Real Estate Licensing  

We discussed SB230 in the Advocate when it was introduced last month; this is the bill that was introduced by Senator Mo Denis at NVR's request. The hearing was held on March 15 in Senate Commerce and Labor.

We have been working with the Real Estate Administrator to address the Division's concerns with the bill, and we created an amendment that would:

  • In lieu of requiring completion of certain post-licensing education before a licensee can list or write a contract, add an additional 30 hours to pre-licensing (15 hours of contract and 15 hours of agency) so the (new) licensees are well prepared before they enter the industry.
  • Add that the licensees 70+ years of age have to have been licensed in Nevada for 30+ years to qualify for the exemption, and have to be in good standing.

Legislative Chairman Kevin Sigstad testified in support of the bill and the Real Estate Division's proposed amendment. We will continue to work with Senator Denis (the bill sponsor), the Real Estate Division and other stakeholders to put an amendment in place that furthers the professionalism of our industry.



  Egregious Changes to Landlord/Tenant Law  

SB256 will probably contribute to high blood pressure for some of you. Introduced by Senator Cancela, it would make several changes to landlord/tenant law that are of concern for property managers and homeowners. It would:

  • Prohibit discrimination in housing on the basis that the income of a person is derived from governmental benefits;
  • Prohibit a person from refusing to rent a dwelling in a low-income housing project to an applicant because the applicant has a previous history of an inability to pay rent;
  • Allow a tenant to request an initial inspection before move out in order to allow the tenant to remedy any deficiency that may otherwise cause a deduction in the security deposit;
  • Allow the tenant to request a final inspection within 3 days of move out and receive a statement of any deficiencies;
  • Require the return of the security deposit within 14 days (instead of the current 30) or within 5 days of the final inspection, whichever is earlier;
  • Authorize a landlord to charge a reasonable late fee for late payment of rent, but not before 3 days after rent is due and the fee may not be higher than 5% of periodic rent;
  • Allow a tenant to recover damages for the landlord failing to maintain the unit in habitable condition without the usual notice if the tenant can prove to the court that the landlord had actual knowledge of the condition;
  • Allow a tenant seeking to recover damages in those circumstances  may raise a defense to an eviction without depositing the withheld rent in an escrow account;
  • Authorize the tenant to recover immediate possession, terminate the lease and recover damages if a landlord abuses the right to access the unit or uses that right to harass the tenant;
  • Require the landlord, during the 5-day period following the eviction or lockout, to provide the former tenant the opportunity to retrieve essential personal effects;
  • Establish an expedited procedure for the former tenant to retrieve essential personal effects if the landlord acts unreasonably in providing access;
  • Remove late fees from the definition of rent and prohibit a landlord from refusing to accept rent if the refusal is based on the fact that the tenant has not paid any amount that does not constitute rent.

The bill has been referred to Senate Commerce and Labor. No hearing has been scheduled at this time. Your Lobbying Team is part of discussions on how to alleviate the impacts of this measure.

Should you wish to express your opposition to SB256, you can do so easily online by visiting and selecting SB256.



  NVR President Meeting With Legislators  

NVR President Keith Lynam visited Carson City on March 14 and 15 to meet with the Lobbying Team and legislators in both houses. He discussed our concerns with Speaker Frierson and Senate Majority Leader Cannizzaro regarding several landlord-tenant measures as well as discussing NVR's bill (SB230) on increasing professionalism for the industry. Elected officials from both parties welcomed Mr. Lynam and were interested in all the issues impacting the real estate industry. Lynam concluded his visit with a meeting with Senate Commerce and Labor Chairwoman Spearman.



  Changes to Summary Eviction Process  

SB151 would:

  • Increase the pay or quit timeline from 5 full days to 10 judicial days;
  • Increase the period of time in which the constable has to remove a tenant in default of rent from within 24 hours of the court order to no earlier than 48 hours;
  • Increase the amount of time a person has after receiving a written notice to surrender when the person holds over and continues possession of real property or a mobile home that has been sold or foreclosed upon from 3 days to 30 days; and,
  • Change the method of service of the notices to the Nevada Rules of Civil Procedure or the Justice Court Rules of Civil procedure, as applicable.

The bill was heard in Senate Judiciary on March 12. Legislative Chairman Kevin Sigstad testified at the hearing. There are several conceptual amendments being discussed at this point, including one from NVR, that would alleviate some of the concerns NVR has expressed. Discussions are ongoing.



  Agents Responsible for Redacting Some Provisions in Recorded Documents  

SB117, which we discussed a month ago, was heard in Senate Judiciary on March 12. NVR's Lobbying Team has been working with the bill sponsor and other interested parties since it was introduced to address the significant concerns we had with the measure.

At the hearing, the bill sponsor presented a conceptual amendment that replaced almost the entire bill. The new language proposed would no longer require recorders, title insurance companies, escrow companies, real estate brokers, real estate agents or homeowners' association to redact any document. Instead, it would create a form, similar to that of the homestead declaration, that a homeowner could fill out and record to remove a discriminatory restriction from a recorded CC&R.

With that conceptual amendment, NVR's concerns were addressed, and Legislative Chairman Kevin Sigstad testified in support of the bill with the conceptual amendment (not as introduced). We are watching closely, as other amendments are in the works.



  2019 Session by the Numbers  

The 80th Session of the Nevada Legislature began on February 4, 2019. March 15 is day 40 of the 120-day session.

# of BDRs 1,250
# of Senate Bills 299
# of Assembly Bills 292
Bills Tracked by NVR 53
3/18 Bill introductions by legislators
3/25 Bill introductions by committees
4/12 First House committee passage
4/23 First House passage
5/1 Economic Forum
5/17 Second House committee passage
5/24 Second House passage
6/3 Sine Die


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March 15, 2019
 Inside this issue
2019 Major Investors
Investment completed as of March 14, 2019. 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+)

Your name here!

Golden R ($5,000+)

Nancy Anderson - PC
Diane Brown
Todd Disbrow
Wendy DiVecchio
Azim Jessa - PC
Heidi Kasama - PC
Keith Lynam - PC
Greg Martin
Doug McIntyre
Teresa McKee
George Peek - PC
Merri Perry (pledge)
Chris Plastiras
Devin Reiss
Linda Rheinberger - PC
Brandon Roberts
Leroy "Buck" Schaeffel
David R. Tina - PC
Donald Wilkerson
Judie Woods

Crystal R ($2,500+)

Jillian Batchelor
Rosa Herwick
Soozi Jones-Walker (pledge)
Timothy Kuptz
Robert Andy Stahl (pledge)
Chantel Tilley

Sterling R ($1,000+)

Donna Andrews
Katie Bawden
Becky Blankenburg
Lori Bottari
Paul Bottari
Leslie Cain
Sherrie Cartinella
Christina Chipman
Rocky Finseth
Bob Getto
David Graham
Eric Heinen
Lori Jenkins
Joan Kuptz
Erika Lamb
Jodi Lenzie
Aldo Martinez
Margie McIntyre
JC Melvin - PC
Jenny Minucci
Mark Miscevic
Carol Murphy
Pam Ricci
Cheryl Smith
Brad Spires
Katherine Tatro
Julie Youngblood

Association Corporate Investors

NV REALTORS® - Platinum R
RSAR - Platinum R
IVR - Crystal R
Contact Nevada REALTORS®

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