24. NRS 233.170 is hereby amended to read as follows: 13
233.170 1. When a complaint is filed whose allegations if 14
true would support a finding of an unlawful practice [, the] in 15
employment or public accommodations: 16
(a) The Commission shall determine whether to hold an 17
informal settlement meeting to attempt a settlement of the dispute in 18
accordance with the regulations adopted pursuant to NRS 233.157. 19
If the Commission determines to hold an informal settlement 20
meeting, the Administrator may, to prepare for the meeting, request 21
from each party any information which is reasonably relevant to the 22
complaint. [Except as otherwise provided in subsection 3,] If an 23
agreement is reached, no further action may be taken . [if the 24
parties agree to a settlement. 25
2.] (b) If an agreement is not reached at the informal settlement 26
meeting, the [Administrator] Commission shall determine whether 27
to conduct an investigation into the alleged unlawful practice in 28
accordance with the regulations adopted pursuant to NRS 233.157. 29
After the investigation, if the [Administrator] Commission 30
determines that there is probable cause to believe that an unlawful 31
practice has occurred, the [Administrator] Commission shall 32
[attempt to mediate between or reconcile] engage in conciliation 33
with the parties. The [party against whom a complaint was filed] 34
respondent may agree to cease the unlawful practice [. Except as 35
otherwise provided in subsection 3, if] and provide any additional 36
relief as the parties may agree upon. If an agreement is reached, no 37
further action may be taken by the complainant or [by] the 38
Commission [. 39
3. If an agreement is reached by the parties in a case involving 40
a discriminatory practice in housing, the agreement must be 41
approved by the Commission. The agreement must be made public 42
unless the parties otherwise agree and the Commission determines 43
that disclosure is not necessary to further the purposes of chapter 44
118 of NRS. 45
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4.] with regard to the matters alleged in the complaint. 1
(c) If the attempts at [mediation or] conciliation fail in a case 2
involving an unlawful practice in employment or public 3
accommodations, the Commission may hold a public hearing on the 4
matter [. After] in accordance with the requirements of chapter 5
233B of NRS. 6
2. If, after the hearing, [if] the Commission determines that 7
there is probable cause to believe that an unlawful practice has 8
occurred, [it may:] the Commission: 9
(a) [Serve] Shall serve a copy of its findings of fact within 10 10
calendar days upon [any person] the respondent found to have 11
engaged in the unlawful practice; and 12
(b) [Order] May order the [person] respondent to: 13
(1) Cease and desist from the unlawful practice. The order 14
must include, without limitation, the corrective action the [person] 15
respondent must take. 16
(2) In cases involving an unlawful employment practice, 17
restore all benefits and rights to which the [aggrieved person] 18
complainant is entitled, including, but not limited to, rehiring, back 19
pay for a period described in subsection [5,] 3, annual leave time, 20
sick leave time or pay, other fringe benefits and seniority, with 21
interest thereon from the date of the Commission’s decision at a rate 22
equal to the prime rate at the largest bank in Nevada, as ascertained 23
by the Commissioner of Financial Institutions, on January 1 or 24
July 1, as the case may be, immediately preceding the date of the 25
Commission’s decision, plus 2 percent. The rate of interest must be 26
adjusted accordingly on each January 1 and July 1 thereafter until 27
the judgment is satisfied. 28
(3) In cases involving an unlawful employment practice 29
relating to discrimination on the basis of sex, pay an amount 30
determined to be appropriate by the Commission for lost wages that 31
would have been earned in the absence of discrimination or other 32
economic damages resulting from the discrimination, including, 33
without limitation, lost payment for overtime, shift differential, cost 34
of living adjustments, merit increases or promotions, or other fringe 35
benefits. 36
(4) In cases involving an unlawful employment practice 37
committed by an employer with 50 or more employees that the 38
Commission determines was willful, pay a civil penalty of: 39
(I) For the first unlawful employment practice that the 40
[person] respondent has engaged in during the immediately 41
preceding 5 years which the Commission determines was willful, 42
not more than $5,000. 43
(II) For the second unlawful employment practice that the 44
[person] respondent has engaged in during the immediately 45
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preceding 5 years which the Commission determines was willful, 1
not more than $10,000. 2
(III) For the third and any subsequent unlawful 3
employment practice that the [person] respondent has engaged in 4
during the immediately preceding 5 years which the Commission 5
determines was willful, not more than $15,000. 6
[5.] 3. For the purposes of subparagraph (2) of paragraph (b) 7
of subsection [4,] 2, the period for back pay must not exceed a 8
period beginning 2 years before the date on which the complaint 9
was filed and ending on the date the Commission issues an order 10
pursuant to paragraph (b) of subsection [4.] 2. 11
[6.] 4. Before imposing a civil penalty pursuant to 12
subparagraph (4) of paragraph (b) of subsection [4,] 2, the 13
Commission must allow the [person] respondent found to have 14
willfully engaged in an unlawful employment practice 30 days to 15
take corrective action from the date of service of the order made 16
pursuant to paragraph (a) of subsection [4.] 2. If the [person] 17
respondent takes such corrective action, the Commission shall not 18
impose the civil penalty. 19
[7. If the attempts at mediation or conciliation fail in a case 20
involving an unlawful housing practice: 21
(a) The complainant or the person against whom the complaint 22
was filed may elect to have the claims included in the complaint 23
decided in a court of competent jurisdiction. If the court determines 24
that the person against whom the complaint was filed has committed 25
