SB107 - Revises provisions relating to housing. (BDR 18-83)

S.B. 107 - *SB107* SENATE BILL NO. 107–SENATOR NEAL PREFILED JANUARY 21, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to housing. (BDR 18-83) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to housing; revising various provisions relating to discrimination in housing; providing civil penalties and other remedies for certain violations; authorizing the Nevada Equal Rights Commission within the Department of Employment, Training and Rehabilitation to enter into certain agreements with the United States Department of Housing and Urban Development for the Commission to investigate and enforce laws relating to fair housing as a certified agency under federal law; providing that certain conduct relating to an applicant or tenant’s arrest record constitutes an unlawful discriminatory practice in housing; providing that certain requirements relating to guarantors constitutes an unlawful discriminatory practice in housing; requiring a landlord to provide to a tenant a statement relating to utility service in certain circumstances; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law creates the Nevada Equal Rights Commission within the 1 Department of Employment, Training and Rehabilitation. (NRS 232.910, 233.030) 2 The Commission is authorized to investigate and conduct hearings concerning acts 3 of prejudice with regard to housing, employment and public accommodations. 4 (NRS 233.150) Existing law sets forth the Nevada Fair Housing Law to prohibit 5 discrimination in housing. (NRS 118.010-118.120) In addition, the federal Fair 6 Housing Act of 1968, as amended, prohibits discrimination in the sale, rental and 7 financing of dwellings and in other housing-related transactions. (42 U.S.C. §§ 8 3601 et seq.) 9 – 2 – - *SB107* Sections 15, 18 and 19 of this bill revise references to the types of 10 discrimination from which persons are protected in Nevada to conform to federal 11 law. 12 Section 19 authorizes the Commission to initiate a complaint alleging an 13 unlawful discriminatory practice in housing. Section 21 of this bill requires the 14 Commission to investigate each complaint which alleges an unlawful 15 discriminatory practice in housing and to attempt to resolve the issues raised in the 16 complaint through informal negotiations with the parties. Section 22 of this bill 17 requires the Commission to serve upon a complainant certain information. 18 Section 12 of this bill establishes new procedures and requirements with 19 respect to investigations and administrative hearings concerning such complaints. 20 Following the Commission’s investigation of a complaint, if the Administrator of 21 the Commission determines that probable cause exists to believe that an unlawful 22 discriminatory practice in housing has occurred or is about to occur, section 12 23 requires the Attorney General to: (1) prepare a notice of hearing and serve the 24 notice upon the parties; and (2) unless a party elects to have the matter determined 25 by a court, prepare and prosecute the complaint in a public hearing before the 26 Commission. If the Commission, based on a preponderance of the evidence, 27 determines that an unlawful discriminatory practice in housing has occurred, 28 section 12 authorizes the Commission to issue an order to cease and desist, order 29 appropriate injunctive or other equitable relief, award actual damages, impose civil 30 penalties and award costs and attorney’s fees. Section 26 of this bill makes a 31 conforming change to eliminate a requirement for the Commission to hold an 32 informal meeting of the parties. 33 Section 13 of this bill provides for the determination of a complaint by a court 34 instead of the Commission. Section 14 of this bill establishes procedures for the 35 judicial review of a final decision of the Commission. 36 Sections 2-11 and 16 of this bill move definitions in existing law relating to the 37 Commission and define various terms relating to the complaint process. Sections 38 22-24, 26 and 27 of this bill make conforming changes to existing law to 39 incorporate those terms. Section 25 of this bill makes a conforming change to refer 40 to a provision that has been renumbered in section 24. 41 Existing law prohibits the Commission from entering into certain agreements 42 with the United States Department of Housing and Urban Development for the 43 Commission to investigate and enforce laws relating to fair housing as a certified 44 agency under federal law unless the Legislature expressly authorizes the 45 Commission to do so. (NRS 233.153) Section 20 of this bill authorizes the 46 Commission to enter into such an agreement without legislative approval. 