In the words of NVR President Brad Spires, the biggest success for REALTORS® this session is not in what was passed but rather what we avoided getting passed.

The 81st Legislative Session in Nevada began on February 1, 2021, amid a global pandemic, completely virtually. The only experience with virtual sessions previously was during the two weeks of special sessions in the summer of 2020, which were laden with technology issues and confusing protocols. To say it was difficult to expect what lobbyists would be walking into is an understatement.

The first two months of session were kept entirely virtual, with only legislators being allowed in the Legislative Building and not even having to be on the floor for official votes. During those months, rules were suspended so that bills could pass out of committee the same day they were heard to ease the burden of the backlog of bills. Those rules were ultimately suspended through the remainder of the session. 

On April 15, the building began opening to the public in very limited capacity. Anyone entering the building either had to show proof of vaccination or have a negative COVID-19 test that day, and it was extremely difficult acquiring a pass. In the second week of May, the restrictions were slightly loosened, but vaccination status and COVID-19 tests along with masks were still mandatory. For the last week of session, the building was completely opened and those who were vaccinated did not have to wear a mask. It brought back a sense of normalcy to the Legislature with significantly more people in the building each day.

The other new wrinkle to accessing the building was the increased level of security rolled out as the building began to reopen. Every day, when we first entered the building, or returned midday, we were greeted by an extremely sensitive metal detector (think of removing every piece of metal, including belts and shoes), and an x-ray scanner for personal possessions. While the security staff was great, the added inconvenience and delay led to more challenges. That said, the detectors were put in place due to the increased risk and threats to legislators.

In addition to the physical challenges of being in the Legislature, it was very difficult to reach certain legislators, which made lobbying efforts difficult at first. There were many new legislators in the Assembly, and it was easy to shut out public opinions with no one allowed in the building for most of the session.

Diversity and inclusion were the large theme of the 2021 session. Many of the policies adopted by this Legislature were largely shaped by the national scene. Similar to the 2019 session, and as you will read below, a number of policy issues appeared to be driven by a national agenda, rather than what was best for Nevada and Nevadans.

At the beginning of the session, there were a number of problematic bills introduced in both houses related to housing protections. By the end of session, it was narrowed down to three, with one bill offering landlord financial assistance in the form of 100% reimbursement for their rent lost during the COVID-19 pandemic. That bill was AB486 which was introduced in the last two weeks of session.

The list of bills below is categorized by subject matter and contains both bills that passed and bills that failed to provide REALTOR® members with the information and true picture about what issues and the number of battles our industry faced this session and will likely face in future sessions. As a convenience, a list of bills that passed is provided at the end.

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SB276: Technology Fee for Issuance or Renewal of Licenses (PASSED)

Introduced by Senator Mo Denis at NVR's request, SB276 imposes a $15 technology fee for the issuance or renewal of certain licenses, certificates, permits and registrations issued by the Real Estate Division (RED). The Division's licensing software has been in dire need of an upgrade for many years, but the Legislature has not been funding this budget item. The pandemic truly exacerbated the problems caused by the inadequate system used, and our members felt that this was very much needed. The fees will be used to acquire and maintain technology for the Division to administer the provisions of law governing the real estate profession.

Effective: July 1, 2021

SB282: Fee-based Budget for the Real Estate Division (FAILED)

Also introduced by Senator Mo Denis as NVR's request, SB282 seeked to change the funding mechanism for the Division from a General Fund appropriation to fee-based funding. RED is only one of two entities that are still funded through the General Fund, the others have all gone to fee-based. What this means is that when you pay fees and fines to RED, those monies are sent to the General Fund instead of being retained for the operation of the Division, and the Division then has to submit a budget request to the Legislature every two years in order to operate and provide services to licensees. In reality, the licensees bring in more money in fees than what is allocated to the Division's budget. SB282 was intended to rectify some of this inequity. It also included the $15 technology fee, in case this bill was passed and SB276 did not pass.

AB237: HOA Fees Clarification and Notifications for Foreclosure Sales (PASSED)

Introduced by Assemblywoman Sandra Jauregui at NVR's request, AB237 is the result of extensive discussions during the interim with the Community Association Management Executive Officers (CAMEO) and the Nevada Land Title Association. It clarifies HOAs cannot charge any fee, fine, assessment or cost other than those the association is expressly authorized or required by law. It also requires that, in the case of a foreclosure sale, notice must be given to:

• each person who has recorded a request for a copy of a notice of default or notice of sale with respect to the mortgage or other lien being foreclosed;
• each other person with an interest in the real property whose interest or claimed interest is subordinate to the mortgage or other lien being foreclosed; and
• an association that has recorded a request for a copy of a deed upon a foreclosure sale.