an unlawful housing practice, the court may: 26
(1) Award to the complainant actual damages and, within the 27
limitations prescribed by federal law, punitive damages. 28
(2) Award to the prevailing party costs and reasonable 29
attorney’s fees. 30
(3) Order such other relief as the court deems appropriate, 31
including, but not limited to: 32
(I) Ordering a permanent or temporary injunction; 33
(II) Issuing a temporary restraining order; or 34
(III) Enjoining the defendant from continuing the 35
unlawful practice or taking other such affirmative action. 36
(b) If an election is not made pursuant to paragraph (a), the 37
Commission shall hold a public hearing on the matter. After the 38
hearing, if the Commission determines that an unlawful practice has 39
occurred, it may: 40
(1) Serve a copy of its findings of fact within 10 days upon 41
any person found to have engaged in the unlawful practice; 42
(2) Order the person to cease and desist from the unlawful 43
practice; 44
(3) Award to the complainant actual damages; and 45
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(4) Impose a civil penalty of not more than $25,000 upon the 1
person who committed the unlawful discriminatory practice. 2
8.] 5. If, after the hearing, the Commission determines that 3
there is no probable cause to believe that an unlawful practice has 4
occurred, the Commission shall dismiss the matter and make the 5
dismissal public. 6
6. The order of the Commission is a final decision in a 7
contested case for the purpose of judicial review. If the [person] 8
respondent fails to comply with the Commission’s order, the 9
Commission shall apply to the district court for an order compelling 10
such compliance, but failure or delay on the part of the Commission 11
does not prejudice the right of an aggrieved party to judicial review. 12
The court shall issue the order unless it finds that the Commission’s 13
findings or order are not supported by substantial evidence or are 14
otherwise arbitrary or capricious. If the court upholds the 15
Commission’s order and finds that the [person] respondent has 16
violated the order by failing to cease and desist from the unlawful 17
practice or to make the payment ordered, the court shall award the 18
[aggrieved party] complainant actual damages for any economic 19
loss and no more. 20
[9.] 7. After the Commission has held a public hearing and 21
rendered a decision, the complainant is barred from proceeding on 22
the same facts and legal theory before any other administrative body 23
or officer. 24
[10.] 8. For the purposes of this section, an unlawful 25
employment practice shall be deemed to be willful if a person 26
engages in the practice with knowledge that it is unlawful or with 27
reckless indifference to whether it is lawful or unlawful. 28
Sec. 25. NRS 233.175 is hereby amended to read as follows: 29
233.175 1. The Commission shall accept a complaint that 30
alleges that a local elected officer has engaged in an unlawful 31
employment practice of discrimination pursuant to Title VII of the 32
Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., or NRS 33
613.330 and take appropriate action. 34
2. The Commission shall present a complaint to the district 35
court pursuant to NRS 283.440 if the Commission determines after 36
a hearing held pursuant to [subsection 3 of] NRS 233.170 that a 37
local elected officer has engaged in an unlawful employment 38
practice of discrimination pursuant to Title VII of the Civil Rights 39
Act of 1964, 42 U.S.C. §§ 2000e et seq., or NRS 613.330 and that 40
the discriminatory practice that forms the basis of such a complaint 41
is severe or pervasive such that removal from office is an 42
appropriate remedy. In addition to any monetary penalties, the 43
Commission may impose upon the local elected officer any other 44
reasonable sanction, including, without limitation, a requirement to 45
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complete a course or training related to the unlawful employment 1
practice of discrimination. 2
3. Any fine or penalty required to be paid by a local elected 3
officer because such officer was determined to have engaged in an 4
unlawful employment practice of discrimination pursuant to 5
subsection 2 must be assessed against such officer in his or her 6
personal capacity, and may not be paid with public money or 7
contributions received pursuant to chapter 294A of NRS. Except for 8
a fine or a penalty, no damages may be assessed against the local 9
elected officer in his or her personal capacity. 10
4. As used in this section, “local elected officer” means a 11
person who holds a local government office to which the person was 12
elected. 13
Sec. 26. NRS 233.180 is hereby amended to read as follows: 14
233.180 If, after the Administrator has conducted a preliminary 15
investigation into an alleged unlawful discriminatory practice in 16
housing, employment or public accommodations, the Commission 17
determines that the practice will cause immediate and irreparable 18
harm to any [person] aggrieved [by the practice,] person, the 19
Commission, [after the informal meeting and] before holding a 20
public hearing upon the matter, may apply on behalf of such person 21
to the district court for a temporary restraining order or preliminary 22
injunction as provided in the Nevada Rules of Civil Procedure. 23
Sec. 27. NRS 233.190 is hereby amended to read as follows: 24
233.190 1. Except as otherwise provided in this section or 25
NRS 239.0115, or paragraph (c) of subsection 1 of section 12 of 26
this act, any information gathered by the Commission in the course 27
of its investigation of an alleged unlawful discriminatory practice in 28
housing, employment or public accommodations is confidential. 29
2. Except as otherwise provided in subsection 5, the 30
Commission may disclose information gathered pursuant to 31
subsection 1 to: 32
(a) Any governmental entity as appropriate or necessary to carry 33
out its duties pursuant to this chapter; or 34
(b) Any other person if the information is provided in a manner 35
which does not include any information that may be used to identify 36
the complainant, the [party against whom the unlawful 37
discriminatory practice is alleged] respondent or any person who 38
provided information to the Commission during the investigation. 39
