Sealing of Eviction Records
AB107 was heard on March 22 in Assembly Judiciary. You may remember reading about this one in the Advocate three weeks ago when it was introduced. Since then, the Lobbying Team was successful in discussing our concerns with the bill sponsor, who proposed an amendment to remove our objections from the bill at the hearing.
The intent of the bill is to make sure that tenants are protected when a summary eviction action takes place and the matter is resolved before it goes in front of a judge, or if the tenant prevails in such an action. For example, a tenant could be withholding rent so that the landlord addresses a habitability issue. Another case could be that the tenant receives a pay or quit notice from the landlord, pays the landlord and also files a response with the court - which opens a summary eviction case. If the landlord does not respond within 30 days (because payment has been received), this summary eviction case just lingers on the tenant's record.
With the proposed amendment, in a summary eviction, the court file would have to be sealed automatically if the case is denied or dismissed, or if the landlord fails to file the affidavit of complaint within 30 days after the filing by the tenant, as required by current law. It would also allow the court to order eviction records sealed under certain other circumstances.
NVAR is monitoring this bill, as amended.
Student Loan Program
SB90, introduced by Senator Aaron Ford, would create a student loan program that would allow Nevadans with student loan debt to refinance certain student loans. It would also educate student and prospective students on the cost of post-secondary education as well as information about lending institutions and interest rates. Twelve other states have similar programs.
Senator Ford will be presenting an amendment to make this a pilot program and place participation requirements, such as residency and attending a Nevada higher education institution.
At the March 20 hearing in Senate Government Affairs, NVAR testified that "the share of those with student loan debt rises to 41% among first-time homebuyers. Even among successful homebuyers, this amount of debt is cited as a difficulty in their home buying process."
NVAR supports this bill.
Real Estate Division Budget
Real Estate Administrator Sharath Chandra presented the Division’s budget to the Joint Senate Finance/Assembly Ways and Means Subcommittee on General Government on March 23. He went over two budgets: Real Estate Administration and Common-Interest Communities. The budget request is for $6,876,099 in FY2018 and $6,881,832 in FY2019. That is a flat budget, except for the inclusion of permanent funding for 5.4 FTE that were previously funded through Mortgage Settlement Funds, as requested in the Governor's Budget.
NVAR is monitoring these budget items.
Real Estate Commission Composition
The Real Estate Commission composition is set to provide approximately proportional regional representation. Currently, there are three commissioners from Clark County, one from Washoe County, and one from the remainder of the state.
AB373 would create three "regions" as follows:
- Clark County
- Washoe, Storey and Lyon County, and Carson City
- remainder of the State
It would expand the concept of proportional regional representation to many other boards and commissions. Specifically, for the Real Estate Commission, it would mean that three commissioners would be from Clark County, and the other two regions would get one commissioner each.
NVAR is monitoring this bill. It has not been scheduled for a hearing.
Review of Criminal History for Licensees
Existing law has various licensing requirements and regulations for persons who engage in certain occupations, including real estate licensees. Currently, an applicant must obtain the required education and pass the licensing test before he or she can be vetted by the regulatory body to see whether the body will grant a license when the individual has a criminal history. AB353 would allow a potential applicant to petition the regulatory body before meeting all the other requirements to get a decision from the body as to whether they would grant a license if the other requirements were met.
NVAR opposes this measure. No hearing scheduled.
Changes to Red Rock Canyon Conservation Area and Adjacent Lands Act (2003)
AB277 would restrict local governments' ability to change zoning regulations for areas within five miles of any national conservation or recreation area, including increasing residential density or establishing new nonresidential zoning districts. This bill specifically targets the gypsum mine area near Red Rock Canyon Conservation Area, that a developer wants to turn into a residential community.
NVAR opposes this bill. No hearing scheduled at this time.
Urge Congress to Require Transfer of Federal Public Lands
SJR9 would urge Congress to enact legislation that would require the transfer of federal public lands identified for disposal to the State, a local government or nonprofit entity to enable beneficial use of those lands.
NVAR supports this bill. It has not been scheduled for a hearing yet.
Tenants with Medical Marijuana Card
SB378 is a comprehensive bill dealing with controlled substances. Section 18 of the bill was a concern to the Legislative Management Team, as it would prohibit a landlord from evicting or penalizing a tenant for using medical marijuana if the tenant holds a medical marijuana card.
NVAR opposes section 18. This bill will be heard in Senate Judiciary on March 28.
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 (204)
||Bill Introductions by Committees
||First House Committee Passage
||First House Passage
||Second House Committee Passage
||Second House Passage
In this issue:
2017 Major Investors
Investment completed as of March 23, 2017. Pledges listed for those who have invested at least $300 as of the above date.
Platinum R ($10,000+)
Jack Woodcock (pledge)
Golden R ($5,000+)
Crystal R ($2,500+)
Sterling R ($1,000+)
Forrest Barbee (pledge)
Lee Barrett (pledge)
Chris Bishop (pledge)
Edee Campbell (pledge)
Christina Cova-Simmons (pledge)
Soozi Jones-Walker (pledge)
Dave Tina, Jr.
Dave Tina Sr.
Cherie Williams (pledge)
Association Corporate Investors
NVAR - Platinum R
GLVAR - Platinum R
RSAR - Crystal R
SNAR - Crystal R
SNCCIM - Crystal R
ECAR - Sterling R
IVBOR - Sterling R
For more information, please contact:
Contact Government Affairs Directors