Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 223–Assemblymembers Considine;
Anderson, Karris, Mosca, Roth and Watts
CHAPTER..........
AN ACT relating to real property; authorizing a tenant whose
landlord fails to remedy a failure to maintain a dwelling unit
in a habitable condition to file a verified complaint for
expedited relief; revising certain provisions relating to the
content of written rental agreements; revising provisions
relating to the payment of rent; revising provisions relating to
requirements for habitability; revising provisions relating to
the remedies a tenant is authorized to pur sue if a landlord
fails to remedy certain breaches or failures relating to
habitability; providing that certain items and services
constitute essential items and services for purposes of such
provisions; revising the amounts which a tenant is authorized
to recover from a landlord who takes certain unlawful actions
or fails to make required disclosures; requiring a landlord to,
under certain circumstances, provide a tenant who has
terminated a rental agreement with a reasonable length of
time to gather his o r her belongings; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Section 3 of this bill defines the term “loss of value” for purposes of the
provisions set forth in existing law governing the relationship between landlords
and tenants. (Chapter 118A of NRS)
Existing law requires a written rental agreement to contain provisions relating
to certain subjects, including certain information concerning the contact
information of the landlord or his or her authorized representative. (NRS 118A.200)
Section 6 of this bill requires the electronic mail address of the landlord or his or
her authorized representative to be included in such provisions.
Existing law provides that the absence of a written agreement raises certai n
disputable presumptions, including a presumption that maintenance and waste
removal services are provided without charge to the tenant. (NRS 118A.200)
Section 6 additionally includes the provision of utility services at no charge to the
tenant in such a presumption.
Existing law sets forth certain provisions governing the payment of rent by a
tenant and the delivery of certain signed written receipts to a tenant. (NRS
118A.210, 118A.250) Section 8 of this bill requires a landlord to provide a written
receipt to a tenant upon the receipt of each payment of rent.
Existing law requires a landlord, at all times during a tenancy, to maintain a
dwelling unit in a habitable condition and provides that a dwelling unit is not
habitable if it violates provisions o f certain housing or health codes or if it
substantially lacks certain things, including floors, walls, ceilings, stairways and
railings which are maintained in good repair. (NRS 118A.290) Section 9 of this bill
additionally provides that a dwelling unit i s not habitable if it substantially lacks:
(1) doors and windows which are maintained in good repair; (2) effective measures
in place to control the presence of rodents, insects and vermin; (3) effective
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measures in place to prevent exposure to unsafe leve ls of radon, lead paint,
asbestos, toxic mold and other hazardous substances; (4) in the dwelling unit and
any other part of the areas on the premises under the landlord’s control, locks which
are maintained in good repair on all exterior doors and all win dows which are
capable of being opened; and (5) safety equipment which is required by law to be
included in the dwelling unit maintained in good working order.
Existing law requires, if a landlord fails to comply with a rental agreement, a
tenant to deliv er a written notice to the landlord specifying the acts and omissions
constituting the breach and stating that the rental agreement will be terminated.
Existing law further authorizes, if the landlord fails to remedy the breach or make a
reasonable effort to do so within 14 days after receipt of the notice, a tenant to: (1)
terminate the rental agreement immediately; (2) recover actual damages; and (3)
apply to the court for such relief as the court deems proper under the circumstances.
(NRS 118A.350) Section 10 of this bill authorizes the tenant to terminate the rental
agreement without incurring any fee which is assessed by the landlord for the early
termination of a rental agreement and authorizes the tenant to additionally provide
the landlord with writt en notice of the intent of the tenant to terminate the rental
agreement on a date which is not later than 60 days after the date the notice is
provided to the landlord. Sections 11 and 12 of this bill similarly authorize tenants
whose landlords have failed to maintain a dwelling unit in a habitable condition or
supply essential items and services to terminate a rental agreement in this manner.