3. Except as otherwise provided in subsection 4, the 40
Commission shall disclose information gathered pursuant to 41
subsection 1 to the complainant and the [party against whom the 42
unlawful discriminatory practice is alleged] respondent if: 43
(a) Each has consented to such disclosure; or 44
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(b) The Commission has determined to conduct a hearing on the 1
matter or apply for a temporary restraining order or an injunction or 2
an action has been filed in court concerning the complaint. 3
4. The Commission may not disclose to the complainant or the 4
[party against whom the unlawful discriminatory practice is 5
alleged:] respondent: 6
(a) Any information obtained during negotiations for a 7
settlement or attempts at mediating or conciliating the complaint. 8
(b) Any investigative notes or reports made by the Commission. 9
(c) Any information that may be used to identify a person who 10
provided information to the Commission during the investigation 11
and who has requested anonymity. 12
5. After the filing of a complaint with the Commission, access 13
to information related to the complaint must be limited only to such 14
staff of the Commission as is necessary to carry out the duties of the 15
Commission relating to the complaint. Such staff shall not disclose 16
such information to the other officers and employees of the 17
Department of Employment, Training and Rehabilitation, including, 18
without limitation, supervisors and the Director of the Department, 19
unless the disclosure is necessary to carry out the duties of the 20
Commission relating to the complaint. 21
6. Except as otherwise provided in this section or NRS 22
239.0115, or paragraph (c) of subsection 1 of section 12 of this 23
act, if the Commission’s attempts at mediating or conciliating the 24
cause of the grievance succeed, the information gathered pursuant to 25
subsection 1 must remain confidential. 26
7. If the Commission proceeds with a hearing or applies for 27
injunctive relief, confidentiality concerning any information, except 28
negotiations for a settlement or attempts at mediating or conciliating 29
the cause of the grievance, is no longer required. 30
Sec. 28. NRS 233B.039 is hereby amended to read as follows: 31
233B.039 1. The following agencies are entirely exempted 32
from the requirements of this chapter: 33
(a) The Governor. 34
(b) Except as otherwise provided in subsection 7 and NRS 35
209.221 and 209.2473, the Department of Corrections. 36
(c) The Nevada System of Higher Education. 37
(d) The Office of the Military. 38
(e) The Nevada Gaming Control Board. 39
(f) Except as otherwise provided in NRS 368A.140 and 463.765, 40
the Nevada Gaming Commission. 41
(g) Except as otherwise provided in NRS 425.620, the Division 42
of Welfare and Supportive Services of the Department of Health and 43
Human Services. 44
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(h) Except as otherwise provided in NRS 422.390, the Division 1
of Health Care Financing and Policy of the Department of Health 2
and Human Services. 3
(i) Except as otherwise provided in NRS 533.365, the Office of 4
the State Engineer. 5
(j) The Division of Industrial Relations of the Department of 6
Business and Industry acting to enforce the provisions of 7
NRS 618.375. 8
(k) The Administrator of the Division of Industrial Relations of 9
the Department of Business and Industry in establishing and 10
adjusting the schedule of fees and charges for accident benefits 11
pursuant to subsection 2 of NRS 616C.260. 12
(l) The Board to Review Claims in adopting resolutions to carry 13
out its duties pursuant to NRS 445C.310. 14
(m) The Silver State Health Insurance Exchange. 15
2. Except as otherwise provided in subsection 5 and NRS 16
391.323, the Department of Education, the Board of the Public 17
Employees’ Benefits Program and the Commission on Professional 18
Standards in Education are subject to the provisions of this chapter 19
for the purpose of adopting regulations but not with respect to any 20
contested case. 21
3. The special provisions of: 22
(a) Chapter 612 of NRS for the adoption of an emergency 23
regulation or the distribution of regulations by and the judicial 24
review of decisions of the Employment Security Division of the 25
Department of Employment, Training and Rehabilitation; 26
(b) Chapters 616A to 617, inclusive, of NRS for the 27
determination of contested claims; 28
(c) Chapter 233 of NRS for the judicial review of decisions of 29
the Nevada Equal Rights Commission concerning an unlawful 30
discriminatory practice in housing; 31
(d) Chapter 91 of NRS for the judicial review of decisions of the 32
Administrator of the Securities Division of the Office of the 33
Secretary of State; and 34
[(d)] (e) NRS 90.800 for the use of summary orders in 35
contested cases, 36
prevail over the general provisions of this chapter. 37
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 38
233B.126 do not apply to the Department of Health and Human 39
Services in the adjudication of contested cases involving the 40
issuance of letters of approval for health facilities and agencies. 41
5. The provisions of this chapter do not apply to: 42
(a) Any order for immediate action, including, but not limited 43
to, quarantine and the treatment or cleansing of infected or infested 44
animals, objects or premises, made under the authority of the State 45
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Board of Agriculture, the State Board of Health, or any other agency 1
of this State in the discharge of a responsibility for the preservation 2
of human or animal health or for insect or pest control; 3
(b) An extraordinary regulation of the State Board of Pharmacy 4
adopted pursuant to NRS 453.2184; 5
(c) A regulation adopted by the State Board of Education 6
pursuant to NRS 388.255 or 394.1694; 7
(d) The judicial review of decisions of the Public Utilities 8
Commission of Nevada; 9
(e) The adoption, amendment or repeal of policies by the 10
Rehabilitation Division of the Department of Employment, Training 11
and Rehabilitation pursuant to NRS 426.561 or 615.178; 12
(f) The adoption or amendment of a rule or regulation to be 13
included in the State Plan for Services for Victims of Crime by the 14