Most provisions of this bill become effective on January 1, 2022.

AB398: Agent Prohibited from Filling Out the SRPD for a Seller (PASSED)

Introduced by the Assembly Commerce and Labor committee at NVR's request, AB398 came about when NVR was made aware that an agent had been pulled into a lawsuit involving the SRPD when that agent did not fill it out. Unfortunately, the agent had to pay attorney's fees to get removed from the case. While the law already states that the seller must fill out the SRPD (not the agent), we worked with the legal community on this bill to make it crystal clear that an agent shall not complete the SRPD and therefore could not be held liable of any disputes arising from the SRPD.

This bill becomes effective on July 1, 2021.

AB458: Appropriation to RED for a Technology Upgrade (PASSED)

Introduced by the Assembly Ways and Means committee, AB458 goes hand-in-hand with SB276. During the hearings on SB276 and SB282, the RED Administrator testified that it would take approximately four years to accumulate enough funds through the technology fee to upgrade of its licensing software system and the replacement of computer hardware and software. This appropriation will allow RED to proceed with the upgrades immediately, and the technology fee will fund regular maintenance and updates.

It became effective June 4, 2021.

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AB141: No Cause Evictions and Sealing of Records (PASSED)

Introduced by Assemblyman Howard Watts, AB141 originally proposed some increases in timelines for no cause evictions. We were able to work with the sponsor to remove that section of the bill in its entirety: this bill makes NO CHANGE to no cause evictions. The second part of the bill would have automatically sealed eviction records during the COVID-19 emergency. Again, the Lobbying Team was able to clarify the language so that it only applies to evictions for nonpayment only during the COVID-19 emergency, not all evictions.

Effective May 27, 2021.

AB161: Elimination of the Summary Eviction Process (FAILED)

Introduced by Assemblywoman Selena Torres, AB161 in its first version would have eliminated the summary eviction process altogether. An amendment was presented at the hearing in the Assembly Judiciary committee that completely gutted the bill and replaced it with a committee to conduct an interim study on summary eviction. The bill was pulled into the Assembly Ways and Means committee, where it never received a hearing and died. We do expect to see a bill on summary evictions next session.

AB203: Sunset of Eviction Mediation Program (FAILED)

Introduced by Assemblywoman Heidi Kasama, AB203 would have provided for the expiration of eviction mediation program on May 31, 2021. It did not get a hearing and died.

AB308: Grace Period, Late Fees, Increase of Rent Notices (PASSED)

Introduced by Speaker Jason Frierson, AB308 provides that in a tenancy that is longer than week to week, no late fee may be charged or imposed until at least three calendar days after the date that rent is due. It also increases the period for providing rent increase notices to:

• for a periodic tenancy of 1 month or more, 60 days in advance of the first rental payment to be increased (up from 45); or
• for a periodic tenancy of less than 1 month, 30 days in advance of the first rental payment to be increased (up from 15)

Effective July 1, 2021.

AB310: Property Management Permit Added Requirement (FAILED)

Introduced by Assemblywoman Venicia Considine, AB320 would have required an applicant who is applying for an initial or renewal property management permit to provide a list of any current or planned property management agreements between the applicant and a client or between the real estate broker that the applicant is employed by and a client. It did not get a hearing and died.

AB317: Source of Income Discrimination (FAILED)

Introduced by Assemblywoman Cecelia González, AB317 would have prevented discrimination in housing based on the source of income of the applicant. Source of income would have been defined as any lawful, verifiable source of money or housing assistance paid to or on behalf of a renter or buyer including, without limitation:

• money from any legal occupation or activity;
• money from any judgment, decree or order from a court of competent jurisdiction, including an order for the payment of child support;
• money from any contract, agreement, loan or settlement; and
• money or other benefits from any federal, state or local governmental program or service, including any disability benefits, housing choice voucher or any other subsidy for rent or program for the assistance of rent.

It ultimately did not get a hearing and died.

AB332: Registry of Landlords (FAILED)

Introduced by Assemblywoman Sarah Peters, AB332 would have created a statewide registry of landlords that consists of the following information for each landlord:

• the name of the landlord;
• the state and county in which the landlord is domiciled;
• the total number of dwelling units owned by the landlord in this state and the address of each dwelling unit;
• the amount of periodic rent charged by the landlord for each dwelling unit in this state and the frequency with which the periodic rent is charged to the tenant; and
• certain information relating to the property manager of the premises, if applicable

It would also have prohibited a property manager from providing services to a landlord who is not listed in the statewide registry. It was heard in the Assembly Commerce and Labor but ultimately not brought for a vote out of committee, so it died.

