REQUIRES TWO-THIRDS MAJORITY VOTE (§ 2)
S.B. 436
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SENATE BILL NO. 436–COMMITTEE ON COMMERCE AND LABOR
(ON BEHALF OF THE JOINT INTERIM STANDING
COMMITTEE ON COMMERCE AND LABOR)
MARCH 24, 2025
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions relating to landlords and tenants.
(BDR 10-514)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to landlords; requiring the Housing Division of
the Department of Business and Industry to establish a
registry of landlords and a mechanism for a tenant to file
a complaint concerning a landlord; requiring a landlord of
a dwelling unit that does not satisfy certain requirements
for essential items or services to provide a tenant certain
alternative accommodations under certain circumstances;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law defines the term “landlord” as a person who provides a dwelling 1
unit for occupancy by another pursuant to a rental agreement. (NRS 118A.100) 2
Section 2 of this bill applies to any landlord who: (1) uses a property manager for 3
any number of dwelling units in this State; or (2) owns five or more dwelling units 4
in this State, regardless of whether the landlord uses a property manager for any 5
such dwelling unit. 6
Section 2 requires the Housing Division of the Department of Business and 7
Industry to establish a statewide registry of landlords that consists of the following 8
information for each landlord: (1) the name of the landlord; (2) the state and county 9
in which the landlord is domiciled; (3) the total number of dwelling units owned by 10
the landlord in this State and the address of each dwelling unit; (4) the amount of 11
periodic rent charged by the landlord for each dwelling unit in this State and the 12
frequency with which the periodic rent is charged to the tenant; and (5) certain 13
information relating to the property manager of the premises, if applicable. Section 14
2 requires each landlord who is not a member of an association to report to the 15
Housing Division the information required to be contained in the statewide registry 16
on an annual basis and at certain other times. If the landlord is a member of an 17
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association, section 2 requires the association, on behalf of the landlord, to report to 18
the Division the information required to be contained in the statewide registry on an 19
annual basis. Section 2 prohibits a property manager from providing services to a 20
landlord who is not listed in the statewide registry. Section 2 additionally requires 21
the Division to: (1) establish a mechanism for a tenant to file a complaint 22
concerning a landlord; and (2) post such complaints on the Internet website of the 23
Division. Finally, section 2: (1) authorizes the Division to establish by regulation 24
an annual registration fee to be imposed on a landlord who registers with the 25
registry; and (2) requires the Division to use the revenue from such fees to defray 26
the administrative costs associated with implementing the registry of landlords and 27
the mechanism for filing and posting complaints concerning landlords. 28
Existing law provides a tenant certain remedies if: (1) a landlord is required by 29
the rental agreement to provide certain essential items or services and the landlord 30
willfully or negligently fails to do so; (2) the tenant gives written notice to the 31
landlord specifying the breach; and (3) the landlord does not adequately remedy the 32
breach or use his or her best efforts to remedy the breach within 48 hours, except a 33
Saturday, Sunday or legal holiday, after the notice is received by the landlord. 34
(NRS 118A.380) Section 3 of this bill additionally authorizes a tenant, at any time 35
after such written notice has been provided and before the landlord has remedied 36
the breach, to submit to the landlord a written request for alternative 37
accommodations. Section 3 requires the landlord to, not later than 24 hours after 38
receipt of the request, provide to the tenant and, with certain exceptions, 39
continuously maintain thereafter until the breach is remedied a comparable 40
dwelling unit or a hotel room, as selected by the landlord, at no cost to the tenant. 41
Section 3 requires the comparable dwelling unit or hotel room to: (1) include 42
certain features, depending upon the amount of time the dwelling unit or hotel room 43
is required; and (2) be located within certain distances of the dwelling unit of the 44