47 Section 28 of this bill provides that the provisions of existing law relating to 48 the judicial review of decisions of the Commission concerning unlawful 49 discriminatory practice in housing prevail over the provisions of the Nevada 50 Administrative Procedure Act. (Chapter 233 of NRS) 51 Section 32 of this bill prohibits, with certain exceptions, a person seeking to 52 rent or lease a dwelling, or renting or leasing a dwelling, from: (1) refusing to rent 53 or lease, or refusing to negotiate to rent or lease, a dwelling to an applicant on the 54 basis of the applicant’s arrest record; (2) making, printing or publishing any notice, 55 statement or advertisement relating to the rental or lease which indicates a 56 preference based on the arrest record of an applicant; and (3) evicting a tenant from 57 a dwelling on the basis of his or her arrest record. Section 32 also requires a person 58 who makes a dwelling available for rent or lease to provide each applicant with 59 information on how to file an appeal of a denial to rent or lease or file a complaint 60 with the Commission. Section 32 limits the applicability of these provisions to any 61 dwelling unit that is owned by a natural person and contains five or more dwelling 62 units. For purposes of section 32, a “dwelling” is defined, with certain exceptions, 63 as: (1) public housing; (2) any housing that is rented or leased to a tenant pursuant 64 – 3 – - *SB107* to a contract with a housing authority; or (3) any housing which accepts vouchers 65 for rental payment. A “dwelling” does not include: (1) a manufactured home; or (2) 66 a single-family house owned by a natural person or any other housing that is owned 67 by a natural person and has four or fewer dwelling units. 68 Section 33 of this bill prohibits a person seeking to rent or lease a dwelling, or 69 renting or leasing a dwelling from: (1) requiring a guarantor on a contract to rent or 70 lease a dwelling to provide proof of income in an amount greater than two times the 71 monthly rent or lease; (2) refusing to rent or lease or refusing to negotiate to rent or 72 lease a dwelling to an applicant because a guarantor has not provided proof of 73 income in an amount greater than two times the monthly rent or lease; or (3) 74 making, printing or publishing any notice, statement or advertisement relating to 75 the rental or lease of a dwelling which indicates a requirement for a guarantor to 76 provide proof of income in an amount greater than two times the monthly rent. 77 Sections 34-45 of this bill amend the Nevada Fair Housing Law to conform to 78 federal law. Section 36 revises the definition of “disability” to exclude any current 79 illegal use of or addiction to a controlled substance. Sections 37 and 38 revise the 80 definitions of “dwelling” and “person,” respectively. Sections 30 and 31 of this bill 81 define the terms “aggrieved person” and “unlawful discriminatory practice in 82 housing,” respectively. 83 Section 39 revises the prohibited practices which constitute an unlawful 84 discriminatory practice in housing in Nevada. Section 39 prohibits discrimination 85 in real estate-related transactions. Section 39 also sets forth certain exceptions to 86 the application of its provisions. 87 Section 40 prohibits a person from refusing to: (1) allow a person with a 88 disability to make reasonable modifications to a dwelling which may be necessary 89 to afford the person with a disability full enjoyment of the dwelling, if the person 90 with a disability pays for the modifications; or (2) make reasonable 91 accommodations in rules, policies, practices or services which may be necessary to 92 afford a person with a disability equal opportunity to use and enjoy the dwelling. 93 Section 41 revises accessibility requirements relating to the design and 94 construction of a covered multifamily dwelling. Section 42 revises provisions 95 prohibiting a landlord from refusing to rent a dwelling to a person with a disability 96 with a service animal. 97 Sections 43-45 revise provisions governing civil actions to enforce certain 98 provisions relating to discrimination in housing. 99 The Residential Landlord and Tenant Act sets forth certain rights and 100 obligations of a landlord and tenant for certain residential tenancies in this State. 101 (Chapter 118A of NRS) Section 46 of this bill adds to the Act a provision requiring 102 a landlord to provide an itemized statement to a tenant if the tenant pays the 103 landlord for any utility service. 104 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 233 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2 to 14, inclusive, of this 2 act. 3 Sec. 2. “Administrator” means the Administrator of the 4 Commission. 