NRS118B.183. Obligations of landlord for conversion of park to other use: Notices; financial liability; resident impact statement; restrictions regarding increase in rent.

      1.  A landlord may convert an existing manufactured home park to any other use of the land if the change is approved by the appropriate local zoning board, planning commission or governing body. In addition to any other reasons, a landlord may apply for such approval if the landlord is forced to close the 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 for health or safety reasons.

      2.  The landlord may undertake a conversion pursuant to this section only if:

      (a) The landlord gives notice in writing to the Division and each tenant within 5 days after the landlord files his or her application for the change in land use with the local zoning board, planning commission or governing body;

      (b) The landlord pays the amounts required by subsections 4, 5 and 6;

      (c) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, written notice is served on each 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; and

      (d) The landlord complies with the provisions of NRS 118B.184 concerning the submission of a resident impact statement.

      3.  At the time of providing notice of the conversion of the park pursuant to this section, 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 150 miles that have reported having vacant spaces.

      4.  If the tenant chooses to move the manufactured home:

      (a) The tenant shall, within 75 days after receiving notice of the conversion, 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 the tenant’s manufactured home and its appurtenances to a new location in this State or another state within 150 miles from the manufactured home park; or

             (2) If the new location is more than 150 miles from the manufactured home park, the cost of moving the manufactured home for the first 150 miles,

Ê including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his or her manufactured home and its appurtenances in the new lot or park.

      5.  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.

      6.  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 150 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.

      7.  A landlord shall not increase the rent of any tenant:

      (a) For 180 days before filing an application for a change in land use, permit or variance affecting the manufactured home park; or

      (b) At any time after filing an application for a change in land use, permit or variance affecting the manufactured home park unless:

             (1) The landlord withdraws the application or the appropriate local zoning board, planning commission or governing body denies the application; and

             (2) The landlord continues to operate the manufactured home park after the withdrawal or denial.

      8.  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 available 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.

      9.  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 6.

      10.  The provisions of this section do not apply to a corporate cooperative park.

      (Added to NRS by 1987, 930; A 1989, 1797; 1991, 2279; 2001, 1184, 1946; 2003, 2477; 2005, 1603, 2329; 2007, 1031, 2331; 2009, 1933; 2011, 275)