tenant. If a tenant is so relocated, section 3 requires the landlord to pay only certain 45
expenses that arise from the relocation, specifically: (1) under certain 46
circumstances, a per diem allowance in an amount that is at least equal to that 47
provided for state officers and employees; and (2) other reasonable costs incurred 48
due to the relocation, including, without limitation, costs of storage and 49
transportation. Section 3 provides that the provisions of section 3 do not relieve a 50
tenant who is relocated of the obligation to pay rent to his or her landlord. 51
Section 4 of this bill provides that if a tenant is provided a hotel room pursuant 52
to section 3 and, due to circumstances beyond the reasonable control of the 53
landlord, the breach cannot be remedied by a date which is 60 days after the date on 54
which the tenant’s occupancy in the hotel room began, the obligation of the 55
landlord to provide the hotel room terminates on that date. Section 4 requires a 56
landlord who makes a determination that the breach cannot be remedied within that 57
60-day period to provide to the tenant, at the earliest opportunity, written notice: (1) 58
that the breach cannot be remedied within 60 days; (2) of the date on which the 59
hotel room will no longer be provided at the expense of the landlord; and (3) that 60
the tenant may terminate his or her rental agreement with no liability or financial 61
penalty. Section 4 also requires the landlord to return to the tenant the tenant’s full 62
security deposit, if any, on or before the date on which the landlord provides the 63
written notice pursuant to section 4. 64
Section 5 of this bill provides a tenant the same remedies against a landlord 65
who violates section 3 or 4 as those provided under existing law for failure of the 66
landlord to remedy or use his or her best efforts to remedy a breach relating to an 67
essential good or service. 68
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 118A of NRS is hereby amended by 1
adding thereto the provisions set forth as sections 2, 3 and 4 of this 2
act. 3
Sec. 2. 1. The Division shall: 4
(a) Establish a statewide registry of landlords that consists of 5
the following information for each landlord: 6
(1) The name of the landlord; 7
(2) The state and county in which the landlord is domiciled; 8
(3) The total number of dwelling units owned by the 9
landlord in this State; 10
(4) The address of each dwelling unit described in 11
subparagraph (3); 12
(5) The amount of the periodic rent charged by the landlord 13
for each dwelling unit described in subparagraph (3) and the 14
frequency with which the periodic rent is charged to the tenant of 15
each dwelling unit; and 16
(6) The name of the property manager of the premises and 17
the name of the real estate broker with whom the property 18
manager is associated, if applicable; 19
(b) Establish a mechanism by which a tenant may file a 20
complaint concerning a landlord; and 21
(c) Post complaints concerning landlords filed by tenants 22
pursuant to paragraph (b) on the Internet website of the Division. 23
2. Except as otherwise provided in subsection 3, each 24
landlord shall report to the Division the information described in 25
paragraph (a) of subsection 1 on or before January 1 of each year 26
and any time there is a change in the information described in 27
paragraph (a) of subsection 1 as that information relates to the 28
landlord. 29
3. If a landlord is a member of an association, the association 30
shall, on behalf of the landlord, report to the Division the 31
information described in paragraph (a) of subsection 1 on or 32
before January 1 of each year. 33
4. A report described in subsection 2 or 3 must be made in the 34
manner prescribed by the Division. 35
5. A property manager may not provide services to a landlord 36
who is not listed in the registry described in paragraph (a) of 37
subsection 1. 38
6. The Division may establish by regulation an annual 39
registration fee which the Division may impose on a landlord who 40
registers with a registry established pursuant to paragraph (a) of 41
subsection 1. If such a fee is imposed, all revenue from fees 42
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collected pursuant to this subsection must be used by the Division 1
to defray the administrative costs associated with implementing: 2
(a) The registry established pursuant to paragraph (a) of 3
subsection 1; and 4
(b) The mechanism for filing and posting complaints 5
concerning landlords pursuant to paragraphs (b) and (c) of 6
subsection 1. 7