AB486: Landlord Rental Assistance Program (PASSED)

Introduced by the Assembly Ways and Means committee, AB486 is the fruit of discussions between the leadership of both houses, NVR leadership and the Governor's office. Early on in the session, as bills favoring tenants and generally disregarding the hardship that has been placed on housing providers since March 2020 due to eviction moratoriums, legislative leadership asked NVR to bring forward a proposal to assist landlords that have been hurt by the pandemic. In late March, NVR President Brad Spires and NVR Legislative Chair Dave R. Tina met with Senator Julia Ratti and Assemblyman Steve Yeager along with staff from the Governor's office to present a conceptual program to provide financial relief to landlords -- it became the framework for AB486.

There were some issues in the version of the bill as introduced, but the Lobbying Team worked diligently to fix those problems. In the end, AB486 allows landlords to access funds to make them 100% whole directly, without having to have the tenants make the request. It will be managed through Home Means Nevada and is initially funded with $5 million, with a commitment from the Treasurer and legislative leadership that more will be added if the program is successful. This program is currently being built and we will let you know when we hear applications open. It also replaces the eviction mediation program with a new program that marries the court process with access to rental assistance.

Effective June 4, 2021. The program will expire on June 5, 2023, or the day the Supreme Court determines there are no sufficient funds to continue the mediation program.

SB218: Extensive Landlord-Tenant Provisions (FAILED)

Introduced by Senator Julia Ratti, SB218 had numerous proposed changes that would have been onerous and difficult to work with. Here are some of the provisions of the bill:

• it would have prohibited a housing provider from charging a prospective tenant a fee for the submission of a rental application, then it was amended so that the housing provider would not have been able to charge for more than one rental application at a time, and no more than the actual cost;
• it would have capped the security deposit, including last month's rent, to no more than three months worth of rent;
• it would have capped the cleaning deposit to no more than 15% of rent;
• it would have reduced the period for returning the security deposit from 30 days to 21 days after the termination of tenancy (changed to 28 days in amendment);
• it would have required property managers to notify the tenant within 7 days if a property changes owners, the notice would have had to be in writing and include the name, address and phone number of the new owner and include a notification that the security deposit was transferred;
• it would have required rental agreements to include a grace period not less than three days for the late payment of rent; the amendment further provided that the lease must include duration of grace period and the fee for late payment;
• it would have required the amount of periodic rent to be disclosed in writing to the tenant before he/she enters into a written rental agreement, printed clearly and conspicuously on the first page of the written rental agreement; the amendment added that all fees, fines and costs to be paid by the tenant and the purposes for which they are required in that section as well.

While it did pass out of the Senate on a party line vote, the Chair of the Assembly Commerce and Labor committee felt that there was not enough time left to fully debate this bill and did not grant it a hearing in committee. We do expect to see some if not all of these provisions to resurface in 2023.

SB254: Discrimination in Housing (VETOED)

Introduced by Senator Dina Neal, SB254 was a comprehensive housing bill focused on discrimination. Among its many provisions, it would have:

• Prohibited, with certain exceptions, a prospective landlord from:
  • inquiring into the arrest record, conviction record or record of criminal history of an applicant or tenant;
  • refusing to rent or negotiate to rent, a dwelling to an applicant on the basis of the applicant's arrest record, conviction record or record of criminal history; and
  • making, printing or publishing any notice or advertisement which indicates a preference based on the arrest record, conviction record or record of criminal history of an applicant.
• Exempted from these provisions:
  • persons who inquire or run a background check on an applicant pursuant to the requirements of federal or state law;
  • persons who check the statewide registry of sex offenders and offenders convicted of a crime against a child; and
  • persons who occupy a dwelling and rent a room in the dwelling while maintaining and occupying one of the living quarters as his/her own residence
• Prohibited discrimination in real estate related transactions

At the hearing, the sponsor presented an amendment that added the source of income provisions of AB317 into this bill. After many discussions, those provisions were removed but other provisions of the bill were still problematic. The bill passed out of the Senate on a party line vote, and passed out of the Assembly with two Democrats voting against it.

On June 11, 2021, Governor Sisolak vetoed this bill. In his veto message, he pointed out, among other reasons, that:

• Any potential benefits of these provisions are outweighed by the highly problematic sections that would force landlords to rent their property to applicants with serious criminal records.
• It completely exempts corporate landlords, regardless of whether their buildings contain 1 or 500 dwelling units.
• SB254 would not apply to the vast majority of rentals.
• Confusing for a tenant or landlord to decipher.
• Although I understand the noble purposes behind SB254, the bill is drafted in such a way that it could impose substantial liability on individual landlords and yet not achieve one of its major goals.

Many of the discrimination provisions mirror provisions currently found in federal law.

