NRS 118.105 Landlordmay not refuse to rent dwelling because person with disability will reside withanimal that provides assistance, support or service.

NRS 118.110 Aggrievedperson may file complaint.

NRS 118.115 Effectof violation of state or federal laws in proceeding for possession of dwelling.

NRS 118.120 Actionsfor injunction or damages.

PROPERTY TAXES PAID BY LANDLORD

NRS 118.165 Disclosureof portion of rent which represents property taxes; reduction of rent; penaltyfor failure to reduce rent; enforcement.

ABANDONMENT OF REAL PROPERTY BY TENANT

NRS 118.171 Definitions.

NRS 118.175 Liabilityof tenant.

NRS 118.185 Dateof termination of rental agreement.

NRS 118.195 Noticeby landlord of his belief that property has been abandoned; property deemedabandoned unless disputed by tenant.

NRS 118.205 Requirementsfor notice.

_________

DISCRIMINATION IN HOUSING

NRS 118.010 Shorttitle. The provisions of NRS 118.010 to 118.120, inclusive, may be cited as theNevada Fair Housing Law.

(Added to NRS by 1971, 729; A 1973, 1109; 1977, 1348,1606)

NRS 118.020 Declarationof public policy of State.

1. It is hereby declared to be the public policy ofthe State of Nevada that all people in the State have equal opportunity toinherit, purchase, lease, rent, sell, hold and convey real property withoutdiscrimination, distinction or restriction because of race, religious creed,color, national origin, disability, ancestry, familial status or sex.

2. Nothing in this chapter shall be deemed to renderenforceable a conveyance or other contract made by a person who lacks thecapacity to contract.

(Added to NRS by 1971, 729; A 1973, 195; 1991, 1020,1980; 1991, 1020, 1980)

NRS 118.030 Definitions. As used in NRS 118.010to 118.120, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 118.040 to 118.090, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1971, 729; A 1973, 1109; 1977, 1606;1991, 1020, 1980; 1999,1228)

NRS 118.040 Commissiondefined. Commission means the Nevada EqualRights Commission.

(Added to NRS by 1971, 730; A 1975, 221)

NRS 118.045 Disabilitydefined. Disability means, with respect to aperson:

1. A physical or mental impairment that substantiallylimits one or more of the major life activities of the person;

2. A record of such an impairment; or

3. Being regarded as having such an impairment.

(Added to NRS by 1991, 1020)

NRS 118.050 Discriminatedefined. Discriminate includes both segregateand separate.

(Added to NRS by 1971, 730)

NRS 118.060 Dwellingdefined.

1. Dwelling means any building, structure or portionthereof which is occupied as, or designed or intended for occupancy as, aresidence by one or more families, and any vacant land which is offered forsale or lease for the construction or location thereon of any such building,structure or portion thereof.

2. Dwelling does not include:

(a) A single-family house sold or rented by an ownerif:

(1) The owner does not own more than threesingle-family houses at any one time or the owner does not own any interest in,nor is there owned or reserved on his behalf, under any express or voluntaryagreement, title to or any right to all or a portion of the proceeds from thesale or rental of, more than three single-family houses at any one time; and

(2) The house was sold or rented without the usein any manner of the sales or rental facilities or the sales or rental servicesof any real estate broker, real estate broker-salesman or real estate salesmanlicensed pursuant to chapter 645 of NRS.

(b) Rooms or units in dwellings containing livingquarters occupied or intended to be occupied by not more than four familiesliving independently of each other if the owner actually maintains and occupiesone of the living quarters as his residence and the owner has not within thepreceding 12-month period participated:

(1) As the principal in three or moretransactions involving the sale or rental of any dwelling or any interesttherein; or

(2) As an agent, otherwise than in the sale ofhis own personal residence in providing sales or rental facilities or sales orrental services in two or more transactions involving the sale or rental of anydwelling or any interest therein.

3. The sale of a single-family house by an owner notresiding in that house at the time of the sale or who was not the most recentresident of that house before the sale does not bring the house within thedefinition of dwelling unless there is more than one such sale within any 24-monthperiod.

(Added to NRS by 1971, 730; A 1995, 404; 1997, 50)

NRS 118.065 Familialstatus defined. Familial status means thefact that a person:

1. Lives with a child under the age of 18 and has:

(a) Lawful custody of the child; or

(b) Written permission to live with the child from theperson who has lawful custody of the child;

2. Is pregnant; or

3. Has begun a proceeding to adopt or otherwise obtainlawful custody of a child.

(Added to NRS by 1991, 1979; A 1995, 1987)

NRS 118.070 Familydefined. Family includes a singleindividual.