(NRS 118A.355, 118A.380)
Existing law further prohibits a tenant from taking certain remedial actions if
the breach is remediable and the landlord adequately remedies the breach or uses
his or her best efforts to remedy the breach within 14 days after receipt of the
notice. (NRS 118A.350) Section 10 instead provides that a tenant is prohibited
from taking such remedia l actions if the breach is remediable and the landlord
remedies the breach within the prescribed time. Existing law additionally prohibits
a tenant from taking such remedial actions unless the tenant has provided the
landlord with certain notice but author izes the tenant to recover actual damages
without such notice if the landlord: (1) admits to the court that the landlord had
knowledge of the condition constituting the breach; or (2) has received written
notice of that condition from a governmental agency authorized to inspect for
violations of building, housing or health codes. (NRS 118A.350) Section 10 instead
authorizes the tenant to recover actual damages without providing such notice if the
landlord: (1) received written notice of that condition from such a governmental
agency; or (2) had actual knowledge of the condition constituting the breach.
Sections 11 and 12 similarly, for tenants whose landlords have failed to maintain a
dwelling unit in a habitable condition or supply essential items and servi ces: (1)
remove language which would prohibit such tenants from taking certain remedial
actions if the landlord has failed to adequately remedy the failure or used his or her
best efforts to remedy the concern; and (2) revise the circumstances under which a
tenant is authorized to take certain remedial actions without providing notice. (NRS
118A.355, 118A.380)
Existing law authorizes a tenant whose landlord has failed to maintain a
dwelling unit in a habitable condition to take certain remedial actions if a landlord
fails to adequately remedy the failure or use his or her best efforts to remedy the
failure within a certain period of time. (NRS 118A.355) Section 4 of this bill
authorizes a tenant, in addition to such remedial actions, to file a verified complaint
for expedited relief with the court and sets forth procedures relating to the filing,
hearing and disposition of such a verified complaint. Section 4 also: (1) authorizes
a tenant who files such a verified complaint to withhold any rent that becomes due
without incurring late fees, charges for notice or certain other charges until the
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landlord has remedied the failure; (2) authorizes the court to order that such rent be
placed into an escrow account which is maintained or approved by the court; and
(3) requires the payment of all costs and official fees for any tenant who files such a
verified complaint to be deferred and later assessed against the party tha t does not
prevail. Section 17 of this bill authorizes a tenant to provide a copy of the notice
provided to a landlord to a district board of health for purposes of certain provisions
relating to the inspection of and administrative proceedings concerning health
hazards, in addition to any remedy provided in section 4.
Existing law further requires justice courts to establish by local rule a
mechanism by which tenants that withhold rent under such circumstances may
deposit such rent into an escrow account maintained or approved by the court.
(NRS 118A.355) Section 11: (1) requires such rules to additionally provide for the
deposit of rent withheld pursuant to section 4; and (2) prohibits a court from
releasing any money deposited into such accounts until th e time period to file an
appeal has run.
Existing law authorizes, under certain circumstances, a tenant to withhold any
rent that becomes due without incurring certain charges until the landlord has
remedied, or has attempted in good faith to remedy, certain failures to maintain a
dwelling in a habitable condition. Existing law further provides that a tenant who
takes such actions does not have a defense to an eviction unless the tenant has
deposited the withheld rent into an escrow account maintained or a pproved by the
court. (NRS 118A.355) Section 11 instead provides that a tenant does not have
such a defense unless: (1) he or she has deposited the withheld rent minus any
applicable loss of value, into such an escrow account; or (2) the court determines, at
the time of the hearing, that the tenant has otherwise retained or is capable of
paying the withheld rent minus any applicable loss of value.
Existing law additionally prohibits a tenant whose landlord has failed to
maintain a dwelling unit in a habita ble condition from taking certain remedial
actions if the condition was caused by the tenant’s own deliberate or negligent act
or omission or that of a member of his or her household or other person on the
premises with his or her consent. (NRS 118A.355) Section 11 prohibits such a
tenant from taking such remedial actions, including filing a verified complaint for
expedited relief pursuant to section 4, if the condition was proven, by clear and
convincing evidence, to have been caused by the tenant’s own de liberate or
negligent act or omission or that of a member of his or her household or other
person on the premises with his or her consent who is not another tenant, or guest
thereof, on the premises pursuant to a separate rental agreement. Section 12
similarly prohibits a tenant whose landlord has willfully or negligently failed to
supply essential items or services from taking certain remedial actions under such
circumstances. (NRS 118A.380)
Existing law authorizes a tenant to take certain remedial action s if his or her
landlord willfully or negligently fails to supply essential items or services and by
doing so, caused the premises to become unfit for habitation. Existing law further
provides a nonexhaustive list of certain items and services which consti tute
essential items or services, including, heat, air -conditioning, running water, hot
water, electricity, gas and a functioning door lock. (NRS 118A.380) Section 12
includes in such a list a functioning window lock and functional safety equipment.