Department of Health and Human Serv ices pursuant to 15
NRS 217.130; 16
(g) The adoption, amendment or repeal of rules governing the 17
conduct of contests and exhibitions of unarmed combat by the 18
Nevada Athletic Commission pursuant to NRS 467.075; 19
(h) The adoption, amendment or repeal of standards of content 20
and performance for courses of study in public schools by the 21
Council to Establish Academic Standards for Public Schools and the 22
State Board of Education pursuant to NRS 389.520; 23
(i) The adoption, amendment or repeal of the statewide plan to 24
allocate money from the Fund for a Resilient Nevada created by 25
NRS 433.732 established by the Department of Health and Human 26
Services pursuant to paragraph (b) of subsection 1 of NRS 433.734; 27
or 28
(j) The adoption or amendment of a data request by the 29
Commissioner of Insurance pursuant to NRS 687B.404. 30
6. The State Board of Parole Commissioners is subject to the 31
provisions of this chapter for the purpose of adopting regulations but 32
not with respect to any contested case. 33
7. The Department of Corrections is subject to the provisions 34
of this chapter for the purpose of adopting regulations relating to 35
fiscal policy, correspondence with inmates and visitation with 36
inmates of the Department of Corrections. 37
Sec. 29. Chapter 118 of NRS is hereby amended by adding 38
thereto the provisions set forth as sections 30 to 33, inclusive, of this 39
act. 40
Sec. 30. “Aggrieved person” means any person who: 41
1. Claims to have been injured by an unlawful discriminatory 42
practice in housing; or 43
2. Believes that he or she will be injured by an unlawful 44
discriminatory practice in housing that is about to occur. 45
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Sec. 31. “Unlawful discriminatory practice in housing” 1
means a practice prohibited by NRS 118.100 and sections 32 and 2
33 of this act. 3
Sec. 32. 1. Except as otherwise provided in this section, it is 4
an unlawful discriminatory practice in housing for any person to: 5
(a) Refuse to rent or lease or refuse to negotiate for the rental 6
or lease of, or otherwise make unavailable, a dwelling to an 7
applicant because of any arrest record if the applicant has not 8
been prosecuted in relation to any such arrest; 9
(b) Make, print or publish, or cause to be made, printed or 10
published, any notice, statement or advertisement with respect to 11
the rental or lease of a dwelling that indicates any preference, 12
limitation or discrimination, or intention to make any preference, 13
limitation or discrimination, on the basis of an applicant’s arrest 14
record in violation of paragraph (a); or 15
(c) Evict a tenant on the basis of an arrest record. 16
2. A person who is subject to the provisions of this section 17
shall provide to each applicant for the rental or lease of a dwelling 18
information on: 19
(a) The provisions of this section and NRS 118.110 and 20
118.120; 21
(b) How the applicant may appeal a denial for a rental or lease 22
of a dwelling in public housing to a housing authority; and 23
(c) How the applicant may file a complaint with the 24
Commission pursuant to NRS 233.160, if the applicant believes 25
that his or her application was denied on the basis of an unlawful 26
discriminatory practice in housing. 27
3. The provisions of this section: 28
(a) Except as otherwise provided in paragraph (b), apply to the 29
rental or lease, including, without limitation, a week-to-week 30
tenancy, of any dwelling that is owned by a natural person and 31
contains five or more dwelling units. 32
(b) Do not apply to any action taken by a person: 33
(1) Pursuant to any federal or state law or regulation that 34
requires the person to inquire into or conduct a background check 35
to determine the arrest record of an applicant and exclude certain 36
applicants based on certain types of criminal history, including, 37
without limitation, the provisions of 42 U.S.C. § 13663, 24 C.F.R. 38
§ 982.553 and NRS 315.031. 39
(2) Who makes available for rent a dwelling for tenancy on 40
a week-to-week basis to determine whether an applicant has any 41
outstanding felony warrants pending against him or her. 42
4. As used in this section: 43
(a) “Applicant” means a person who: 44
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(1) Seeks information about, visits or applies to rent or 1
lease a dwelling; 2
(2) Applies for a housing rental assistance program, 3
including, without limitation, the Housing Choice Voucher 4
Program pursuant to section 8 of the United States Housing Act of 5
1937, 42 U.S.C. § 1437f; or 6
(3) Seeks to be added to an existing lease for a dwelling. 7
(b) “Arrest record” means any information indicating that a 8
person has been apprehended, detained, taken into custody, held 9
for investigation or restrained by a law enforcement department or 10
military authority due to an accusation or suspicion that the 11
person committed a crime. The term includes pending criminal 12
charges where an accusation has not resulted in a final judgment, 13
acquittal, conviction, plea, dismissal or withdrawal. 14
(c) “Background check” means any report regarding the 15
arrest record of a person intended to obtain the person’s record of 16
criminal history. 17
(d) “Dwelling”: 18
(1) Except as otherwise provided in subparagraph (2), 19
means: 20
(I) Public housing; 21
(II) Any housing that is rented or leased to a tenant 22
pursuant to a contract with a housing authority; or 23
(III) Any housing which accepts rental payments of 24
vouchers from a federal, state or local housing voucher program. 25
(2) Does not include: 26
(I) A manufactured home; or 27
(II) A single-family house owned by a natural person or 28
any other housing that is owned by a natural person and has four 29
or fewer dwelling units. 30
(e) “Dwelling unit” means a building or a portion of a 31
building planned, designed or used as a residence for one family 32
only, living independently of other families or persons, and having 33
its own bathroom and housekeeping facilities included in the unit. 34
(f) “Housing authority” has the meaning ascribed to it in 35
NRS 315.021. 36
(g) “Public housing” has the meaning ascribed to it in 37
NRS 315.021. 38
Sec. 33. 1. It is an unlawful discriminatory practice in 39
housing for any person to: 40
