118B.177 - Obligations of landlord before closure of park: Financial liability; notices; restrictions regarding increase in rent; resident impact statement.
118B.177 Obligations of landlord before closure of park: Financial liability; notices; restrictions regarding increase in rent; resident impact statement.
1. If a landlord closes a manufactured home park, or if a landlord is forced to close a manufactured home park because of a valid order of a state or local governmental agency or court requiring the closure of the manufactured home park permanently for health or safety reasons, the landlord shall pay the amounts required by subsections 3, 4 and 5.
2. At the time of providing notice of the closure of the park, a landlord shall provide to each tenant:
(a) The address and telephone number of the Division;
(b) Any list published by the Division setting forth the names of licensed transporters of manufactured homes approved by the Division; and
(c) Any list published by the Division setting forth the names of mobile home parks within 100 miles that have reported having vacant spaces.
3. If the tenant chooses to move the manufactured home:
(a) The tenant shall, within 75 days after receiving notice of the closure, notify the landlord in writing of the tenant’s election to move the manufactured home; and
(b) The landlord shall pay to the tenant:
(1) The cost of moving each tenant’s manufactured home and its appurtenances to a new location in this State or another state within 100 miles from the manufactured home park; or
(2) If the new location is more than 100 miles from the manufactured home park, the cost of moving the manufactured home for the first 100 miles,
Ê including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling the manufactured home and its appurtenances in the new lot or park.
4. If the landlord is unable to move a shed, due to its physical condition, that belongs to a tenant who has elected to have the landlord move his or her manufactured home, the landlord shall pay the tenant $250 as reimbursement for the shed. Each tenant may receive only one payment of $250 even if more than one shed is owned by the tenant.
5. If the tenant chooses not to move the manufactured home, the manufactured home cannot be moved without being structurally damaged or there is no manufactured home park within 100 miles that is willing to accept the manufactured home, the landlord:
(a) May remove and dispose of the manufactured home; and
(b) Shall pay to the tenant the fair market value of the manufactured home.
6. Written notice of any closure must be served timely on each:
(a) Tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before the tenant is required to move his or her manufactured home from the lot.
(b) Prospective tenant by:
(1) Handing each prospective tenant or his or her agent a copy of the written notice; and
(2) Maintaining a copy of the written notice at the entrance of the manufactured home park.
7. For the purposes of this section, the fair market value of a manufactured home must be determined as follows:
(a) A dealer licensed pursuant to chapter 489 of NRS who is a certified appraiser and who is selected jointly by the landlord or his or her agent and the tenant shall make the determination.
(b) If there are insufficient dealers licensed pursuant to chapter 489 of NRS who are certified appraisers for the purposes of paragraph (a), a person who possesses the qualifications pursuant to the Appraiser Qualifications for Manufactured Homes Classified as Personal Property as set forth in section 8-3 of Valuation Analysis for Single Family One- to Four-Unit Dwellings, HUD Directive Number 4150.2 CHG-1, of the United States Department of Housing and Urban Development, and who is selected jointly by the landlord or his or her agent and the tenant shall make the determination.
(c) If there are insufficient persons available for the purposes of paragraphs (a) and (b) or if the landlord or his or her agent and the tenant cannot agree pursuant to paragraphs (a) and (b), the landlord or his or her agent or the tenant may request the Administrator to, and the Administrator shall, appoint a dealer licensed pursuant to chapter 489 of NRS or a certified appraiser who shall make the determination.
8. The landlord shall pay the costs associated with determining the fair market value of a manufactured home and the cost of removing and disposing of a manufactured home pursuant to subsection 5.
9. A landlord shall not increase the rent of a tenant after notice is served on the tenant as required by subsection 6.
10. If a landlord begins the process of closing a manufactured home park, the landlord shall comply with the provisions of NRS 118B.184 concerning the submission of a resident impact statement.
11. As used in this section, “timely” means not later than 3 days after the landlord learns of a closure.
(Added to NRS by 1987, 931; A 1989, 1796; 1991, 2278; 2001, 1183; 2003, 2476; 2005, 1602, 2327; 2007, 1030, 2328; 2009, 1929)