Existing law authorizes a tenant to take certain actions and recover actual
damages or an amount not greater than $2,500 which is fixed by a court, or both, if
a landlord: (1) unlawfully removes the tenant from the premises or excludes the
tenant by blocking or attempting to block the tenant’s entry upon the premises; (2)
willfully interrupts or causes or permits the interruption of any essential item or
service required by the rental agreement or by law; or (3) recovers possession of the
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dwelling unit under cer tain other circumstances which are prohibited by existing
law. (NRS 118A.390) Section 13 of this bill: (1) revises the monetary amount that
a tenant is authorized to recover by instead providing that the tenant is authorized to
recover an amount which is t hree times the periodic rent or the tenant’s actual
damages, whichever is greater; and (2) additionally authorizes such remedial
measures in circumstances where a landlord negligently interrupts or causes or
permits the interruption of any essential item o r service required by the rental
agreement or by law. Section 15 of this bill makes a conforming change to make
the revisions made by section 13 inapplicable to provisions governing liability of a
landlord who unlawfully retains the household goods or pers onal property of a
tenant. (NRS 118A.520) Section 16 of this bill makes a conforming change to
require certain notices provided to a tenant to include notice of the ability of the
tenant to seek relief if a landlord negligently interrupts or causes or perm its the
interruption of any essential item or service required by the rental agreement or by
law. (NRS 40.253)
Section 13: (1) requires a landlord to provide a tenant who terminates his or her
rental agreement under certain circumstances to provide the t enant with a
reasonable length of time to gather his or her belongings; (2) provides that a
landlord who was provided notice by a tenant which specified the willful or
negligent failure to supply essential items or services and failed to remedy the
breach is presumed to have negligently caused the interruption of the essential
items or services; and (3) provides that a landlord may overcome such a
presumption by showing clear and convincing evidence that the restoration could
not be accomplished within the notice period. Finally, section 13 removes the
requirement for a tenant to file ce rtain verified complaints for expedited relief with
the court 5 judicial days after the last date of the unlawful act by the landlord .
(NRS 118A.390)
Existing law: (1) requires a landlord, or any person authorized to enter into a
rental agreement on his or her behalf, to disclose certain information to a tenant in
writing before the commencement of a tenancy or to post such information in
certain areas; and (2) authorizes a tenant to recover actual damages or $25,
whichever is greater, after a demand if t he landlord fails to make such disclosures
or postings. (NRS 118A.260, 118A.270, 118A.410) Section 14 of this bill instead
provides that a tenant is authorized to recover actual damages or an amount equal to
5 percent of the periodic rent, whichever is greater, under such circumstances.
Section 5 of this bill makes a conforming change to indicate the placement of
section 3 in the Nevada Revised Statutes.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 118A of NRS is hereby amended by
adding thereto the provisions set forth as sections 2, 3 and 4 of this
act.
Sec. 2. (Deleted by amendment.)
Sec. 3. “Loss of value” means a portion o f the rent of a
dwelling unit which:
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(a) Reflects the amount of rent to be deducted from the
periodic rent of the dwelling unit; and
(b) Is based on the extent to which a condition of the premises
which violates the provisions of this chapter or a rental agreement
impairs the use and enjoyment of the dwelling unit by the tenant.
Sec. 4. 1. If a tenant provides written notice to a landlord
pursuant to subsection 1 of NRS 118A.355 and the landlord fails
to remedy a failure to maintain the dwelling unit in a habitable
condition within the time prescribed in NRS 118A.355, the tenant
may file a verified complaint for expedited relief with the court.
