SB261 - Revises provisions relating to housing. (BDR 3-581)

REQUIRES TWO-THIRDS MAJORITY VOTE (§ 2) S.B. 261 - *SB261* SENATE BILL NO. 261–SENATORS DOÑATE, KRASNER, STONE, HANSEN; DALY AND NGUYEN MARCH 3, 2025 ____________ JOINT SPONSOR: ASSEMBLYMEMBER GALLANT ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to housing. (BDR 3-581) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§ 2) (NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to housing; authorizing certain persons to file a complaint to request that a sheriff remove an unlawful or unauthorized occupant of a dwelling on the real property of the person; requiring the Administrator of the Housing Division of the Department of Business and Industry to prescribe by regulation a form to authorize a local law enforcement agency to enter certain properties that are listed for sale when a person forcibly enters or detains such a property; authorizing a sheriff to collect certain fees for serving a notice to vacate and for performing certain other actions; revising the crime of forcible detainer; providing penalties; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law sets forth certain procedures for the removal of a person who is 1 guilty of forcible entry or forcible detainer. (NRS 40.230, 40.240, 40.414) Under 2 this process, the owner of the real property, an authorized representative of the 3 owner or the occupant who is authorized by the owner to be in possession of the 4 real property is required to serve a notice to surrender on an unlawful or 5 unauthorized occupant who committed the forcible entry or forcible detainer. After 6 a notice to surrender is served, the unlawful or unauthorized occupant is required 7 to: (1) surrender the real property; (2) request that a court stay the execution of a 8 – 2 – - *SB261* summary order for removal; or (3) contest the matter by filing, within a certain 9 period of time, an affidavit with the court. After the notice to surrender has expired, 10 the owner of the real property or authorized representative or occupant may apply 11 by affidavit of complaint for eviction to the court, which may, upon review of the 12 affidavits or upon a hearing, take certain actions including ordering the removal of 13 the unlawful or unauthorized occupant. (NRS 40.414) 14 In lieu of following this procedure, section 2 of this bill authorizes an owner of 15 real property, an authorized representative of the owner or the occupant who is 16 authorized by the owner to be in possession of the real property to submit a written 17 complaint to request that the sheriff remove an unlawful or unauthorized occupant 18 who forcibly enters or detains a dwelling on the property of the owner if: (1) the 19 real property was not open to the public at the time the forcible entry or detainer 20 occurred or the owner of the real property or authorized representative or occupant 21 directed the unlawful or unauthorized occupant to surrender the real property; (2) 22 the unlawful or unauthorized occupant is not the current or former tenant of the 23 dwelling, an owner or co-owner of the real property and is not listed on the title, 24 and is not an immediate family member of the owner of the real property; and (3) 25 there is no pending litigation related to the real property between the owner of the 26 real property and the unlawful or unauthorized occupant. Section 2 prescribes the 27 form of such a complaint and requires the sheriff to verify the complaint. After 28 the sheriff verifies the complaint, the sheriff is required to serve a notice to vacate 29 and perform certain other acts. Section 2 authorizes a sheriff to charge certain fees 30 for: (1) serving such a notice; and (2) at the request of the owner of the real 31 property, remaining at the real property while the owner of the real property 32 performs certain actions to regain possession of the real property. A person who 33 submits a false statement or claim made on a form completed pursuant to section 2 34 is guilty of perjury, which is a category D felony. (NRS 199.120) 35 Existing law provides that a person is guilty of forcible detainer if the person: 36 (1) unlawfully holds and keeps the possession of any real property by force or 37 threats of violence; or (2) enters real property without the authority of certain 38 persons and who, after receiving notice to surrender, fails to surrender the property. 39 (NRS 40.240) Section 6 of this bill provides that a person who fails to surrender 40 any real property after receiving notice to vacate pursuant to section 2 is also guilty 41 of forcible detainer. 