7. This section applies to any landlord who: 8
(a) Uses a property manager for any number of dwelling units 9
in this State; or 10
(b) Owns five or more dwelling units in this State, regardless 11
of whether the landlord uses a property manager for any such 12
dwelling unit. 13
8. As used in this section: 14
(a) “Association” means an organization focused on the rental 15
housing industry in this State which, for valuable consideration, 16
provides membership to landlords, developers, property managers 17
or like actors in the rental housing industry in exchange for the 18
provision of services, information, educational opportunities or 19
like benefits relating to the rental housing industry to members of 20
the organization. 21
(b) “Division” means the Housing Division of the Department 22
of Business and Industry. 23
(c) “Property manager” has the meaning ascribed to it in 24
NRS 645.0195. 25
(d) “Real estate broker” has the meaning ascribed to it in 26
NRS 645.030. 27
Sec. 3. 1. If a tenant gives written notice to a landlord 28
pursuant to NRS 118A.380, the tenant may, at any time before the 29
landlord has remedied the breach, submit a written request to the 30
landlord for alternative accommodations. Not later than 24 hours 31
after receipt of the request, the landlord shall provide to the tenant 32
and, except as otherwise provided in section 4 of this act, 33
continuously maintain for the tenant thereafter until the breach is 34
remedied: 35
(a) A comparable dwelling unit, as selected by the landlord, at 36
no cost to the tenant; or 37
(b) A hotel room, as selected by the landlord, at no cost to the 38
tenant. 39
2. A comparable dwelling unit or hotel room provided 40
pursuant to subsection 1 must include at least the same number of 41
beds as there are beds used in the dwelling unit of the tenant. 42
3. If a tenant requires a comparable dwelling unit or hotel 43
room for more than 48 hours: 44
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(a) The comparable dwelling unit or hotel room must include a 1
refrigerator with a freezer and a range, stove or oven; or 2
(b) The landlord must provide a per diem allowance for daily 3
meals and incidentals for each tenant in an amount that is at least 4
equal to the per diem allowance provided for state officers and 5
employees generally. The landlord must provide the per diem 6
allowance to the tenant at the time the landlord reasonably expects 7
the tenant to be in a comparable dwelling or hotel room for more 8
than 48 hours and for every 24-hour period thereafter. 9
4. A comparable dwelling unit or hotel room must be: 10
(a) Habitable; 11
(b) Accessible to a person with disabilities if the tenant has a 12
disability; and 13
(c) Located not more than 5 miles from the dwelling unit of the 14
tenant, unless the tenant consents to a comparable dwelling unit 15
or hotel room that is located more than 5 miles from the dwelling 16
unit of the tenant. The landlord may select a comparable dwelling 17
unit or hotel room that is located more than 5 miles but less than 18
10 miles from the dwelling unit of the tenant if the comparable 19
dwelling unit or hotel room that is farther away from the dwelling 20
unit of the tenant is substantially less expensive than other options 21
that are available not more than 5 miles from the dwelling unit of 22
the tenant. If a dwelling unit or hotel room located 5 miles or 10 23
miles, as applicable pursuant to this subsection, from the dwelling 24
unit of the tenant is not available for the use of the tenant in 25
accordance with this subsection, the landlord must select the 26
nearest available comparable dwelling unit or hotel room. 27
5. If a tenant is relocated pursuant to this section, a landlord 28
is required to pay for only the following expenses that arise from 29
relocating the tenant: 30
(a) A per diem allowance pursuant to paragraph (b) of 31
subsection 3, if applicable; and 32
(b) Reasonable costs that are incurred due to the relocation of 33
the tenant, including, without limitation, costs of storage and 34
transportation. 35
6. A tenant who is provided relocation pursuant to this 36
section is not relieved of the obligation to pay rent to the landlord. 37
Sec. 4. 1. If a tenant is provided a hotel room pursuant to 38
section 3 of this act and, due to circumstances beyond the 39
reasonable control of the landlord, the breach cannot be remedied 40
by a date which is 60 days after the date on which the tenant’s 41
occupancy in the hotel room began, the obligation of the landlord 42
to provide the hotel room to the tenant terminates on that date. 43