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SB10: Property Tax (FAILED)

Introduced by the Senate Revenue and Economic Development committee on behalf of the Nevada Association of Counties, SB10 would have revised the secondary formula to calculate tax caps. Current law provides that the abatement on property tax is the lesser of:

1. The greater of:
   1. The average percentage of change in the assessed valuation of all the taxable property in the county over the last 10 fiscal years;
   2. Twice the percentage of increase in the Consumer Price Index for the immediately preceding calendar year; or
   3. Zero.
2. 8%.

SB10 would have changed the zero in 1(3) to 3%. It was heard by the Senate Revenue and Economic Development committee but was never brought for a vote and therefore died.

SB11: Allowing Cities to Impose a Supplemental Government Services Tax (FAILED)

Introduced by the Senate Revenue and Economic Development committee on behalf of the City of Reno, SB11 would have allowed cities in Washoe to impose a government services tax (GST) of $0.01 for each $1 value of a vehicle if the County Commission has not enacted an ordinance to impose a GST. Existing law allows Washoe County to impose a GST of $0.01 for each $1 value of a vehicle, but has not enacted an ordinance to do so. The bill also would have provided that if the County enacts such an ordinance after the effective date of this bill, vehicles subject to the city GST would be exempted from the county GST. Essentially, cities in Washoe County would have been able to collect a tax that was intended for the County should it wish to enact it. It was heard in the Senate Revenue and Economic Development committee but was not brought to a vote, so it died.

SB64: Property Tax (FAILED)

Introduced by the Senate Revenue and Economic Development committee on behalf of the League of Cities and Municipalities, SB64 would have revised the secondary formula to calculate tax caps in the same manner as proposed in SB10. It would have also reduced the rate of depreciation from 1.5% per year over 50 years to 1% per year over 75 years. The bill did not receive a hearing and died.

SB73: Potential Increase in Property Tax and Real Property Transfer Tax in Reno (FAILED)

Introduced by the Senate Revenue and Economic Development committee on behalf of the City of Reno, SB73 would have authorized the City of Reno to establish a committee to recommend the imposition of certain taxes or the reallocation of certain tax revenue for consideration by the voters at the 2022 General Election to fund capital projects and ongoing operational costs for parks and recreational facilities and services, the preservation of open space and the protection of the Truckee River and other natural resources.

The committee would have been structured in much the same way as the committees created by AB375 (2017) to fund flood management projects and by SB411 (2015) to fund school capital improvement projects.

The committee would have had the ability to recommend the imposition of one or more of the following taxes:

• an additional tax on the gross receipts from the rental of transient lodging
• a supplemental governmental services tax (GST), which is part of your car registration fee
• an additional tax on the transfer of real property (RPTT)
• an additional sales and use tax, and
• an additional property tax

In addition, the committee would have been able to recommend the reallocation of tax revenue to provide funding to the flood management authority.

At the hearing, the City of Reno presented a proposed amendment to remove as options to be considered:

• transient lodging tax
• sales tax
• reallocation of the tax to fund the flood management authority.

That would leave the GST, RPTT and property taxes as the only funding options. It was heard in the Senate Revenue and Economic Development committee but was never brought to a vote in committee, therefore it died.

SJR8: Property Tax (FAILED)

Introduced by Senator Julia Ratti, SJR8 was essentially the same as SJR14 that passed in 2017 but failed in 2019. Because this resolution was proposing changes to the Constitution, it would have had to pass in 2021 as well as in 2023 before going for a vote of the people in 2024. SJR8 would have provided that, for the first fiscal year after real property is sold or transferred, the real property is ineligible for any adjustment to the value of improvements on the real property which is based on the age of the improvement (depreciation) and for certain partial abatements (tax caps). It did not receive a hearing and died.

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AB295: Availability of Records (FAILED)

Introduced by Assemblywoman Alexis Hansen, AB295 would have added to the list of records that must be provided to an owner in electronic format: all contracts to which the HOA is a party and all records filed with a court relating to a civil or criminal action to which the HOA is a party. If the HOA is unable to provide the records in electronic format, this bill would have authorized the executive board to charge a fee to cover the actual costs of preparing a copy, but the fee may not exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter. If the board fails to provide a copy of the requested records within 21 days, the executive board would have had to pay a penalty of $25 for each day it failed to provide the records. This bill didn't get a hearing and died.

SB144: HOA Website and E-notifications (FAILED)

Introduced by Senator Pat Spearman, SB144 would have required an HOA to create and maintain a secure website through which an owner is able to make electronic payments and have access to information about notices, complaints and receipt of payment.