Upon filing a verified complaint pursuant to this subsection, a
tenant may withhold any rent that becomes due without incurring
late fees, charges for notice or any other charge or fee authorized
by this chapter or the rental agreement.
2. A verified complaint filed pursuant to subsection 1 must
state:
(a) The manner in which the tenant provided notice of each
failure to the landlord;
(b) The date on which the tenant provided notice of each
failure to the landlord;
(c) An estimate of what the tenant believes is the loss of value;
(d) A description of each failure which is the subject of the
notice; and
(e) Whether the tenant is withholding rent.
3. A verified complaint filed pursuant to subsection 1:
(a) May be consolidated with any action for summary eviction
or unlawful detainer that is already pending between the landlo rd
and tenant.
(b) May be raised as a defense in an action for summary
eviction or unlawful detainer.
4. The court shall conduct a hearing on a verified complaint
filed pursuant to subsection 1 not later than 7 calendar days after
the filing of the verified complaint unless the court determines that
good cause exists to extend such time. Before or at the scheduled
hearing, the tenant must provide to the court proof that the
landlord has been properly served with a copy of the verified
complaint. Upon the hearing, if the court determines that the
landlord has violated the provisions of subsection 1 of NRS
118A.355, the court may:
(a) Order the landlord to remedy each failure specified in the
verified complaint;
(b) Award actual damages; and
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(c) Enjoin the landlord from unlawfully removing the tenant
from the dwelling unit or excluding the tenant by blocking or
attempting to block the tenant’s entry upon the dwelling unit and,
if the circumstances so warrant:
(1) Hold the landlord in contempt of court; or
(2) Abate the rent owed by the tenant in total or in part, in
addition to any amount of rent owed which is reduced pursuant to
subsection 5.
5. If a tenant has withheld rent pursuant to subsection 1, the
court shall determine the amount of r ent that the tenant owes to
the landlord during the period of time in which one or more
failures specified in the verified complaint exist by subtracting the
loss of value from the rent owed by the tenant pursuant to the
rental agreement. The court may order that any such rent which is
currently owed by the tenant or will be owed by the tenant be
placed into an escrow account which is maintained or approved by
the court. A landlord is not eligible to receive any money placed
into an escrow account pursuant to this subsection until the
landlord submits to the court evidence that the failure has been
remedied.
6. The payment of all costs and fees must be deferred for any
tenant who files a verified complaint for expedited relief pursuant
to this section. Af ter any hearing and not later than the final
disposition of the filing or order, the court shall assess the costs
and fees against the party that does not prevail, except that the
court may reduce or waive the costs and fees, as justice may
require.
Sec. 5. NRS 118A.020 is hereby amended to read as follows:
118A.020 As used in this chapter, unless the context otherwise
requires, the terms defined in NRS 118A.030 to 118A.175,
inclusive, and section 3 of this act have the meanings ascribed to
them in those sections.
Sec. 6. NRS 118A.200 is hereby amended to read as follows:
118A.200 1. Any written agreement for the use and
occupancy of a dwelling unit or premises must be signed by the
landlord or his or her agent and the tenant or his or her agent.
2. The landlord shall provide one copy of any written
agreement described in subsection 1 to the tenant free of cost at the
time the agreement is executed and, upon request of the tenant,
provide additional copies of any such agreement to the tenant within
a reasonable time. The landlord may charge a reasonable fee for
providing the additional copies.
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3. Any written rental agreement must contain, but is not limited
to, provisions relating to the following subjects:
(a) Duration of the agreement.
(b) Amount of rent and the manner and time of its payment.
(c) Occupancy by children or pets.
(d) Services included with the dwelling rental.
(e) Fees which are required and the purposes for w hich they are
required.
(f) Deposits which are required and the conditions for their
refund.
(g) Charges which may be required for late or partial payment of
rent or for return of any dishonored check.
(h) Inspection rights of the landlord.
(i) A listing of persons or numbers of persons who are to occupy
the dwelling.
