SB381 – In Honor of Native American Heritage Month

To celebrate Native American Heritage Month, we are sharing all the favorable outcomes of the 82nd Legislative Session.

As all our relatives become more engaged in civic matters, please know that Senate Bill 381 prohibits landlords from imposing maintenance fees on tenants.

Existing law requires a landlord to maintain a dwelling unit in a habitable condition at all times during the tenancy of that dwelling unit. (NRS 118A.290)

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.

Section 1. NRS 118A.290 is hereby amended to read as follows: 118A.290

1. The landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. A dwelling unit is not habitable if it violates provisions of housing or health codes concerning the health, safety, sanitation or fitness for habitation of the dwelling unit or if it substantially lacks:

(a) Effective waterproofing and weather protection of the roof and exterior walls, including windows and doors.

(b) Plumbing facilities which conformed to applicable law when installed and which are maintained in good working order.

(c) A water supply approved under applicable law, which is:

  1. Under the control of the tenant or landlord and is capable of producing hot and cold running water;
  2. Furnished to appropriate fixtures; and
  3. Connected to a sewage disposal system approved under applicable law and maintained in good working order to the extent that the system can be controlled by the landlord.

(d) Adequate heating facilities which conformed to applicable law when installed and are maintained in good working order.

(e) Electrical lighting, outlets, wiring and electrical equipment which conform to applicable law when installed and are maintained in good working order.

(f) An adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the commencement of the tenancy. The landlord shall arrange for the removal of garbage and rubbish from the premises unless the parties by written agreement provide otherwise.

(g) Building, grounds, appurtenances and all other areas under the landlord’s control at the time of the commencement of the tenancy in every part clean, sanitary and reasonably free from all accumulations of debris, filth, rubbish, garbage, rodents, insects and vermin.

(h) Floors, walls, ceilings, stairways and railings maintained in good repair.

(i) Ventilating, air-conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord.

The NEVADA INDIAN COMMISSION (NIC) is a State agency created by statute in 1965 to “study matters affecting the social and economic welfare and well-being of American Indians residing in Nevada, including but not limited to matters and problems relating to Indian affairs and to federal and state control, responsibility, policy, and operations affecting such Indians.” Beginning on July 1, 2024, our agency will be known as the Department of Native American Affairs (DNA).

For more information about property regulations, click here.