It would have required an HOA, on the website, to:

• include the name of the community manager for the association and the name of each affiliate of the community manager
• provide to new owners, at the time the HOA provides the CC&Rs, a form to complete that will enable the HOA to establish an account for the owner on the website, and
• ensure that all information on the website is updated as expeditiously as possible.

Currently, an HOA is required to deliver notices to any mailing or electronic mail address designated by an owner or, if an owner has not designated a mailing or electronic mail address. This bill would have generally required an HOA to deliver notices, any communications or other information to the electronic mail address designated by an owner unless the owner has opted out of receiving electronic communications or has not designated an electronic mail address.

It would have required community association managers (CAMs) to submit an annual report for each managed HOA to the Real Estate Division (number of past due, amount, demographic info). It also would have eliminated an HOA's ability to foreclose on liens. It was heard in the Senate Judiciary committee but never brought for a vote and died.

SB186: Collection Agencies/HOAs (PASSED)

Introduced by the Senate Commerce and Labor committee, SB186 as introduced dealt solely with collection agencies used by HOAs. The final version of the bill prohibits certain persons and entities from purchasing a unit being sold at a public auction:

• Any person who was involved in the process of foreclosing the association's lien pursuant to NRS 116.3116 to 116.31168, inclusive, including, without limitation:
  • Any person who exercised discretion in any decision relating to the foreclosure of the lien and any person employed by such a person;
  • A collection agency used by the association to collect an obligation relating to the unit;
  • A community manager of the association and any of his or her assistants;
  • A member of the executive board of the association; or
  • An attorney who provided representation to any of the parties with regard to the foreclosure of the lien;
• Any person who is related by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity to a person designated above; or
• The person conducting the sale or any entity in which that person holds an interest

An amendment proposed by Senator Spearman revived certain provisions of SB144, the bill that died at first house committee passage. SB186 now requires an HOA to create and maintain a secure website through which an owner is able to make electronic payments and have access to information about notices, complaints and receipt of payment and requires an HOA to provide a number of documents.

Effective January 1, 2022, except for the electronic payment section, which is January 1, 2023.

SB339: Authorize HOAs to Lease Abandoned Residential Properties (FAILED)

Introduced by Senator Keith Pickard, SB339 would have provided that if an HOA wishes to rehabilitate and lease an abandoned property, the HOA would have been required to give notice and request permission from any financial institution whose security interest in the property has priority over all other security interests. If such a financial institution refused to allow the HOA to rehabilitate and lease the property, the financial institution would have been required to:

• rehabilitate the property;
• pay to the HOA the amount of all unpaid and past due assessments; and
• assume responsibility for the payment of any assessments that become due.

This bill did not receive a hearing and died.

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AB280: Single-Stall Bathrooms (PASSED)

Introduced by Assemblywoman Sarah Peters, AB280 requires that public single-stall bathrooms be as inclusive and accessible as possible to a person of any gender identity or expression and prohibits gender-specific signage on such bathrooms. It provides that someone depriving another person for accessing such facility is guilty of a misdemeanor and allows for civil recourse for the wronged party as well as the ability to file a complaint with the Nevada Equal Rights Commission.

Effective October 1, 2021.

AB312: Independent Contractor Benefits Program (FAILED)

Introduced by Assemblyman Jim Wheeler, AB312 would have created the Independent Contractor Benefits Program, to be administered by the Department of Employment, Training and Rehabilitation (DETR). It would have required a person who wishes to participate in the program to submit an application to DETR which would have included, among other requirements:

• proof sufficient that the person received the majority of his/her income in the immediately preceding year for services performed as an independent contractor; and
• an identification of the amount of money that the person wishes to contribute to the program each month

It would have required such a contribution to be deposited in the State Treasury for credit to the individual account of the participant in the Independent Contractor Benefits Fund. It would have required a participant who wishes to receive benefits for any week in which the participant is out of work to submit a request to DETR. This bill would have defined the circumstances in which a participant will be deemed to be out of work. If the participant satisfies the eligibility requirements, this measure would have required DETR to pay the participant benefits, the amount of which would then be required to be deducted from the participant's individual account in the Fund.

The bill would have required the amount of benefits paid to a participant for a week in which the participant is out of work to be an amount equal to:

• the balance of the participant's individual account in the Fund as of the date on which the participant submits a request for benefits divided by 52; or
• if such amount is less than $1, the balance of the participant's individual account in the Fund

It would have required DETR to terminate the participation in the program for failure to pay the required contributions and would have authorized a participant to voluntarily terminate his/her participation in the program at any time. This bill was heard in the Assembly Commerce and Labor committee but it never came up for a vote and died.