(j) Respective responsibilities of the landlord and the tenant as
to the payment of utility charges.
(k) A signed record of the inventory and condition of the
premises under the exclusive custody and control of the tenant.
(l) A summary of the provisions of NRS 202.470.
(m) Information regarding the procedure pursuant to which a
tenant may report to the appropriate authorities:
(1) A nuisance.
(2) A violation of a building, safety o r health code or
regulation.
(n) Information regarding the right of the tenant to engage in the
display of the flag of the United States, as set forth in
NRS 118A.325.
4. In addition to the provisions required by subsection 3, any
written rental agreement for a single -family residence which is not
signed by an authorized agent of the landlord who at the time of
signing holds a permit to engage in property management pursuant
to chapter 645 of NRS must contain a disclosure at the top of the
first page of the agreement, in a font size at least two times larger
than any other font size in the agreement, which states that:
(a) There are rebuttable presumptions in NRS 205.0813 and
205.0817 that the tenant does not have lawful occupancy of the
dwelling unless the agreement:
(1) Is notarized or is signed by an authorized agent of the
landlord who at the time of signing holds a permit to engage in
property management pursuant to chapter 645 of NRS; and
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(2) Includes the current address , electronic mail address and
telephone number of the landlord or his or her authorized
representative; and
(b) The agreement is valid and enforceable against the landlord
and the tenant regardless of whether the agreement:
(1) Is notarized or is signed by an authorized agent of the
landlord who at the time of signing holds a permit to engage in
property management pursuant to chapter 645 of NRS; or
(2) Includes the current address , electronic mail address and
telephone number of the landlord or his or her authorized
representative.
5. The absence of a written agreement raises a disputable
presumption that:
(a) There are no restrictions on occupancy by children or pets.
(b) Maintenance , utility and waste removal services are
provided without charge to the tenant.
(c) No charges for partial or late payments of rent or for
dishonored checks are paid by the tenant.
(d) Other than normal wear, the premises will be returned in the
same condition as when the tenancy began.
6. It is unlawful for a landlord or any pers on authorized to
enter into a rental agreement on his or her behalf to use any written
agreement which does not conform to the provisions of this section,
and any provision in an agreement which contravenes the provisions
of this section is void.
7. As u sed in this section, “single -family residence” means a
structure that is comprised of not more than four units. The term
does not include a manufactured home as defined in
NRS 118B.015.
Sec. 7. (Deleted by amendment.)
Sec. 8. NRS 118A.250 is hereby amended to read as follows:
118A.250 1. The landlord shall deliver to the tenant upon the
tenant’s request a signed written receipt for the security deposit or
surety bond, or a combination thereof, and any other payments,
deposits or fees, including rent, paid by the tenant and received by
the landlord. The tenant may refuse to make rent payments until the
landlord tenders the requested receipt.
2. The landlord shall provide a signed writt en receipt to a
tenant upon the receipt of each payment of rent. Nothing in this
subsection prohibits a tenant from requesting an additional signed
written receipt pursuant to subsection 1.
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Sec. 9. 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, sa fety, 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 conformed to applicable law when installed and are
maintained in good working order.
(f) An adequate number o f 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, roden ts, insects and
vermin.
(h) Effective measures in place to:
(1) Control the presence of rodents, insects and vermin;
and
(2) Prevent exposure to unsafe levels of radon, lead paint,
asbestos, toxic mold and other hazardous substances.
(i) Floors, wall s, doors, windows, ceilings, stairways and
railings maintained in good repair.
[(i)] (j) Ventilating, air -conditioning and other facilities and
appliances, including elevators, maintained in good repair if
supplied or required to be supplied by the landlord.
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(k) In the dwelling unit and all other areas on the premises
under the landlord’s control, locks or other security devices
maintained in good repair and located on all exterior doors and all
windows which are capable of being opened.
(l) Safety equipment maintained in good working order, which
is required by law to be included in the dwelling unit.
2. The landlord and tenant may agree that the tenant is to
perform specified repairs, maintenance tasks and minor remodeling
only if:
(a) The agreement of the parties is entered into in good faith;
and
(b) The agreement does not diminish the obligations of the
landlord to other tenants in the premises.
