Here’s an update on the outcome of the Nevada legislative session.
We’ve finished the legislative secession here in Nevada, so today I wanted to share an update.
Around 10 days to the end of this legislative session, we thought that we were going to come out pretty well. We knew AB141 was going to pass, which is a piece of legislation that revises provisions relating to the sealing of records for summary evictions. We weren’t too concerned about that because we haven’t been able to evict for more than a year.
AB308 also passed, which requires that late fees could be charged after the third of the month. This also wasn’t an issue, as I charged late fees on the fifth of the month. Additionally, NVR and the National Association of Regional Property managers successfully killed AB218, which was set to be a very bad bill.
So with 10 days before the end of the session, we thought everything was pretty good. Then AB486 dropped.
AB486 essentially provides another extension of the eviction moratorium. It’s not stopping the evictions, but it is slow-walking the eviction process even more. For example, if a tenant says that they’re getting rental assistance, then the courts have to stay the eviction. The bill doesn’t really stipulate how long they have to stay the evictions, which is frustrating for the judges involved in these cases since they don’t have a lot of guidance.
Another effect of the bill is that if a landlord does get an eviction and the tenant later finds out that the property owner received rental assistance, the tenant could then sue the landlord for wrongful eviction. Under AB486, landlords could be civilly liable for a judge’s ruling. The bill doesn’t outline how a tenant can pursue such a case, nor whether it’s civil or criminal. There are many unanswered questions about it at this stage, and we hope that the Supreme Court will issue an opinion and provide some guidance.
I can tell you my plan, however. I’ve filed evictions this week, and we’re counseling tenants to file an answer with the courts and request mediation to have the eviction stayed for 30 days. The mediator has a direct line with CHAPS, and they’ll be the one to confirm if CHAPS’ money is coming or if the tenant is ineligible. The mediator will then report that to the judge, who will make a ruling. My hope is that having an impartial third party involved will help circumvent some issues down the road.
If you have any questions about today’s update, don’t hesitate to reach out to me. I’d love to help you.