42 Section 3 of this bill requires the Administrator of the Housing Division of the 43 Department of Business and Industry to prescribe by regulation the content of and 44 instructions for completing a form for a seller of certain real property to authorize a 45 local law enforcement agency to enter the real property if a person has forcibly 46 entered or detained a dwelling on the real property. The Administrator must provide 47 the form to title companies, real estate brokers and real estate salespersons in this 48 State for distribution to sellers of real property. Section 3 authorizes the 49 Administrator to consult with sheriffs and local law enforcement officials in this 50 State regarding the contents of the form. Additionally, section 3 authorizes a local 51 law enforcement agency to distribute the form at any time. 52 Section 4 of this bill applies the definitions in existing law governing summary 53 proceedings for obtaining possession of real property to the provisions of sections 2 54 and 3. 55 Sections 5 and 6 of this bill make conforming changes to authorize certain 56 persons to use the procedure set forth in section 2, in lieu of the procedures set 57 forth in existing law, for the removal of a person who is guilty of forcible entry and 58 forcible detainer. 59 Section 7 of this bill makes a conforming change to authorize a sheriff to 60 collect certain fees under section 2. 61 – 3 – - *SB261* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 40 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2 and 3 of this act. 2 Sec. 2. 1. In lieu of the remedy provided in NRS 40.290 to 3 40.420, inclusive, when a person is guilty of forcible entry or 4 forcible detainer of a dwelling on real property, the owner of the 5 real property, an authorized representative of the owner or the 6 occupant who is authorized by the owner to be in possession of 7 the real property may seek to recover possession of the dwelling by 8 submitting a written complaint on the form prescribed by 9 subsection 2 to request that the sheriff of the county in which the 10 real property at issue is located remove the unlawful or 11 unauthorized occupant if: 12 (a) The real property was not open to the public at the time the 13 forcible entry or forcible detainer occurred; 14 (b) The owner of the real property, or an authorized 15 representative of the owner or the occupant who is authorized by 16 the owner to be in possession of the real property directed the 17 unlawful or unauthorized occupant who forcibly entered or 18 detained the real property to surrender the real property; 19 (c) The unlawful or unauthorized occupant is not: 20 (1) The current or former tenant of the dwelling on the real 21 property; 22 (2) An owner or a co-owner of the real property and is not 23 listed on the title to the real property, unless the unlawful or 24 unauthorized occupant has engaged in title fraud; or 25 (3) An immediate family member of the owner of the real 26 property; and 27 (d) There is no pending litigation related to the real property 28 between the owner of the real property and the unlawful or 29 unauthorized occupant, if the identity of the unlawful or 30 unauthorized occupant is known. 31 2. A complaint made pursuant to subsection 1 must be in 32 substantially the following form: 33 34 COMPLAINT TO REMOVE PERSON WHO FORCIBLY 35 ENTERED OR DETAINED DWELLING 36 37 I, the owner of the real property or the authorized 38 representative of the owner or the occupant who is 39 authorized by the owner to be in possession of the real 40 property located at .........., declare under the penalty of 41 perjury that: 42 – 4 – - *SB261* 1. .......... I am the owner of the real property or the 1 authorized representative of the owner or the occupant who 2 is authorized by the owner to be in possession of the real 3 property. 4 2. .......... I purchased the property on .........., or I 5 became the authorized representative of the owner or an 6 occupant who is authorized by the owner to be in possession 7 of the real property on .......... 8 3. .......... The real property contains a dwelling. 9 4. .......... An unlawful or unauthorized occupant 10 forcibly entered or detained the dwelling and continues to 11 occupy the real property. 12 5. .......... The real property was not open to the public 13 at the time the forcible entry or detainer occurred. 14 6. .......... I directed the unlawful or unauthorized 15 occupant to surrender the real property and the unlawful or 16 unauthorized occupant has not surrendered the real 17 property. 18 7. .......... The unlawful or unauthorized occupant is not 19 a current or former tenant of the dwelling on the real 20 property. 