(a) Require a guarantor on a contract to rent or lease a 41
dwelling to provide proof of income in an amount greater than two 42
times the monthly rent or lease; 43
(b) Refuse to rent or lease or refuse to negotiate for the rental 44
or lease of, or otherwise make unavailable, a dwelling to an 45
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applicant because a guarantor has not provided proof of income in 1
an amount greater than two times the monthly rent or lease; or 2
(c) Make, print or publish, or cause to be made, printed or 3
published, any notice, statement or advertisement with respect to 4
the rental or lease of a dwelling that indicates any requirement for 5
a guarantor on a contract to rent or lease a dwelling to provide 6
proof of income in an amount greater than two times the monthly 7
rent or lease. 8
2. A person who is subject to the provisions of this section 9
shall provide to each applicant for the rental or lease of a dwelling 10
information on: 11
(a) The provisions of this section and NRS 118.110 and 12
118.120; 13
(b) How the applicant may appeal a denial for a rental or lease 14
of a dwelling in public housing to a housing authority; and 15
(c) How the applicant may file a complaint with the 16
Commission pursuant to NRS 233.160, if the applicant believes 17
that his or her application has been denied on the basis of an 18
unlawful discriminatory practice in housing. 19
3. As used in this section: 20
(a) “Guarantor” means a person who cosigns on a contract to 21
rent or lease a dwelling or dwelling unit. 22
(b) “Proof of income” means documentation of the amount of 23
money a person earns or receives from any source, including, 24
without limitation, a pay stub, tax return, letter of employment, 25
unemployment documentation, pension statement, social security 26
award letter and workers’ compensation or disability insurance 27
statement. 28
Sec. 34. NRS 118.020 is hereby amended to read as follows: 29
118.020 1. It is hereby declared to be the public policy of the 30
State of Nevada that all people in the State have equal opportunity 31
to inherit, purchase, lease, rent, sell, hold and convey real property 32
without discrimination, distinction or restriction because of race, 33
[religious creed,] religion, color, national origin, disability, sexual 34
orientation, gender identity or expression, [ancestry,] familial status 35
or sex. 36
2. Nothing in [this chapter] NRS 118.010 to 118.120, 37
inclusive, and sections 30 to 33, inclusive, of this act shall be 38
deemed to render enforceable a conveyance or other contract made 39
by a person who lacks the capacity to contract. 40
Sec. 35. NRS 118.030 is hereby amended to read as follows: 41
118.030 As used in NRS 118.010 to 118.120, inclusive, and 42
sections 30 to 33, inclusive, of this act, unless the context otherwise 43
requires, the words and terms defined in NRS 118.040 to 118.093, 44
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inclusive, and sections 30 and 31 of this act have the meanings 1
ascribed to them in those sections. 2
Sec. 36. NRS 118.045 is hereby amended to read as follows: 3
118.045 1. “Disability” means, with respect to a person: 4
[1.] (a) A physical or mental impairment that substantially 5
limits one or more of the major life activities of the person; 6
[2.] (b) A record of such an impairment; or 7
[3.] (c) Being regarded as having such an impairment. 8
2. The term does not include any current illegal use of or 9
addiction to a controlled substance, as defined in 21 U.S.C. 10
§ 802(6). 11
Sec. 37. NRS 118.060 is hereby amended to read as follows: 12
118.060 [1.] “Dwelling” means any building, structure or 13
portion thereof which is occupied as, or designed or intended for 14
occupancy as, a residence by one or more families, and any vacant 15
land which is offered for sale or lease for the construction or 16
location thereon of any such building, structure or portion thereof. 17
[2. “Dwelling” does not include: 18
(a) A single-family house sold or rented by an owner if: 19
(1) The owner does not own more than three single-family 20
houses at any one time or the owner does not own any interest in, 21
nor is there owned or reserved on his or her behalf, under any 22
express or voluntary agreement, title to or any right to all or a 23
portion of the proceeds from the sale or rental of, more than three 24
single-family houses at any one time; and 25
(2) The house was sold or rented without the use in any 26
manner of the sales or rental facilities or the sales or rental services 27
of any real estate broker, real estate broker-salesperson or real estate 28
salesperson licensed pursuant to chapter 645 of NRS. 29
(b) Rooms or units in dwellings containing living quarters 30
occupied or intended to be occupied by not more than four families 31
living independently of each other if the owner actually maintains 32
and occupies one of the living quarters as his or her residence and 33
the owner has not within the preceding 12-month period 34
participated: 35
(1) As the principal in three or more transactions involving 36
the sale or rental of any dwelling or any interest therein; or 37
(2) As an agent, otherwise than in the sale of his or her own 38
personal residence in providing sales or rental facilities or sales or 39
rental services in two or more transactions involving the sale or 40
rental of any dwelling or any interest therein. 41
3. The sale of a single-family house by an owner not residing 42
in that house at the time of the sale or who was not the most recent 43
resident of that house before the sale does not bring the house within 44
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the definition of “dwelling” unless there is more than one such sale 1
within any 24-month period.] 2
Sec. 38. NRS 118.080 is hereby amended to read as follows: 3
118.080 “Person” includes [the] : 4
1. One or more natural persons, corporations, partnerships, 5
associations, labor organizations, legal representatives, mutual 6
companies, joint stock companies, trustees, trustees in cases under 7
Title 11 of the United States Code, receivers or fiduciaries; 8
2. The State of Nevada ; and [all] 9
3. All political subdivisions and agencies [thereof.] of the 10
State. 11
Sec. 39. NRS 118.100 is hereby amended to read as follows: 12