3. An agreement pursuant to subsection 2 is not entered into in
good faith if the landlord has a duty under subsection 1 to perform
the specified repairs, maintenance tasks or minor remodeling and
the tenant enters into the agreement because the landlord or his or
her agent has refused to perform them.
4. Except as otherwise provided in subsection 5, the landlord
shall not require 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 under subsection 1 to perform,
including, without limitation, any fee or other char ge to cover the
costs of any deductible or copayment under a policy of insurance for
home protection or service contract for the performance of any such
repairs, maintenance tasks or other work.
5. The landlord may require a tenant to pay any fee or othe r
charge for the performance of any repairs, maintenance tasks or
other work necessary for a condition caused by the tenant’s own
deliberate or negligent act or omission or that of a member of his or
her household or other person on the premises with his o r her
consent.
6. As used in this section:
(a) “Insurance for home protection” has the meaning ascribed to
it in NRS 690B.100.
(b) “Service contract” has the meaning ascribed to it in
NRS 690C.080.
Sec. 10. NRS 118A.350 is hereby amended to read as follows:
118A.350 1. Except as otherwise provided in this chapter, if
the landlord fails to comply with the rental agreement, the tenant
shall deliver a written notice to the landlord specifying the acts and
omissions cons tituting the breach and stating that the rental
agreement will terminate as provided in this section. If the breach is
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remediable and the landlord [adequately] remedies the breach [or
uses his or her best efforts to remedy the breach ] within 14 days
after receipt of the notice, the rental agreement does not terminate
by reason of the breach. If the landlord fails to remedy the breach
[or make a reasonable effort to do so] within the prescribed time, the
tenant may:
(a) [Terminate] Without incurring any fee which is assessed by
the landlord for the early termination of a rental agreement,
terminate the rental agreement by providing the landlord with
written notice of the intent of the tenant to terminate the rental
agreement immediately [.] or on a date which is not later than 60
days after the date the notice is provided to the landlord.
(b) Recover actual damages.
(c) Apply to the court for such relief as the court deems proper
under the circumstances.
2. The tenant may not term inate the rental agreement for a
condition which is proven by clear and convincing evidence to be
caused by the tenant’s own deliberate or negligent act or omission or
that of a member of his or her household or other person on the
premises with his or her consent [.] who is not another tenant, or
guest thereof, on the premises pursuant to a separate rental
agreement.
3. If the rental agreement is terminated, the landlord shall
return all prepaid rent and any security deposit recoverable by the
tenant under this chapter.
4. A tenant may not proceed under this section unless the
tenant has given notice as required by subsection 1, except that the
tenant may, without giving that notice, recover damages under
paragraph (b) of subsection 1 if the landlord:
(a) [Admits to the court that the landlord had ] Had actual
knowledge of the condition constituting the breach; or
(b) Has received written notice of that condition from a
governmental agency authorized to inspect for violations of
building, housing or health codes.
Sec. 11. NRS 118A.355 is hereby amended to read as follows:
118A.355 1. Except as otherwise provided in this chapter, if
a landlord fails to maintain a dwelling unit in a habitable condition
as required by this chapter, the tenant shall deliver a written notice
to the landlord specifying each failure by the landlord to maintai n
the dwelling unit in a habitable condition and requesting that the
landlord remedy the failures. If [a failure is remediable and ] the
landlord [adequately] remedies the failure [or uses his or her best
efforts to remedy the failure ] within 14 days after receipt of the
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notice, the tenant may not proceed under this section. If the landlord
fails to remedy a [material] failure to maintain the dwelling unit in a
habitable condition [or to make a reasonable effort to do so ] within
the prescribed time, the tena nt may [:] file a verified complaint
pursuant to section 4 of this act or:
(a) [Terminate] Without incurring any fee which is assessed
for the early termination of a rental agreement, terminate the
rental agreement by providing the landlord with written n otice of
the intent of the tenant to terminate the rental agreement
immediately [.] or on a date which is not later than 60 days after
the notice is provided to the landlord.
(b) Recover actual damages.