AB331: Payment in Lieu, Linkage Fees, Inclusionary Zoning (FAILED)

Introduced by Assemblywoman Elaine Marzola, AB331 was intended to help with affordable housing availability. It would have authorized, under certain circumstances, the governing body of a city or county to: (1) accept a payment of money in lieu of the performance of an obligation related to the development of affordable housing imposed upon a developer by the governing body; or (2) impose a linkage fee on residential, commercial or industrial development. It would have required that any such payment of money or linkage fee be deposited into a trust fund established by the governing body and used only to pay for the development of affordable housing in the city or county.

Existing law requires the governing bodies of certain cities or counties to adopt at least 6 of 12 specified measures in implementing a plan for maintaining and developing affordable housing. This bill would have added to the list of specified measures: (1) using inclusionary zoning; (2) accepting payments of money in lieu of the performance of an obligation related to the development of affordable housing imposed upon a developer; and (3) imposing linkage fees on any residential, commercial or industrial development for the purpose of assisting in the development of affordable housing. It was heard in the Assembly Government Affairs committee but never voted out so it died.

AB334: Payment in Lieu, Linkage Fees (FAILED)

Introduced by Assemblywoman Shondra Summers-Armstrong, AB334 included parts similar to AB331. It would have authorized the governing body of a city or county to: (1) accept a payment of money in lieu of the performance of an obligation related to the development of affordable housing imposed upon a developer by the governing body; or (2) impose a linkage fee on residential, commercial or industrial development. It would have required that any such payment of money or linkage fee be deposited into a trust fund established by the governing body and used only to pay for the development of affordable housing in the city or county. It was heard in the Assembly Government Affairs committee but was not brought up for a vote and died.

AB363: Transient Lodging (PASSED)

Introduced by Assemblywoman Rochelle Nguyen, AB363:

• requires a local government to include residential units in the definition of "transient lodging" for the purposes of all taxes imposed on the rental of transient lodging
• requires a local government to adopt an ordinance regulating short-term rentals (STRs) and STR facilitators
• requires a person who provides for rent a residential unit to hold a permit issued by the local government and a state business license
• establishes various requirements for the holder of a permit, including requirements to pay an annual fee to the local government for the permit, designate a local representative for the rental and maintain liability coverage for the unit
• requires an accommodations facilitator to collect and remit to the local government the taxes on the rental imposed by the local government
• revises the reporting authorization to require that the local government require the submission of a quarterly report by an accommodations facilitator

At the hearing, the sponsor presented an amendment that:

• Restricts applicability to Clark County only
• Grandfathers STRs permitted by local jurisdiction before the effective date of bill
• Reduces minimum stay from 3 nights to 2 nights
• Implements a distance separation of 2,500 feet from a resort hotel
• Reduces distance separation between STRs from 1,000 to 660 feet
• Provides that an STR applicant can't hold more than 5 permits per entity.

Effective July 1, 2022.

AB380: Electrification of Utilities (FAILED)

Introduced by Assemblywoman Lesley Cohen, AB380 was proposing aggressive benchmarks that would have eliminated natural gas from Nevada utility infrastructure. It would have phased out natural gas in new home developments immediately and would have required all homes and commercial properties to be off the natural gas grid by 2050. The bill was heard in the Assembly Growth and Infrastructure committee but was not heard and died. While this measure was defeated this session, we anticipate seeing this issue pop up again in the future.

AB408: Transient Lodging Taxes (FAILED)

Introduced by Assemblywoman Heidi Kasama, AB408 as introduced would have required a local government to adopt an ordinance to:

• require a room remarketer who reserves, arranges for, conveys or furnishes the right to use or occupy transient lodging in exchange for an amount of consideration determined by the room remarketer, to impose, collect and remit transient lodging taxes on the gross receipts of the room remarketer
• require the room remarketer to include in the gross receipts the amounts received for reserving, arranging for, conveying or furnishing the right to use or occupy transient lodging, including any service or other charge or amount required to be paid as a condition to the right to use or occupy the transient lodging; and
• authorize the room remarketer to claim a refund or credit for any transient lodging taxes paid by the room remarketer to the provider of the transient lodging

At the hearing, the sponsor presented an amendment that completely gutted the bill and replaced it with a committee to study the role of online travel companies (OTCs) and statewide tourism and promotion in Nevada. While it passed out of the Assembly Government Affairs committee, it was referred to the Assembly Ways and Means committee and was never heard. This measure died.

SB57: Fines to Be Treated as Superpriority Liens (FAILED)

Introduced by the Senate Government Affairs committee on behalf of Clark County, SB57 seeked to solve the issue of short-term rental "party houses" when the property owner would rather let fines accumulate against the property rather than change their business practices. It would have allowed a county commission to recover unpaid fines or fees for certain offenses related to property by making them a special assessment against the property, which may be collected at the same time and in the same manner as county taxes. This would have put any such assessment in front of all other liens, including a mortgage.