118.100 [A] 13
1. Except as otherwise provided in subsections 4 and 5, a 14
person shall not, because of race, [religious creed,] religion, color, 15
national origin, [disability,] sexual orientation, gender identity or 16
expression, [ancestry,] familial status , [or] sex [:] or disability, 17
including, without limitation, the disability of a buyer or renter or 18
any person who may reside in a dwelling after it is sold, rented or 19
made available, or because the buyer or renter is associated with a 20
person who is, or is perceived to be, a member of any class of 21
persons protected by the provisions of NRS 118.010 to 118.120, 22
inclusive, and sections 30 to 33, inclusive, of this act: 23
[1.] (a) Refuse to sell or rent or refuse to negotiate for the sale 24
or rental of, or otherwise make unavailable or deny, a dwelling to 25
any person. 26
[2.] (b) Discriminate against any person in the terms, conditions 27
or privileges of sale or rental of a dwelling, including the amount of 28
breakage or brokerage fees, deposits or other undue penalties, or in 29
the provision of services or facilities in connection therewith. 30
[3.] (c) Make, print or publish, or cause to be made, printed or 31
published, any notice, statement or advertisement with respect to the 32
sale or rental of a dwelling that indicates any preference, limitation 33
or discrimination, or an intention to make any preference, limitation 34
or discrimination. As used in this [subsection,] paragraph, 35
“dwelling” includes a house, room or unit described in [subsection 2 36
or 3 of NRS 118.060.] paragraphs (a) and (b) of subsection 5. 37
[4.] (d) Represent to any person because of race, [religious 38
creed,] religion, color, national origin, disability, sexual orientation, 39
gender identity or expression, [ancestry,] familial status or sex that 40
any dwelling is not available for inspection, sale or rental when the 41
dwelling is in fact so available. 42
[5.] (e) For profit, induce or attempt to induce any person to sell 43
or rent any dwelling by representations regarding the entry or 44
prospective entry into the neighborhood of a person of a particular 45
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race, [religious creed,] religion, color, national origin, disability, 1
sexual orientation, gender identity or expression, [ancestry,] familial 2
status or sex. 3
[6. Coerce,] 4
(f) Deny any person access to or membership or participation 5
in any multiple-listing service, real estate brokers’ organization or 6
other service, organization or facility relating to the business of 7
selling or renting dwellings, or discriminate against any person in 8
the terms or conditions of such access, membership or 9
participation. 10
2. A person shall not discriminate against any person in 11
making available a residential real estate-related transaction, or in 12
the terms or conditions of such a transaction. 13
3. A person shall not coerce, intimidate, threaten or interfere 14
with any person in the exercise or enjoyment of, or on account of 15
that person having exercised or enjoyed or aided or encouraged any 16
other person in the exercise or enjoyment of, any right granted or 17
protected in [this chapter.] NRS 118.010 to 118.120, inclusive, and 18
sections 30 to 33, inclusive, of this act. 19
4. The provisions of this section: 20
(a) Do not prohibit a person engaged in the business of 21
furnishing appraisals of real property from considering factors 22
other than race, religion, color, national origin, sexual 23
orientation, gender identity or expression, familial status, sex or 24
disability in performing an appraisal. 25
(b) Do not prohibit a religious organization, association or 26
society, or a non-profit institution or organization operated, 27
supervised or controlled by or in conjunction with a religious 28
organization, association or society, from limiting the sale, rental 29
or occupancy of any dwelling which it owns or operates for other 30
than a commercial purpose to persons of the same religion or 31
from giving preferences to such persons, unless membership in the 32
religion is restricted on account of race, color or national origin. 33
(c) Do not prohibit a private club which is not open to the 34
public and which, as an incident to its primary purposes, provides 35
lodging that it owns or operates for other than a commercial 36
purpose from limiting the rental or occupancy of those lodgings to 37
its members or from giving preference to its members. 38
(d) With regard to the prohibition against discrimination based 39
on familial status, do not apply to housing for older persons. 40
5. Except as otherwise provided in paragraph (c) or (f) of 41
subsection 1 or subsection 2, 3 or 6, the provisions of this section 42
do not apply to: 43
(a) A single-family house sold or rented by a private individual 44
owner if: 45
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(1) The private individual owner owns four or fewer single-1
family houses; 2
(2) The private individual owner does not own any interest 3
in, and there is not owned or reserved on his or her behalf, under 4
any express or voluntary agreement, title to or any right to any 5
portion of the proceeds from the sale or rental of more than three 6
single-family houses; and 7
(3) The house is sold or rented without: 8
(I) The use in any manner of the sales or rental facilities 9
or services of any real estate broker, agent or salesperson licensed 10
under chapter 645 of NRS, other person in the business of selling 11
or renting dwellings or the employee or agent of such a real estate 12
broker, agent or salesperson or other person; and 13
(II) The publication, posting or mailing of any 14
advertisement or written notice in violation of paragraph (c) of 15
subsection 1. 16
(b) Rooms or units in dwellings containing living quarters 17
occupied or intended to be occupied by not more than four 18
families living independently of each other, if the owner maintains 19
and occupies one of the living quarters as his or her residence. 20
6. In the event of the sale of a single-family house by a 21
private individual owner who does not reside in the house at the 22
time of the sale or who was not the most recent resident of the 23
house before the sale, the exemption from the provisions of this 24
