AB68 - Revises provisions relating to housing. (BDR 10-478)

A.B. 68 - *AB68* ASSEMBLY BILL NO. 68–COMMITTEE ON COMMERCE AND LABOR (ON BEHALF OF THE STATE TREASURER) PREFILED NOVEMBER 20, 2024 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to housing. (BDR 10-478) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to consumer reporting; requiring certain landlords to make a written offer to a tenant to report positive rental payment information to at least one consumer reporting agency which meets certain criteria; providing requirements related to the reporting of positive rental payment information; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires a landlord and a tenant to perform certain obligations 1 with respect to a lease of real property. (Chapter 118A of NRS) Section 1 of this 2 bill requires a landlord of a dwelling unit to make a written offer to each tenant to 3 report the positive rental payment information of the tenant to at least one: (1) 4 consumer reporting agency that compiles and maintains files on consumers on a 5 nationwide basis; or (2) consumer reporting agency that resells or otherwise 6 furnishes rental payment information to a consumer reporting agency that compiles 7 and maintains files on consumers on a nationwide basis. Section 1 additionally: (1) 8 prescribes the contents of the written offer; (2) requires a landlord to provide the 9 tenant with a self-addressed, stamped envelope to return the acceptance of the 10 written offer to the landlord; (3) authorizes a tenant to accept the written offer at 11 any time after receipt; (4) authorizes a landlord to charge a fee for the reporting; (5) 12 authorizes a landlord to stop reporting the positive rental payment information if 13 the fee remains unpaid by the tenant for 30 days or more; and (6) requires a 14 landlord to stop reporting the positive rental payment information upon request. 15 Section 1 exempts from these provisions a landlord of a premises that includes 15 16 or fewer rental dwelling units unless the landlord meets certain criteria. 17 – 2 – - *AB68* 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 a new section to read as follows: 2 1. Except as otherwise provided in subsection 9, a landlord of 3 a dwelling unit shall make a written offer to each tenant to report 4 the positive rental payment information of the tenant to at least 5 one: 6 (a) Consumer reporting agency that compiles and maintains 7 files on consumers on a nationwide basis; or 8 (b) Consumer reporting agency that resells or otherwise 9 furnishes rental payment information to a consumer reporting 10 agency that compiles and maintains files on consumers on a 11 nationwide basis. 12 2. The written offer required pursuant to subsection 1 must 13 include: 14 (a) A statement that the reporting of the positive rental 15 payment information of the tenant is optional; 16 (b) The name of each consumer reporting agency to which 17 positive rental payment information will be reported; 18 (c) The amount of any fee charged pursuant to subsection 6; 19 (d) Instructions on how to submit an acceptance of the written 20 offer to the landlord by mail; 21 (e) A statement that the tenant may opt in to the reporting of 22 the positive rental payment information of the tenant at any time 23 following receipt of the written offer from the landlord; 24 (f) A statement that the tenant may elect to stop the reporting 25 of the positive rental payment information of the tenant at any 26 time, but that the tenant will not be able to resume the reporting 27 for at least 6 months after such an election is made; 28 (g) Instructions on how to stop the reporting of the positive 29 rental payment information; and 30 (h) A signature block that the tenant must date and sign in 31 order to accept the written offer. 32 3. The landlord shall make the written offer required 33 pursuant to subsection 1 at the time of the lease agreement and at 34 least annually thereafter. 35 4. When the landlord makes the written offer required 36 pursuant to subsection 1, the landlord shall provide the tenant 37 with a self-addressed, stamped envelope to return the acceptance 38 of the written offer to the landlord. 39 5. A tenant may accept a written offer to report the positive 40 rental payment information of the tenant at any time after the 41 – 3 – - *AB68* tenant receives the written offer. Upon request by a tenant, at any 1 time, the landlord shall provide the tenant additional copies of the 2 written offer. 3 6. If a tenant accepts the written offer to report the positive 4 rental payment information of the tenant, the landlord may 5 require the tenant to pay a fee in an amount not to exceed the 6 actual cost to the landlord to report the positive rental payment 7 information or $10 per month, whichever is less. If the landlord 8 does not incur any actual cost to report the positive rental payment 9 information, the landlord shall not charge the tenant any fee for 10 the reporting. 11 7. If a tenant fails to pay a fee charged pursuant to 12 subsection 6: 13 (a) The failure to pay the fee shall not be cause for termination 14 of the tenancy; 15 (b) The landlord shall not deduct the unpaid fee from the 16 security deposit of the tenant or any surety bond purchased by the 17 tenant in lieu of paying all or part of the security deposit; 18 (c) The failure to pay the fee shall not be reported to a 19 consumer reporting agency; and 20 (d) If the fee remains unpaid for 30 days or more, the landlord 21 may stop reporting the positive rental payment information of the 22 tenant and the tenant may not elect to resume the reporting for 6 23 months from the date on which the fee first became due. 24 8. A tenant who accepts the written offer to report the positive 25 rental payment information of the tenant may subsequently file a 26 written request with the landlord to stop the reporting. The 27 landlord shall comply with this request. The tenant may not elect 28 to resume the reporting for at least 6 months from the date of the 29 tenant’s written request to stop the reporting. 30 9. The provisions of this section do not apply to a landlord of 31 a premises that includes 15 or fewer dwelling units for occupancy 32 under a rental agreement unless: 33 (a) The landlord is the owner of more than one premises that 34 includes at least one dwelling unit for occupancy under a rental 35 agreement, regardless of the number of dwelling units at each 36 premises; and 37 (b) The landlord is: 38 (1) A real estate investment trust, as defined in 26 U.S.C. 39 § 856; 40 (2) A corporation; or 41 (3) A limited liability company in which at least one 42 member is a corporation. 43 10. For purposes of this section: 44 – 4 – - *AB68* (a) “Consumer reporting agency” has the meaning ascribed to 1 it in 15 U.S.C. § 1681a(f). 2 (b) “Consumer reporting agency that compiles and maintains 3 files on consumers on a nationwide basis” has the meaning 4 ascribed to it in 15 U.S.C. § 1681a(p). 5 Sec. 2. On or before October 1, 2025, a landlord shall provide 6 the written offer required pursuant to subsection 1 of section 1 of 7 this act to each tenant who is a party to a rental agreement entered 8 into before July 1, 2025. 9 Sec. 3. This act becomes effective on July 1, 2025. 10 H