Early Lease Termination for Victims of Certain Crimes
During the 2013 session, the Legislature passed a bill to allow a victim of domestic violence to terminate a lease early, provided the victim presented a police report, protection order or written affidavit from a qualified third party. This session, Assemblyman Yeager is proposing AB247 to extend this ability to victims of harassment, sexual assault and stalking while narrowing the "qualified third party" definition.
For victims of harassment, sexual assault and stalking, the person seeking to terminate the lease agreement would have to present either a police report or a permanent or temporary protection order issued by a court.
For victims of domestic violence, it revisits the definition of "qualified third party" that can present a written affidavit to support the early termination notification to the landlord. Specifically, while it would keep any person employed by an agency or services which advises regarding domestic violence, it would clarify that the person must be licensed to provide healthcare, and add the requirements that the person must have received training relating to domestic violence and be a Nevada resident. It would remove any person who is a member of the board of directors or executive director of such an agency if the person is not licensed to provide healthcare as a qualified third party. It would also specify that any clergy member must be a Nevada resident to qualify as a third party.
NVAR is in support of this bill. It has not yet been scheduled for a hearing.
Sealing of Eviction Records
AB107 seeks to protect tenants from erroneously filed eviction proceedings. As introduced, the bill seems to overreach beyond that intention, and NVAR is working with the bill sponsor to ensure that prospective landlords have access to all properly filed eviction and unlawful detainer records.
This bill has not been scheduled for a hearing as of yet, and your Lobbying Team is working hard towards an amendment that would make the bill fair for both landlords and tenants.
Notarization of Rental Agreements
Assemblyman Flores introduced AB161 in an effort to further curb squatters' ability to evade current law. The problem at hand is that when the authorities are alerted to a potential squatter problem, the occupants of a residence are presenting a rental agreement for the property. The authorities have no way of determining whether the agreement is legitimate or not, and therefore are unable to handle the situation as a squatter problem.
AB161 would require that any written rental agreement for a single-family residence be notarized. Unfortunately, NVAR believes this would not have any effect on the problem at hand, and would only complicate the work of property managers and landlords. Notarization only ensures that the persons who are signing the agreement are indeed the persons they say they are; the notary has no way of ascertaining that the names of the people on the rental agreements are the legal owners of the property in question - nor would it be within their purview.
While NVAR supports efforts to further curb the squatters' issue in Nevada, Flores' proposal is not the solution. It will cause harm to legitimate property owners and landlords, and that is why NVAR is working with Flores and the advocates for the legislation, the Las Vegas Metropolitan Police Department, to accomplish their objectives without adversely impacting law abiding property owners. It will be heard on March 6 by the Assembly Committee on Commerce and Labor.
Transferring the CIC Ombudsman to the Attorney General's Office
SB114, introduced by Senator Joyce Woodhouse, would transfer the CIC Ombudsman from the Real Estate Division to the Attorney General's Office.
While this proposal garnered some public support at the hearing in front of the Senate Judiciary Committee earlier this week, both the Real Estate Division and the Attorney General's Office expressed opposition to this measure. The Attorney General's office was particularly concerned with the wording of the bill that could leave them without sufficient funding for this program.
NVAR is supportive of this measure.
Collection of Delinquent Municipal Utility Charges
Requested by the League of Cities and Municipalities, AB8 would expand the authority of a city who provide utility services to add delinquent utility charges to the tax roll. Cities currently have that ability for sewerage only.
During the hearing in front of the Assembly Commerce and Labor Committee, the League of Cities and Municipalities presented an amendment that would only expand the cities' authority to do so for sewerage, storm drainage or water services, or any combination of those services instead of all utility services. This language would be the same as the authority granted to counties under current law.
The impact of rolling delinquent charges onto the tax roll is that a city could potentially put a lien on a property because those charges become taxes owed to the city.
NVAR is monitoring this bill.
Residential Tax for Schools
AB120 would require a county or city to notify the school district when a project involving more than five residential units is proposed. The school board then would have to submit an impact statement on the school district for the proposed project.
Current law authorizes a school district in a county whose population is less than 55,000 to request that a county impose a residential tax for school construction, remodel and additions. AB120 would allow all school districts, regardless of population, to do so, and would add school modernization and furniture, fixture and equipment acquisition to the list of expenses to be funded by the residential tax. It also would require the county to approve such a tax, unless the county commission finds that the request is not justified.
NVAR is opposed to this bill. It was heard by the Assembly Committee on Government Affairs on March 1. The Nevada State Education Association testified in support of the bill. There was opposition from the Builders Associations across the state, the Chambers of Commerce, along with a few other organizations. A working group has been created to see if there is any form of a compromise. Your Lobbying Team will participate in the working group.
2017 SESSION BY THE NUMBERS
The 79th Session of the Nevada Legislature began on February 6, 2017, and will adjourn sine die on June 6, 2017.
|# of BDRs
|# of Senate Bills
|# of Assembly Bills
|Bills Tracked by NVAR
||Bill Introductions by Legislators
||Bill Introductions by Committees
||First House Committee Passage
||First House Passage
||Second House Committee Passage
||Second House Passage
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