5 Sec. 3. “Aggrieved person” has the meaning ascribed to it in 6 section 30 of this act. 7 – 4 – - *SB107* Sec. 4. “Commission” means the Nevada Equal Rights 1 Commission within the Department of Employment, Training and 2 Rehabilitation. 3 Sec. 5. 1. “Complainant” means a person by whom, or on 4 whose behalf, a complaint is made which alleges an unlawful 5 discriminatory practice over which the Commission has 6 jurisdiction pursuant to this chapter. 7 2. As used in this section, “person” includes the Commission. 8 Sec. 6. “Conciliation” means the attempted resolution of 9 issues raised by a complaint, or by the investigation of a 10 complaint, through informal negotiations involving the aggrieved 11 person, the respondent and the Commission. 12 Sec. 7. “Disability” has the meaning ascribed to it in 13 NRS 118.045. 14 Sec. 8. “Familial status” has the meaning ascribed to it in 15 NRS 118.065. 16 Sec. 9. “Member” means a member of the Commission. 17 Sec. 10. “Respondent” means a natural person or other 18 person against whom a complaint is made which alleges an 19 unlawful discriminatory practice and over which the Commission 20 has jurisdiction pursuant to this chapter. 21 Sec. 11. “Unlawful discriminatory practice in housing” has 22 the meaning ascribed to it in section 31 of this act. 23 Sec. 12. 1. When a complaint is filed in which allegations, 24 if true, would support a finding of an unlawful discriminatory 25 practice in housing: 26 (a) The Commission shall, to the extent practicable throughout 27 the complaint process, engage in conciliation with respect to the 28 complaint. If an agreement is reached with regard to the matters 29 alleged in the complaint, no further action may be taken by the 30 complainant or the Commission with regard to the matters alleged 31 in the complaint. 32 (b) Each conciliation agreement between a complainant and a 33 respondent must be approved by the Commission. The 34 Commission may reject any conciliation agreement that it 35 determines is not in the public interest. A conciliation agreement 36 may provide for binding arbitration of the matters alleged in the 37 complaint and for the awarding of any appropriate relief in the 38 arbitration, including, without limitation, monetary relief. 39 (c) The Commission shall make a conciliation agreement 40 public, unless the complainant and the respondent agree that it 41 not be made public and the Commission determines that public 42 disclosure of the agreement would not further the purposes of this 43 chapter or NRS 118.010 to 118.120, inclusive, and sections 30 to 44 33, inclusive, of this act. 45 – 5 – - *SB107* 2. The Commission shall, at the conclusion of any 1 investigation required by NRS 233.157, prepare a final 2 investigative report containing: 3 (a) The name and the date of contact with each witness; 4 (b) A summary of and the dates of correspondence and other 5 contact with the complainant and the respondent; 6 (c) A summary description of other pertinent records; 7 (d) A summary of witness statements; and 8 (e) Answers to interrogatories. 9  The Commission may amend the final investigative report if 10 additional evidence is discovered. 11 3. If, at the conclusion of an investigation required by NRS 12 233.157, the Administrator determines that there is not probable 13 cause to believe that an unlawful discriminatory practice in 14 housing has occurred or is about to occur, the Administrator shall 15 dismiss the complaint and notify the complainant and the 16 respondent. 17 4. If, at the conclusion of an investigation required by NRS 18 233.157, the Administrator determines that there is probable cause 19 to believe that an unlawful discriminatory practice in housing has 20 occurred or is about to occur, and attempts at conciliation have 21 failed: 22 (a) The Attorney General shall prepare a notice of hearing 23 that complies with the requirements of NRS 233B.121 and serve a 24 copy of the notice upon the complainant, the aggrieved person and 25 the respondent, together with a notice of the right, in lieu of the 26 hearing, to elect to have the matter determined in a civil action in 27 a court of competent jurisdiction pursuant to section 13 of this act. 28 (b) Any aggrieved person may intervene as a party in the 29 proceeding. 30 5. Unless an election is made to have the matter determined 31 in a court of competent jurisdiction pursuant to section 13 of this 32 act, the Commission shall hold a public hearing on the matter in 33 conformance with the requirements of chapter 233B of NRS, 34 except that the provisions of subsection 5 of NRS 233B.121 and [Text truncated for display. Full text available on LegiScan.]