NRS711.255. Video service provided to tenants: Prohibited conduct by landlord; responsibilities of provider; payment of compensation for access; rights and duties regarding construction, installation, repair and purchase of facilities; certain discounts prohibited.

      1.  A landlord shall not:

      (a) Interfere with the receipt of service by a tenant from a video service provider or discriminate against a tenant for receiving service from a video service provider.

      (b) Except as otherwise provided in subsection 3, demand or accept payment of any fee, charge or valuable consideration from a video service provider or a tenant in exchange for granting access to the provider to provide service to the tenant.

      2.  A video service provider which desires to provide service to a tenant shall give 30 days’ written notice of that desire to the landlord before the provider takes any action to provide that service. Before authorizing the receipt of such service, a landlord may:

      (a) Take such reasonable steps as are necessary to ensure that the safety, function and appearance of the premises and the convenience and safety of persons on the property are not adversely affected by the installation, construction, operation or maintenance of the facilities necessary to provide the service, and is entitled to be reimbursed by the provider for the reasonable expenses incurred;

      (b) Require that the cost of the installation, construction, operation, maintenance or removal of the necessary facilities be borne by the provider; and

      (c) Require the provider to provide evidence that the provider will indemnify the landlord for any damage caused by the installation, construction, operation, maintenance or removal of the facilities.

      3.  A landlord is entitled to receive reasonable compensation for any direct adverse economic effect resulting from granting access to a video service provider. There is a rebuttable presumption that the direct adverse economic effect resulting from granting access to the real property of the landlord is $1,000 or $1 for each dwelling unit thereon, whichever sum is greater. If a landlord intends to require the payment of such compensation in an amount exceeding that sum, the landlord shall notify the provider in writing of that intention. If the provider does not receive such a notice within 20 days after the landlord is notified by the provider that a tenant has requested the provider to provide service to the tenant on the landlord’s premises, the landlord may not require compensation for access to that tenant’s dwelling unit in an amount exceeding $1,000. If within 30 days after receiving a landlord’s request for compensation in an amount exceeding $1,000, the provider has not agreed to pay the requested amount or an amount mutually acceptable to the provider and the landlord, the landlord may petition a court of competent jurisdiction to set a reasonable amount of compensation for the damage of or taking of the landlord’s real property. Such an action must be filed within 6 months after the date the provider completes construction.

      4.  In establishing the amount which will constitute reasonable compensation for any damage or taking claim by a landlord in excess of the sum established by rebuttable presumption pursuant to subsection 3, the court shall consider:

      (a) The extent to which the facilities of the video service provider physically occupy the premises;

      (b) The actual long-term damage which the facilities of the video service provider may cause to the premises;

      (c) The extent to which the facilities of the video service provider would interfere with the normal use and enjoyment of the premises; and

      (d) The diminution or enhancement in value of the premises resulting from the availability of the service.

      5.  The right of a video service provider to construct, install or repair its facilities and maintain its services within and upon the landlord’s premises is not affected or impaired because the landlord requests compensation in an amount exceeding the sum established by rebuttable presumption pursuant to subsection 3, or files an action to assert a specific claim against the provider.

      6.  A video service provider shall not offer a special discount or other benefit to a particular group of tenants as an incentive for those tenants to request service from the provider, unless the same discount or benefit is offered generally in the county.

      7.  A video service provider and a landlord shall negotiate in good faith for the purchase of the landlord’s existing cable facilities rather than for the construction of new facilities on the premises.

      8.  As used in this section, “landlord” means an owner of real property, or the owner’s authorized representative, who provides a dwelling unit on the real property for occupancy by another for valuable consideration. The term includes, without limitation, the lessor of a mobile home lot and the lessor or operator of a mobile home park.

      (Added to NRS by 1987, 1818; A 1989, 1038; 2007, 1372)