NRS118B.130. Restrictions on tenants: Obligations of landlord before change; notice.

      1.  A landlord may not change:

      (a) An existing park to a park for older persons pursuant to federal law unless the tenants who do not meet those restrictions and may lawfully be evicted are moved to other parks at the expense of the landlord; or

      (b) The restriction of a park for older persons pursuant to federal law unless the tenants are given the option of remaining in their spaces or moving to other parks at the expense of the landlord.

      2.  A tenant who elects to move pursuant to a provision of subsection 1 shall give the landlord notice in writing of the tenant’s election to move within 75 days after receiving notice of the change in restrictions in the park.

      3.  At the time of providing notice of the change in restrictions in the park, the 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 a landlord is required to move a tenant to another park pursuant to subsection 1, the landlord shall pay:

      (a) 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

      (b) 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 of a park in which restrictions have been or are being changed shall give written notice of the change to each:

      (a) Tenant of the park who does not meet the new restrictions; and

      (b) Prospective tenant before the commencement of the tenancy.

      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.

      (Added to NRS by 1981, 2029; A 1987, 982; 1991, 2276; 2001, 1178; 2007, 2327; 2009, 1928; 2011, 270)