2. A landlord who determines that, due to circumstances 44
beyond his or her reasonable control, a breach cannot be 45
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remedied within 60 days after the date on which a tenant’s 1
occupancy in a hotel room began shall: 2
(a) Provide to the tenant, at the earliest opportunity, written 3
notice that specifies: 4
(1) That the breach cannot be remedied by a date which is 5
60 days after the date on which the tenant’s occupancy in the hotel 6
began; 7
(2) The date on which the hotel room will no longer be 8
provided to the tenant at the expense of the landlord, which date 9
must be not earlier than 60 days after the date on which the 10
tenant’s occupancy in the hotel room at the expense of the 11
landlord began; and 12
(3) That the tenant may terminate his or her rental 13
agreement with no liability or financial penalty to the tenant; and 14
(b) Return to the tenant the tenant’s full security deposit, if 15
any, on or before the date that the landlord provides notice to the 16
tenant pursuant to paragraph (a). 17
Sec. 5. NRS 118A.380 is hereby amended to read as follows: 18
118A.380 1. If the landlord is required by the rental 19
agreement or this chapter to supply heat, air-conditioning, running 20
water, hot water, electricity, gas, a functioning door lock or another 21
essential item or service and the landlord willfully or negligently 22
fails to do so, causing the premises to become unfit for habitation, 23
the tenant shall give written notice to the landlord specifying the 24
breach. If the landlord does not adequately remedy the breach, or 25
use his or her best efforts to remedy the breach within 48 hours, 26
except a Saturday, Sunday or legal holiday, after it is received by 27
the landlord, or fails to comply with the requirements of sections 3 28
and 4 of this act, the tenant may, in addition to any other remedy: 29
(a) Procure reasonable amounts of such essential items or 30
services during the landlord’s noncompliance and deduct their 31
actual and reasonable cost from the rent; 32
(b) Recover actual damages, including damages based upon the 33
lack of use of the premises or the diminution of the fair rental value 34
of the dwelling unit; 35
(c) Withhold any rent that becomes due during the landlord’s 36
noncompliance without incurring late fees, charges for notice or any 37
other charge or fee authorized by this chapter or the rental 38
agreement, until the landlord has attempted in good faith to restore 39
the essential items or services; or 40
(d) Procure other housing which is comparable during the 41
landlord’s noncompliance, and the rent for the original premises 42
fully abates during this period. The tenant may recover the actual 43
and reasonable cost of that other housing which is in excess of the 44
amount of rent which is abated. 45
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2. If the tenant proceeds under this section, the tenant may not 1
proceed under NRS 118A.350 and 118A.360 as to that breach. 2
3. The rights of the tenant under this section do not arise until 3
the tenant has given written notice as required by subsection 1, 4
except that the tenant may, without having given that notice: 5
(a) Recover damages as authorized under paragraph (b) of 6
subsection 1 if the landlord: 7
(1) Admits to the court that the landlord had knowledge of 8
the lack of such essential items or services; or 9
(2) Has received written notice of the uninhabitable 10
condition caused by such a lack from a governmental agency 11
authorized to inspect for violations of building, housing or health 12
codes. 13
(b) Withhold rent under paragraph (c) of subsection 1 if the 14
landlord: 15
(1) Has received written notice of the condition constituting 16
the breach from a governmental agency authorized to inspect for 17
violations of building, housing or health codes; and 18
(2) Fails to remedy or attempt in good faith to remedy the 19
breach within the time prescribed in the written notice of that 20
condition from the governmental agency. 21
4. The rights of the tenant under paragraph (c) of subsection 1 22
do not arise unless the tenant is current in the payment of rent at the 23
time of giving written notice pursuant to subsection 1. 24
5. If such a condition was caused by the deliberate or negligent 25
act or omission of the tenant, a member of his or her household or 26
other person on the premises with his or her consent, the tenant has 27
no rights under this section. 28
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