21 8. .......... The unlawful or unauthorized occupant is not 22 an owner or a co-owner of the real property and is not listed 23 on the title to the real property, unless the unlawful or 24 unauthorized occupant has engaged in title fraud. 25 9. .......... The unlawful or unauthorized occupant is not 26 an immediate family member of the owner of the real 27 property. 28 10. .......... There is no pending litigation related to the 29 real property between the owner of the real property and the 30 unlawful or unauthorized occupant, if the identity of 31 the unlawful or unauthorized occupant is known. 32 11. .......... I understand that a person or persons 33 removed from the real property pursuant to this procedure 34 may bring a cause of action against me for any false 35 statements made in this complaint or for unlawfully using 36 this procedure and that as a result of such action, I may be 37 held liable for actual damages, penalties, costs and 38 reasonable attorney’s fees. 39 12. .......... I am requesting the sheriff remove the 40 unlawful or unauthorized occupant from the real property. 41 13. .......... A copy of my valid government-issued 42 identification card is attached and, if I am the authorized 43 representative of the owner or the occupant who is 44 authorized by the owner to be in possession of the real 45 – 5 – - *SB261* property, documents evidencing my authority to act on 1 behalf of the owner of the real property are attached. 2 3 I HAVE READ AND INITIALED EVERY STATEMENT 4 IN THIS PETITION AND EACH STATEMENT IS TRUE 5 AND CORRECT. I UNDERSTAND THAT THE 6 STATEMENTS MADE IN THIS PETITION ARE BEING 7 MADE UNDER PENALTY OF PERJURY, WHICH IS 8 PUNISHABLE AS A CATEGORY D FELONY AS 9 PROVIDED IN NRS 199.120. 10 11 ......................................................................... 12 Signature of the owner of the real property or an authorized 13 representative of the owner or the occupant who is 14 authorized by the owner to be in possession of the real 15 property 16 17 3. When a sheriff receives a completed complaint made 18 pursuant to subsection 1, the sheriff shall verify that the person 19 who submitted the complaint is the owner of the real property or 20 an authorized representative of the owner or the occupant who is 21 authorized by the owner to be in possession of the real property 22 and that the petition satisfies the other requirements of this 23 section. After the sheriff verifies the complaint, the sheriff shall 24 serve a notice to vacate on the unlawful or unauthorized occupant 25 and return possession of the real property to the owner of the real 26 property. Service may be made by hand-delivering the notice to an 27 unlawful or unauthorized occupant or by posting the notice on the 28 front door or entrance of the dwelling. While serving the notice, 29 the sheriff shall take reasonable steps to verify the identity of each 30 person occupying the dwelling and make a note of each identity on 31 the return of service. If appropriate, the sheriff may arrest any 32 person found in the dwelling for trespass, outstanding warrants or 33 any other legal cause. 34 4. The sheriff may collect the same fee for service of the 35 notice to vacate as if the sheriff were serving a writ of possession 36 or restitution under NRS 248.275. 37 5. After the sheriff serves the notice to vacate, the owner of 38 the real property or an authorized representative of the owner or 39 the occupant who is authorized by the owner to be in possession 40 of the real property may request that the sheriff remain at the real 41 property to keep the peace while the owner of the real property or 42 an authorized representative of the owner or the occupant who is 43 authorized by the owner to be in possession of the real property 44 changes the locks or removes the personal property of the 45 – 6 – - *SB261* unlawful or unauthorized occupant from the premises. If the 1 sheriff remains at the request of the owner of the real property or 2 an authorized representative of the owner or the occupant who is 3 authorized by the owner to be in possession of the real property, 4 the sheriff may charge a reasonable hourly rate, and the person 5 requesting that the sheriff remain shall pay the reasonable hourly 6 rate of the sheriff. 7 6. Any fees collected pursuant to this section must be 8 accounted for as provided in subsection 6 of NRS 248.275. 9 7. The sheriff is not liable to the unlawful or unauthorized 10 occupant or any other person for loss, destruction or damage of 11 property. 12 8. The owner of the real property or an authorized 13 representative of the owner or the occupant who is authorized by 14 the o [Text truncated for display. Full text available on LegiScan.]