(Added to NRS by 1971, 730)

NRS 118.080 Persondefined. Person includes the State of Nevadaand all political subdivisions and agencies thereof.

(Added to NRS by 1971, 730; A 1985, 507; 1991, 1020,1980; 1995, 1987)

NRS 118.090 Rentdefined. Rent means rent, lease, sublease,let or otherwise grant for a consideration the right to occupy premises notowned by the occupant.

(Added to NRS by 1971, 731)

NRS 118.095 Regulations. The Commission may adopt regulations, consistent with thefair housing provisions of 42 U.S.C. 3601 et seq., to carry out theprovisions of NRS 118.010 to 118.120, inclusive.

(Added to NRS by 1991, 1980)

NRS 118.100 Prohibitedacts and practices.

1. Except as otherwise provided in subsection 2, aperson shall not, because of race, religious creed, color, national origin,disability, ancestry, familial status or sex:

(a) Refuse to sell or rent or refuse to negotiate forthe sale or rental of, or otherwise make unavailable or deny, a dwelling to anyperson.

(b) Discriminate against any person in the terms,conditions or privileges of sale or rental of a dwelling, including the amountof breakage or brokerage fees, deposits or other undue penalties, or in theprovision of services or facilities in connection therewith.

(c) Make, print or publish, or cause to be made,printed or published, any notice, statement or advertisement with respect tothe sale or rental of a dwelling that indicates any preference, limitation ordiscrimination, or an intention to make any preference, limitation ordiscrimination. As used in this paragraph, dwelling includes a house, room orunit described in subsection 2 or 3 of NRS118.060.

(d) Represent to any person because of race, religiouscreed, color, national origin, disability, ancestry, familial status or sexthat any dwelling is not available for inspection, sale or rental when thedwelling is in fact so available.

(e) For profit, induce or attempt to induce any personto sell or rent any dwelling by representations regarding the entry orprospective entry into the neighborhood of a person of a particular race,religious creed, color, national origin, disability, ancestry, familial statusor sex.

(f) Coerce, intimidate, threaten or interfere with anyperson in the exercise or enjoyment of, or on account of that person havingaided or encouraged any other person in the exercise or enjoyment of, any rightgranted or protected in this chapter.

2. The provisions of subsection 1 do not prohibit anyact that is not prohibited by the provisions of the Fair Housing Act of 1968(42 U.S.C. 3601 et seq.), as amended.

(Added to NRS by 1971, 731; A 1973, 195; 1991, 1020,1980; 1995, 405; 1997, 51)

NRS 118.101 Modificationof dwelling by person with disability.

1. A person may not refuse to:

(a) Authorize a person with a disability to makereasonable modifications to a dwelling which he occupies or will occupy if:

(1) The person with the disability pays for themodifications; and

(2) The modifications are necessary to ensurethat the person with the disability may use and enjoy the dwelling; or

(b) Make reasonable accommodations in rules, policies,practices or services if those accommodations are necessary to ensure that theperson with the disability may use and enjoy the dwelling.

2. A landlord may, as a condition for theauthorization of such a modification, reasonably require the person whorequests the authorization, upon the termination of his occupancy, to restorethe dwelling to the condition that existed before the modification, reasonablewear and tear excepted.

3. Except as otherwise provided in subsection 4, alandlord may not increase the amount of security he customarily requires a personto deposit because that person has requested authorization to modify a dwellingpursuant to subsection 1.

4. If a person requests authorization to modify adwelling pursuant to subsection 1, the landlord may require that person todeposit a reasonable amount of security in addition to the amount he usuallyrequires if the additional amount:

(a) Is necessary to ensure the restoration of thedwelling pursuant to subsection 2;

(b) Does not exceed the actual cost of the restoration;and

(c) Is deposited by the landlord in an interest-bearingaccount. Any interest earned on the additional amount must be paid to theperson who requested the authorization.

5. As used in this section, security has the meaningascribed to it in NRS 118A.240.

(Added to NRS by 1995, 1986)

NRS 118.103 Constructionof certain covered multifamily dwellings to provide access to person withdisability.

1. A covered multifamily dwelling which is designedand constructed for occupancy on or after March 13, 1991, must be constructedin such a manner that the dwelling contains at least one entrance which isaccessible to a person with a disability unless it is impracticable to sodesign or construct the dwelling because of the terrain or unusualcharacteristics of the site upon which it is constructed.