The Federal Housing Finance Association (FHFA) sent a letter of opposition to legislators stating that "the imposition of special assessments for property-related violations has the potential to significantly impair the refinance and resale markets." The agency went on to indicate that "anyone wanting to buy a home encumbered by a special assessment, such as those that would result from the legislation as written, cannot use Fannie Mae or Freddie Mac guaranteed loan for purchase."

Assemblywoman Heidi Kasama, a REALTOR® from Las Vegas, also penned an op-ed in The Nevada Independent detailing how harmful this legislation would be. While it passed out of the Senate on a party line vote, it never came up for a vote in the Assembly and therefore died.

SB103: Dog Breed Discrimination Prohibited for Property Insurers (PASSED)

Introduced by Senator Melanie Scheible, SB103 is closing a loophole in current law. Nevada already had a law prohibiting regulations targeting dog breeds, but the law did not apply to insurers. This bill prohibits property insurers from refusing or increasing the rate on the basis of the specific breed of dog on the property, unless the specific dog is known to be dangerous.

Effective May 25, 2021.

SB159: Nonjudicial Foreclosure Sales (FAILED)

Introduced by Senator Julia Ratti, SB159 would have prohibited bundling of properties for sale at an auction. It would also have provided that a sale of a residential foreclosure not be final until the earliest of:

• Sale date, if a prospective owner-occupant is the highest bidder
• 15 days after the auction, if no eligible tenant buyer or eligible bidder submit a bid equal or higher to the highest bid in the form cash or cashier's check
• The date the eligible tenant buyer submits a bid equal or higher to the highest bid in the form cash or cashier's check
• 45 days after the auction

This would have been temporary changes, from July 1, 2021, to July 1, 2026. The bill did not get a hearing and died.

SB280: Composition of the Real Estate Commission (FAILED)

Introduced by Senator Melanie Scheible, SB280 would have:

• increased the membership of the Real Estate Commission from five members to seven members
• required that the two additional members of the Commission reside in or have a principal place of business in Clark and Washoe Counties, respectively
• required at least one member of the Commission be a person who advocates for consumer's rights and at least one member of the Commission be an employee of certain entities that provide affordable housing

An amendment was presented in the Senate Commerce and Labor after the hearing and proved to be problematic as it would not have required that ANY of the commissioners hold a broker or broker-sales license. It did pass out of the Senate Commerce and Labor committee with the amendment, but was never brought to a vote on the Senate floor, therefore it died.

SB322: Short-Term Rentals (FAILED)

Introduced by Senator Carrie Buck, SB322 seeked to address issues with short-term rentals (STRs) in the state. It would have:

• prohibited a local government from including short-term rentals in the definition of "transient lodging"
• defined "short-term rental" to mean a transaction facilitated by a short-term rental marketplace in which a STR operator rents a residential unit (or a room or space within) to an occupant for a period of less than 28 days
• imposed a tax on the gross receipts from STRs in a county at a rate of either 1% or 2% percent, depending on the population of the county
• required the Department of Taxation to charge and collect that tax from each STR operator
• prohibited a local government from enacting or enforcing an ordinance that prohibits STRs or imposes certain restrictions on STRs
• authorized a local government to:
  • enact and enforce an ordinance that imposes certain requirements or restrictions on STRs relating to certain matters (health/safety, traffic control, emergency point of contact, noise, public welfare); and
  • provided for civil penalties in an amount not to exceed $250 for a violation of such an ordinance in lieu of a criminal penalty
• required the revenues from STR tax to be distributed to:
  • 60% to cities and counties;
  • 30% to the State General Fund;
  • 5% to the Account for Affordable Housing; and
  • 5% to an account created by this bill for the purposes of distribution to certain scholarship organizations

This measure did not get a hearing and died.

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NVR Priorities

SB276: Technology Fee for Issuance or Renewal of Licenses

AB237: HOA Fees Clarification and Notifications for Foreclosure Sales

AB398: Agent Prohibited from Filling Out the SRPD for a Seller

AB458: Appropriation to RED for a Technology Upgrade

Landlord-Tenant Issues, Evictions, Property Management

AB141: Sealing of Records

AB308: Grace Period, Late Fees, Increase of Rent Notices

AB486: Landlord Rental Assistance Program

Taxes

None

Homeowners' Associations

SB186: Collection Agencies/HOAs

Other Issues

AB280: Single-Stall Bathrooms

AB363: Transient Lodging

SB103: Dog Breed Discrimination Prohibited for Property Insurers

Presentations

If you are a broker and would like a presentation to your agents, live or virtual, please contact Tiffany Banks at tiffany@nvrealtors.org to schedule.