section set forth in paragraph (a) of subsection 5 applies only with 25
respect to one such sale within any 24-month period. 26
7. The provisions of this section do not prohibit the use by 27
any person of such attorneys, escrow agents, commissioned 28
abstracters, title companies or other professional assistance as 29
necessary to perfect or transfer title to real property. 30
8. For the purposes of this section, a person shall be deemed 31
to be in the business of selling or renting dwellings if the person: 32
(a) Has, within the immediately preceding 12 months, 33
participated as a principal in three or more transactions involving 34
the sale or rental of any dwelling or any interest in a dwelling; 35
(b) Has, within the immediately preceding 12 months, 36
participated as an agent, other than in the sale of his or her own 37
residence, in providing sales or rental facilities or services in two 38
or more transactions involving the sale or rental of any dwelling 39
or any interest in a dwelling; or 40
(c) Is the owner of any dwelling occupied by, or designed or 41
intended for occupancy by, five or more families. 42
9. As used in this section, unless the context otherwise 43
requires: 44
(a) “Housing for older persons” means housing that is: 45
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(1) Provided under any state or federal program which the 1
United States Secretary of Housing and Urban Development 2
determines is specifically designed and operated to assist elderly 3
persons; 4
(2) Intended for and occupied solely by persons who are 62 5
years of age or older; or 6
(3) Intended and operated for occupancy by persons who 7
are 55 years of age or older and: 8
(I) At least 80 percent of the occupied units are occupied 9
by at least one person who is 55 years of age or older; and 10
(II) For which there is compliance with applicable rules 11
for verification of occupancy. 12
(b) “Residential real estate-related transaction” means: 13
(1) The making or purchasing of loans or providing other 14
financial assistance for purchasing, constructing, improving, 15
repairing or maintaining a dwelling; 16
(2) The making or purchasing of loans or providing other 17
financial assistance secured by residential real estate; or 18
(3) The selling, brokering or appraising of residential real 19
estate. 20
Sec. 40. NRS 118.101 is hereby amended to read as follows: 21
118.101 1. A person may not refuse to [: 22
(a) Authorize] authorize a person with a disability to make 23
reasonable modifications to a dwelling which he or she occupies or 24
will occupy if: 25
[(1)] (a) The person with the disability pays for the 26
modifications; and 27
[(2)] (b) The modifications [are] may be necessary to 28
[ensure that] afford the person with the disability [may use and 29
enjoy] the full enjoyment of the dwelling . [; or 30
(b) Make reasonable accommodations in rules, policies, 31
practices or services if those accommodations are necessary to 32
ensure that the person with the disability may use and enjoy the 33
dwelling.] 34
2. A landlord may, as a condition for the authorization of such 35
a modification, reasonably require the person who requests the 36
authorization, upon the termination of his or her occupancy, to 37
restore the interior of the dwelling to the condition that existed 38
before the modification, reasonable wear and tear excepted. 39
3. Except as otherwise provided in subsection 4, a landlord 40
may not increase the amount of a security deposit the landlord 41
customarily requires a person to deposit because that person has 42
requested authorization to modify a dwelling pursuant to 43
subsection 1. 44
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4. If a person requests authorization to modify a dwelling 1
pursuant to subsection 1, the landlord may require that person to 2
deposit an additional security deposit in addition to the amount the 3
landlord usually requires if the additional security deposit: 4
(a) Is necessary to ensure the restoration of the dwelling 5
pursuant to subsection 2; 6
(b) Does not exceed the actual cost of the restoration; and 7
(c) Is collected over a reasonable period and deposited by the 8
landlord in an interest-bearing account. Any interest earned on the 9
additional amount must be paid to the person who requested 10
the authorization. 11
5. A person may not refuse to make reasonable 12
accommodations in rules, policies, practices or services which may 13
be necessary to afford a person with a disability equal opportunity 14
to use and enjoy a dwelling. 15
6. As used in this section, “security deposit” has the meaning 16
ascribed to it in NRS 118A.240. 17
Sec. 41. NRS 118.103 is hereby amended to read as follows: 18
118.103 1. A covered multifamily dwelling which is 19
designed and constructed for occupancy on or after [March 13, 20
1991,] October 1, 2025, must be constructed in such a manner that 21
the primary entrance to the dwelling [contains at least one entrance 22
which] is accessible to a person with a disability unless it is 23
impracticable to so design or construct the dwelling because of the 24
terrain or unusual characteristics of the site upon which it is 25
constructed. 26
2. [A] Such a covered multifamily dwelling [which contains at 27
least one entrance which is accessible to a person with a disability] 28
must be constructed in such a manner that: 29
(a) The [common] areas of the dwelling intended for public use 30
or common use are readily accessible to and usable by a person 31
with a disability; 32
(b) The doors of the dwelling are sufficiently wide to allow a 33
person with a disability to enter and exit in a wheelchair; 34
(c) The units of the dwelling contain: 35
(1) An accessible route into and through the dwelling; 36
(2) Reinforcements in the bathroom walls so that bars for use 37
by a person with a disability may be installed therein; and 38
(3) Kitchens and bathrooms which are usable by a person in 39
a wheelchair and in which such a person [in a wheelchair] may 40
maneuver; and 41
(d) The light switches, electrical outlets, thermostats or any 42
other environmental controls in the units of the dwelling are placed 43
in such a manner that they are accessible to a person in a 44
wheelchair. 45