2. A covered multifamily dwelling which contains atleast one entrance which is accessible to a person with a disability must beconstructed in such a manner that:

(a) The common areas of the dwelling are readilyaccessible to and usable by a person with a disability;

(b) The doors of the dwelling are sufficiently wide toallow a person with a disability to enter and exit in a wheelchair;

(1) An accessible route into and through thedwelling;

(2) Reinforcements in the bathroom walls so thatbars for use by a person with a disability may be installed therein; and

(3) Kitchens and bathrooms in which a person ina wheelchair may maneuver; and

(d) The light switches, electrical outlets, thermostatsor any other environmental controls in the units of the dwelling are placed insuch a manner that they are accessible to a person in a wheelchair.

3. As used in this section, covered multifamilydwelling means:

(a) A building which consists of four or more units andcontains at least one elevator; or

(b) The units located on the ground floor of any otherbuilding which consists of four or more units.

(Added to NRS by 1995, 1987)

NRS 118.105 Landlordmay not refuse to rent dwelling because person with disability will reside withanimal that provides assistance, support or service.

1. Except as otherwise provided in subsection 2, alandlord may not refuse to rent a dwelling subject to the provisions of chapter 118A of NRS to a person with adisability solely because an animal will be residing with the prospectivetenant in the dwelling if the animal assists, supports or provides service tothe person with a disability.

2. A landlord may require proof that an animalassists, supports or provides service to the person with a disability. Thisrequirement may be satisfied, without limitation, by a statement from aprovider of health care that the animal performs a function that amelioratesthe effects of the persons disability.

(Added to NRS by 1977, 1347; A 1981, 1915; 1987, 824;1991, 1021, 1981; 2003,2975; 2005, 630)

NRS 118.110 Aggrievedperson may file complaint. Any aggrievedperson who claims to have been injured by a discriminatory housing practice orwho believes that he will be injured by such a practice that is about to occurmay file a complaint with the Commission in the manner prescribed in NRS 233.160.

(Added to NRS by 1971, 731; A 1973, 1109; 1977, 1606;1995, 1987)

NRS 118.115 Effectof violation of state or federal laws in proceeding for possession of dwelling. A tenant has a defense in a summary proceeding or otheraction for possession of a dwelling if the landlords attempt to terminate thetenancy or regain possession violates any provision of NRS 118.010 to 118.120, inclusive, or the Fair Housing Actof 1968, 42 U.S.C. 3601 et seq.

(Added to NRS by 1999, 1228)

NRS 118.120 Actionsfor injunction or damages. Any person may commencean action in any district court in this state to enforce the provisions of NRS 118.100, 207.300, 207.310,645.321 or 645C.480 not less than 1 year after thedate of the occurrence or termination of an alleged violation of any of thoseprovisions. If the court determines that the provisions of any of thosesections have been violated by the defendant, and that the plaintiff has beeninjured thereby, it may enjoin the defendant from continued violation or maytake such other affirmative action as may be appropriate, and, in the case of aprevailing plaintiff, may award to the plaintiff actual damages, punitivedamages, court costs and a reasonable attorneys fee.

(Added to NRS by 1971, 732; A 1977, 1608; 1995, 1988)

PROPERTY TAXES PAID BY LANDLORD

NRS 118.165 Disclosureof portion of rent which represents property taxes; reduction of rent; penaltyfor failure to reduce rent; enforcement.

1. Unless exempted by subsection 3, every landlord ofreal property leased or otherwise rented to a tenant, including every landlordof a mobile home park, shall deliver to the tenant in July of each year, andwhenever the periodic rent changes, a statement which shows separately for eachperiodic payment of rent:

(a) The amount which represents property taxes paid bythe landlord; and

(b) The remainder of that payment.

2. If the property rented is one of several upon whichthe landlord pays taxes together, the amount which represents property taxesmust be calculated by:

(a) Apportioning the total property tax paid for theyear upon the entire property among the individual properties rented accordingto their respective areas.

(b) Reducing the amount so apportioned to eachparticular property for the year by the appropriate fraction to correspond tothe period for which rent on it is paid.

3. This section does not apply to:

(a) Any property covered by a written agreement whichrequires the tenant to pay the property tax or otherwise provides forcalculation and notice to the tenant of its amount.

(b) Any lodging unless it contains its own cooking and toiletfacilities, separate from other living quarters.

(d) Any concession within a larger commercialenterprise, or any other property not customarily used separately from adjacentunits.

(e) Any property for which the rent is a share of salesor profit.