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• • Final Update for the 2021 Legislative Session
• • NVR Priorities
• • Landlord-Tenant Issues, Evictions, Property Management
• • Taxes
• • Homeowners' Associations
• • Other Issues
• • List of Bills That Passed
• • Sign Up to Receive Calls to Action

Investment completed as of June 25, 2021. Pledges listed for those who have invested at least $500 as of the above date.

You can make your investment today by visiting this site. "PC" means those members are also participating in the President's Circle program.

Platinum R ($10,000+)

Teresa McKee (pledge) - PC pledge
Jack Woodcock (pledge) - PC
 

Golden R ($5,000+)

Nancy Anderson - PC pledge
Vandana Bhalla (pledge) - PC pledge
Chris Bishop (pledge)
Thomas Blanchard (pledge) - PC
Diane Brown - PC pledge
Annie Bushman (pledge) - PC pledge
Christina Chipman - PC pledge
Cheryl Delehanty - PC pledge
Wendy DiVecchio - PC
Bob Hamrick - PC pledge
Azim Jessa (pledge) - PC
Heidi Kasama - PC
Patty Kelley - PC pledge
George Kypreos - PC pledge
Erika Lamb - PC
Gregory Martin - PC pledge
Doug McIntyre - PC pledge
George Peek - PC pledge
Merri Perry - PC
Chris Plastiras - PC
Devin Reiss (pledge) - PC pledge
Linda Rheinberger - PC
Brandon Roberts (pledge)
Sarah Scattini - PC
Kevin Sigstad - PC pledge
Trevor Smith - PC pledge
Brad Spires - PC
Robert Andy Stahl - PC pledge
David R. Tina - PC
Judie Woods - PC pledge

Crystal R ($2,500+)

Eliot Alper
Denise Bremer
Lisa Cobb (pledge)
Stephanie Dibbs (pledge) - PC pledge
Soozi Jones-Walker (pledge) - PC
Timothy Kiernan
Jeanne Koemer (pledge) - PC pledge
Timothy Kuptz
Cheryl Kypreos
April LaBrie - PC pledge
Stephanie Mangual - PC pledge
Ellie Morris
Sara Sharkey - PC pledge
Chantal Tilley (pledge)

Sterling R ($1,000+)

Jonathan Adams
Tina Africk
William Alt
Mark Ashworth
Brenda Aucutt
Heather Barrera
Robert Bartshe - PC pledge
Tammy Bawcom
Katie Bawden
Paul Bell
Steven Bohler
Lori Bottari
Paul Bottari
Teri Brenkus
Darryl Braswell
John Brummer
Annie Bushman (pledge) - PC pledge
Joshua Campa
Janet Carpenter
Marshall Carrasco
Teresa Chapman
Sherrie Cartinella
Lisa Cobb (pledge)
Christina Cova-Simmons
Bill Driscoll
Margaret Finel
Danielle Gallant - PC pledge
Paul Gallant
Kristina Garcia-Drake
Robert Getto
Brandon Goles
David Graham
Christin Griffin
Molly Hamrick
Randy Hatada
Cheryl Henning
Noah Herrera
Violeta Ignatova
Keith Kelley (pledge)
Myrna Kingham
Charlie Kitchen
Joan Kuptz
Mylissa Lanning
Petra Latch (pledge)
Rena Levy
Robert Little
Deborah Logan
Marissa Lostra - PC pledge
Rosemary Loven (pledge)
Kaci Lynch
Gary MacDonald
Shyla Magee
Fredrick McElroy
Heidi McFadden
Margie McIntyre
Grant Meyer
Jenny Minucci
Cassandra Mor
Elle Morris (pledge)
Carol Murphy
Michele Norris
Debra Parsley
Deborah Primack
Christopher Raynor
Pam Reese
Joe Reisenauer
Pamela Ricci
Mike Roland
Claudia Saavedra
Neil Schwartz
Amy Smith
Sandee Smith
Jessie Sorani (pledge)
Marcella Syme
Katherine Tatro
Richard Turley
Sandra Wakefield
Geoffrey Zahler

Corporate Major Investors

Platinum R - Nevada REALTORS®
Platinum R - Las Vegas REALTORS®
Platinum R - Reno Sparks Association of REALTORS®
Crystal R - Incline Village REALTORS®
Crystal R - Sierra Nevada REALTORS®
Sterling R - Elko County Association of REALTORS®

For more information, please contact:

• Nevada REALTORS® President Brad Spires
• Nevada REALTORS® Legislative Chairman David R. Tina
• Nevada REALTORS® CEO Teresa McKee