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3. As used in this section, “covered multifamily dwelling” 1
means: 2
(a) A building which consists of four or more units and contains 3
at least one elevator; [or] and 4
(b) The units located on the ground floor of any other building 5
which consists of four or more units. 6
Sec. 42. NRS 118.105 is hereby amended to read as follows: 7
118.105 1. [Except as otherwise provided in subsection 2, a] 8
A landlord [may] must not refuse to rent a dwelling subject to the 9
provisions of chapter 118A of NRS to a person with a disability 10
solely because [an] a service animal which affords the person an 11
equal opportunity to use and enjoy the dwelling will be residing 12
with the prospective tenant in the dwelling . [if the animal assists, 13
supports or provides service to the person with a disability.] 14
2. [A landlord may require proof that an animal assists, 15
supports or provides service to the person with a disability. This 16
requirement may be satisfied, without limitation, by a statement 17
from a provider of health care that the animal performs a function 18
that ameliorates the effects of the person’s disability.] As used in 19
this section, “service animal” has the meaning ascribed to it in 20
NRS 426.097. 21
Sec. 43. NRS 118.110 is hereby amended to read as follows: 22
118.110 Any aggrieved person [who claims to have been 23
injured by a discriminatory housing practice or who believes that he 24
or she will be injured by such a practice that is about to occur] may 25
file a complaint with the Commission in the manner prescribed in 26
NRS 233.160 [.] and avail himself or herself of the rights and 27
remedies set forth in NRS 233.160 and sections 12, 13 and 14 of 28
this act. 29
Sec. 44. NRS 118.120 is hereby amended to read as follows: 30
118.120 [Any] 31
1. Except as otherwise provided in subsection 2, an aggrieved 32
person may commence an action in any district court in this state to 33
enforce the provisions of NRS 118.100, 207.300, 207.310, 645.321 34
or 645C.480 or section 32 or 33 of this act not [less] more than 1 35
year after the date of the occurrence or termination of an alleged 36
violation of any of those provisions. If the court determines that the 37
provisions of any of those sections have been violated by the 38
defendant, and that the plaintiff has been injured thereby, it may 39
enjoin the defendant from continued violation or may take such 40
other affirmative action as may be appropriate, and, in the case of a 41
prevailing plaintiff, may award to the plaintiff actual damages, 42
punitive damages, court costs and a reasonable attorney’s fee. 43
2. The limitation on commencing an action set forth in 44
subsection 1 is tolled by the filing of a complaint with the 45
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Commission and during the pendency of the complaint before the 1
Commission. 2
Sec. 45. NRS 118.120 is hereby amended to read as follows: 3
118.120 1. Except as otherwise provided in subsection 2, an 4
aggrieved person may commence an action in any district court in 5
this state to enforce the provisions of NRS 118.100, 207.300, 6
207.310, 645.321 or 645C.480 or section 32 or 33 of this act not 7
more than 1 year after the date of the occurrence or termination of 8
an alleged violation of any of those provisions. If the court 9
determines that the provisions of any of those sections have been 10
violated by the defendant, and that the plaintiff has been injured 11
thereby, it may enjoin the defendant from continued violation or 12
may take such other affirmative action as may be appropriate, [and, 13
in the case of a prevailing plaintiff, may] including, without 14
limitation, an award [to the plaintiff] of actual damages [, punitive 15
damages, court costs and a] and such civil penalties as provided in 16
section 12 of this act. The court may award the prevailing party 17
reasonable attorney’s [fee.] fees and costs, except that no such fees 18
or costs may be awarded against the State of Nevada unless, upon 19
a motion by a party, the court determines that the State of Nevada 20
acted in violation of Rule 11 of the Nevada Rules of Civil 21
Procedure. 22
2. The limitation on commencing an action set forth in 23
subsection 1 is tolled by the filing of a complaint with the 24
Commission and during the pendency of the complaint before the 25
Commission. 26
3. An aggrieved person may commence a civil action under 27
this section regardless of whether the person has filed a complaint 28
under NRS 118.110, unless the person has entered into a 29
conciliation agreement concerning the complaint or the 30
Commission has commenced a hearing pursuant to section 12 of 31
this act with respect to the matters alleged in the complaint. 32
Sec. 46. Chapter 118A of NRS is hereby amended by adding 33
thereto a new section to read as follows: 34
1. If a rental agreement provides for payment by the tenant to 35
the landlord for any utility service, the landlord shall provide the 36
tenant with a statement containing: 37
(a) The actual charges incurred by the landlord for the utility 38
service for the dwelling unit of the applicable tenant; and 39
(b) The portion of the utility service charges for the utility 40
service that are allocated to the tenant. 41
2. As used in this section, “utility service” includes, without 42
limitation, electricity, telephone service, cable or satellite television 43
service, gas, water, wastewater removal, solid waste removal or 44
Internet service. 45
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Sec. 47. 1. This section becomes effective upon passage and 1
approval. 2
2. Sections 1 to 11, inclusive, 15, 16, 18 to 21, inclusive, 26, 28 3
to 42, inclusive, 44 and 46 of this act become effective: 4
(a) Upon passage and approval for the purpose of adopting any 5
regulations and performing any other preparatory administrative 6
tasks that are necessary to carry out the provisions of this act; and 7
(b) On October 1, 2025, for all other purposes. 8
3. Sections 12, 13, 14, 17, 22 to 25, inclusive, 27, 43 and 45 of 9
this act become effective on the date the Governor declares that the 10
Federal Government has determined that certain provisions of NRS 11
provide rights and remedies for alleged discriminatory housing 12
practices substantially equivalent to federal law. 13
H