Signed by Governor Steve Sisolak

Vote Smart's Synopsis:

Vote to pass a bill that prohibits tenants from being locked out while applications are pending and connects eviction proceedings to the rental assistance process.

Highlights:

• Authorizes a tenant to, at any point in the proceeding, claim as an affirmative defense that (Sec. 2-1):

• The tenant has a pending application for rental assistance; or

• The landlord has refused to:

• Participate in the application process for rental assistance; or

• Accept rental assistance on behalf of the tenant.

• Specifies if a tenant has defaulted in the payment of rent and the landlord pursues, or otherwise evicts the tenant for any reason that existed or arose during the period of default for which the landlord received rental assistance on behalf of the tenant, the tenant or the governmental entity administering the program for the rental assistance may file a claim of wrongful eviction against the landlord (Sec. 3-1).

• Specifies if the court finds that the landlord accepted rental assistance on behalf of the tenant and pursued, continued to pursue, or otherwise evicted the tenant for any reason that existed or arose during the period of default for which the landlord received rental assistance on behalf of the tenant (Sec. 3-3):

• The court may:

• Impose a civil penalty:

• If the claim was filed by the governmental entity administering the program for rental assistance, in an amount equal to the amount of rental assistance obtained by the landlord; or

• If the claim was filed by the tenant, in an amount equal to 25% of the amount; and

• Order the landlord to pay costs and attorney’s fees of the tenant or governmental entity, as applicable.

• The landlord may not file any claim against the tenant for any delinquent amount of rent paid with the rental assistance.

• Specifies if a governmental entity administering a program for rental assistance brings a cause of action relating to a landlord who accepts rental assistance on behalf of a tenant and pursued, continued to pursue, or otherwise evicted a tenant for any reason that existed or arose during the period of default for which the landlord received rental assistance on behalf of the tenant (Sec. 3.5):

• Any damages awarded to the governmental entity must not exceed an amount equal to the amount of rental assistance obtained by the landlord; and

• The governmental entity is entitled to costs and attorney’s fees.

• Requires Home Means Nevada, Inc., or its successor organization, to create an electronic form that may be completed by a landlord who seeks to secure rental assistance for a tenant who has defaulted in the payment of rent (Sec. 6-1).

• Specifies if the State of Nevada receives money from the Federal Government on or after the effective date of this act that the State of Nevada is authorized to use for the direct payment of rental assistance to landlords on behalf of tenants who have defaulted in the payment of rent in this State, the Chief of the Budget Division of the Office of Finance in the Office of the Governor will disburse $5,000,000 of that money for the direct payment of rental assistance to landlords (Sec. 7).

Full Bill Text