4. The statements required in July 1981 by subsection1 must show, in addition to the information required as of the date thestatement is prepared, the comparable information as of July 1980. Eachlandlord of property which is subject to this section shall reduce the periodicrent otherwise payable by an amount equal to 90 percent of any reduction from1980 to 1981 of the amount which represents property taxes as shown in thestatements required by that subsection.

5. This section does not purport to regulate the totalamount of rent payable.

6. A landlord who fails to reduce the periodic rent inaccordance with subsection 4 is liable to each tenant whose rent was notproperly reduced for an amount equal to three times the amount which wasoverpaid by the tenant, unless the landlord shows good cause for the failure.If the tenant made written demand upon his landlord at least 20 days beforebringing his action under this subsection, a judgment for the tenant must includecosts and a reasonable attorneys fee.

7. The Department of Taxation is responsible forenforcing the provisions of this section.

(Added to NRS by 1979, 1235; A 1981, 298; 1987, 976)

ABANDONMENT OF REAL PROPERTY BY TENANT

NRS 118.171 Definitions. As used in NRS 118.171to 118.205, inclusive, unless thecontext otherwise requires:

1. Real property includes an apartment, a dwelling,a mobile home that is owned by a landlord and located on property owned by thelandlord and commercial premises.

2. Rental agreement means an agreement to lease orsublease real property for a term less than life which provides for theperiodic payment of rent.

3. Tenant means a person who has the right topossess real property pursuant to a rental agreement.

(Added to NRS by 1991, 1039)

NRS 118.175 Liabilityof tenant. If a tenant of real propertyabandons the property, the landlord shall make reasonable efforts to rent it ata fair rental. If the landlord rents the property for a term beginning beforethe expiration of the rental agreement pursuant to its terms or if, despite hisreasonable efforts, the landlord is unable to rent the property before therental agreement is otherwise terminated, the former tenant is liable for anyactual damages of the landlord which may result from the abandonment. If thelandlord fails to make reasonable efforts to rent the property at a fairrental, the former tenant is liable for any actual damages of the landlord occurringbefore the landlord had reason to believe that the property was abandoned. Ifthe tenancy is from month to month or week to week, the term of the rental agreementfor this purpose is deemed to be a month or a week, as the case may be.

(Added to NRS by 1977, 1347; A 1991, 1040)

NRS 118.185 Dateof termination of rental agreement. If atenant of real property abandons the property before the expiration of therental agreement pursuant to its terms, the rental agreement terminates when:

1. The tenant provides his landlord with notice of hisintention to abandon the property, and the landlord accepts the surrender ofthe property;

2. His landlord rents the property to another tenant;

3. The property is deemed to be abandoned pursuant to NRS 118.195;

4. The rental agreement is terminated by court orderor pursuant to the provisions of chapter 118Aof NRS; or

5. The rental agreement expires pursuant to its terms,

whicheveroccurs first.

(Added to NRS by 1991, 1039)

NRS 118.195 Noticeby landlord of his belief that property has been abandoned; property deemedabandoned unless disputed by tenant.

1. If a landlord of real property reasonably believesthat his tenant has abandoned the property, and the tenant is in default in thepayment of rent, the landlord may serve the tenant with a written notice of hisbelief that the property has been abandoned. If the tenant fails, within 5 daysafter service of the notice by the landlord, to:

(a) Pay the rent due; and

(b) Provide the landlord with a written notice:

(1) Stating his intention not to abandon theproperty; and

(2) Setting forth an address at which the tenantmay be served with legal process,

the propertyshall be deemed abandoned by the tenant and the rental agreement shall bedeemed terminated. The property shall not be deemed abandoned if the tenantpays the rent due and provides the written notice within the prescribed time.

2. Real property shall not be deemed abandonedpursuant to this section if the tenant proves that at the time the landlordserved notice:

(a) The tenant was not in default in the payment ofrent; or

(b) It was not reasonable for the landlord to believethat the tenant had abandoned the real property. The fact that the landlordknew that the tenant left personal property on the real property does not, ofitself, justify a finding that the landlord did not reasonably believe that thetenant had abandoned the real property.

3. The provisions of this section do not preclude alandlord or tenant from otherwise proving that real property has beenabandoned.

(Added to NRS by 1991, 1040)

NRS 118.205 Requirementsfor notice. A notice provided by a landlord toa tenant pursuant to NRS 118.195:

1. Must advise the tenant of the provisions of thatsection and specify:

(a) The address or other location of the property;

(b) The date upon which the property will be deemedabandoned and the rental agreement terminated; and

2. Must be served pursuant to subsection 1 of NRS 40.280.

3. May be included in the notice required bysubsection 1 of NRS 40.253.

(Added to NRS by 1991, 1040)

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