An Overview of the 2023 Nevada Legislative Session pertaining to Real Estate.
Prepared by Mark Fleysher, B.142923
During the 2023 Carson City Legislative Session, a slew of bills pertaining to rental regulations, rent control, and other Landlord-Tenant relations were introduced. However, many faced vetoes or stagnation. Brace yourself for a tumultuous 2025 session! Notably, Nevada is one of just six states that convene for Legislative Sessions biennially. Here’s a recap of the 2023 session:
Explore our Fall 2023 Real Estate Sales and Rentals Market Updates
Overview
During the 2023 Carson City Legislative Session, a slew of bills pertaining to rental regulations, rent control, and other Landlord-Tenant relations were introduced. However, many faced vetoes or stagnation. Brace yourself for a tumultuous 2025 session! Notably, Nevada is one of just six states that convene for Legislative Sessions biennially. Here’s a recap of the 2023 session:
Special Session
The significant taxpayer aid package for the A’s Baseball Stadium got the green light as Nevada Gov. Joe Lombardo signed a bill pledging $380 million in taxpayer money towards the $1.5 billion stadium. Located on the Strip, the new baseball stadium is part of the Oakland Athletics’ planned move to Las Vegas, with an opening projected for 2028. The A’s organization has also committed to an annual $2 million return to the community as part of the deal. The final step for the relocation requires a majority vote by MLB owners, expected to take place in mid-November.
Legislation was proposed in the Nevada Legislature to allocate $190 million in annual tax credits over a span of two decades to attract film productions to two locations in southern Nevada, one being a significant $1 billion Sony expansion. Regrettably, the Film Industry Credits bill did not advance. However, supporters of the film tax credit remain optimistic despite the legislative challenge.
Real Estate & Property Updates
Say Hello to SB381: Effective July 1, 2023 the Nevada Senate has amended NRS 118A.290 via Senate Bill Number 381; referencing the Legislative Counsel’s Digest: “Existing law requires a landlord to maintain a dwelling unit in a habitable condition at all times during the tenancy of that dwelling unit. This bill prohibits a landlord from requiring a tenant to pay any fee or other charge for the performance of any repairs, maintenance tasks or other work for which the landlord has a duty to perform to maintain the habitability of the dwelling unit. This bill provides an exception from that prohibition for any fee or other charge for the performance of any repairs, maintenance tasks or other work necessary for a condition caused by a deliberate or negligent act or omission by the tenant, a member of the tenant’s household or a person who has the consent of the tenant to be on the premises.”
Say Goodbye to AB486: This protective act was established in 2021 for tenants seeking rental assistance due to the pandemic’s economic repercussions. “After the CARES Act went into effect, Nevada local governments received money from the federal government to help tenants who could not pay their rent because they lost income or became sick or experienced other loss due to COVID. The goal of AB486 was to make sure landlords were paid rent but also to protect tenants who could not pay … AB486 expired on June 5, 2023, despite the continued funding [availability] for rental assistance. … while tenants can still apply for rental assistance from their local government or human or social service agency, the court is no longer required to stay any eviction while that rental assistance application is pending.” Visit Nevada Legal Services.
CARES 30-Day Notice to Vacate for Non-Payment of Rent. note: to our understanding this applies to any properties that are supported by or receive government funding (eg, SNVRHA, HUD Programs, and Low Income Housing Tax Credits) and properties with federally backed mortgages (eg: FHA, Frannie Mae and Freddie Mac). “the CARES Act 30-day notice to vacate requirement for nonpayment of rent (included in Section 4024(c)(1)) remains in effect for all CARES Act covered properties. HUD’s interim final rule that provides 30-day notice for eviction for non-payment of rent is still in effect for all public housing and HUD-assisted multifamily housing. HUD is currently drafting a notice of proposed rulemaking that would require a 30-day notice for eviction for non-payment of rent even when emergency assistance is not available. ” See hud.gov/nationalemergency
Clark County Ordinance 9.04.170: Effective September 2023, tenants can no longer directly connect trash services with Republic Services in Clark County. It’s a mandate for property owners to establish these services.
Realtor Highlights
- Seller’s Real Property Disclosure Form AB 398: Effective July 1, 2021 (previous session, worth mentioning), introduced by Nevada Realtors during the 2021 session, it aimed to lessen the liability on seller’s agents concerning details provided by sellers. Sellers, to maintain sale integrity and avoid legal pitfalls, transparently disclose all known defects on the SRPD. This fortifies trust and ensures both peace of mind and legal protection.
- Not many significant bills were passed that could directly influence HOAs.
- Nevada Realtors actively tracked 83 bills with relevance to private property rights and real estate ventures.
Other Significant Bills
- AB18-8 merged into SB283, allowing patients with severe illnesses to opt for experimental treatments.
- SB131 fortified an executive order by ex-governor Sisolak to safeguard out-of-state abortion seekers and medical facilitators. This received approval from both legislative houses and the governor’s sign-off.
- AB220: Water Conservation specific to Clark County, emphasizing water conservation and guidelines for septic systems.
- SB400 shines a light on school choice, proposing tweaks to the voucher system.
- Affordable Housing: Multiple proposals were brought forward to endorse affordable housing solutions, counteract homelessness, and lay the groundwork for supportive housing programs.
- AB448 zeroes in on closing gaps in the real property transfer tax.
- AB330 amplifies teachers’ and school leaders’ capabilities concerning disciplinary measures.
Legislative Structure and Dynamics
- Assembly (Lower House): Comprising 42 members, each serves a 2-year term, limited to 6 terms or 12 years in total.
- Senate (Upper House): Made up of 21 members, they have a 4-year term, capped at 3 terms or a total of 12 years.
- Democrats had control over both the Senate and Assembly chambers.
- Republican Governor Lombardo set a new record by vetoing 75 bills.
- A noteworthy point is that many legislators are fairly new due to term limits, leading to unique challenges in the legislative process.
- Regarding Bill Draft Requests (BDRs), 1,234 were put forward, maintaining the average range of about 1,000 to 1,250 every session.
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