(c) [Apply to the court for such relief as the court deems proper
under the circumstances.
(d)] Withhold any rent that becomes due without incurring late
fees, charges for notice or any other charge or fee authorized by this
chapter or the rental agreement until the landlord has remedied [, or
has attempted in good faith to remedy,] the failure.
2. The tenant may not proceed under this section [:] or section
4 of this act:
(a) For a condition which is proven by clear and convincing
evidence to be caused by the tenant’s own deliberate or negligent act
or omission or that of a member of his or her household or other
person on the premises with his or her consent [;] who is not
another tenant, or guest thereof, on the premises pursuant to a
separate rental agreement; or
(b) If the landlord’s inability to [adequately] remedy the failure
[or use his or her best efforts to remedy the failure] within 14 days is
due to the tenant’s refusal to allow lawful access to the dwelling unit
as required by the rental agreement or this chapter.
3. If the rental agre ement is terminated, the landlord shall
return all prepaid rent and any security deposit recoverable by the
tenant under this chapter.
4. A tenant may not proceed under this section or section 4 of
this act unless the tenant has given notice as required by subsection
1, except that the tenant may, without giving that notice:
(a) Recover damages under paragraph (b) of subsection 1 if the
landlord:
(1) [Admits to the court that the landlord had ] Had actual
knowledge of the condition constituting the failure to maintain the
dwelling in a habitable condition; or
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(2) Has received written notice of that condition from a
governmental agency authorized to inspect for violations of
building, housing or health codes.
(b) Withhold rent under paragraph [(d)] (c) of subsection 1 if the
landlord:
(1) Has received written notice of the condition constituting
the failure to maintain the dwelling in a habitable condition from a
governmental agency authorized to inspect for violations of
building, housing or health codes; and
(2) Fails to remedy [or attempt in good faith to remedy ] the
failure within the time prescribed in the written notice of that
condition from the governmental agency.
5. Justice courts shall establish by local rule a mechanism by
which tenants may deposit rent withheld under paragraph [(d)] (c) of
subsection 1 or pursuant to section 4 of this act into an escrow
account maintained or approved by the court. A court shall not
release any money deposited into an escrow account pursuant to
this section or section 4 of this act until the time period to file an
appeal has run.
6. A tenant does not have a defense to an eviction under
paragraph [(d)] (c) of subsection 1 unless [the] :
(a) The tenant has deposited the withheld rent minus any
applicable loss of value into an escrow account pursuant to [this]
subsection [.] 5; or
(b) The court determines, at the time of the hearing, that the
tenant has otherwise retained or is capable of paying the withheld
rent minus any applicable loss of value.
Sec. 12. NRS 118A.380 is hereby amended to read as follows:
118A.380 1. If the landlord is required by the rental
agreement or this chapter to supply heat, air -conditioning, running
water, hot water, electricity, gas, a f unctioning door lock , a
functioning window lock, functional safety equipment or another
essential item or service and the landlord willfully or negligently
fails to do so, causing the premises to become unfit for habitation,
the tenant shall give written notice to the landlord specifying the
breach. If the landlord does not [adequately] remedy the breach [, or
use his or her best efforts to remedy the breach ] within 48 hours,
except a Saturday, Sunday or legal holiday, after it is received by
the landlord, the tenant may, in addition to any other remedy:
(a) Procure reasonable amounts of such essential items or
services during the landlord’s noncompliance and deduct their
actual and reasonable cost from the rent;
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(b) Recover actual damages, including damages based upon the
lack of use of the premises or the diminution of the fair rental value
of the dwelling unit;
(c) Without incurring any fee which is assessed for the early
termination of a rental agreement, terminate the rental agreement
by providing the landlord with written notice of the intent of the
tenant to terminate the rental agreement immediately or on a date
which is not later than 60 days after the notice is provided to the
landlord;
(d) Withhold any rent that becomes due during the landlord’s
noncompliance without incurring late fees, charges for notice or any
other charge or fee authorized by this chapter or the rental
agreement, until the landlord has [attempted in good faith to restore]
restored the essential items or services; [or
(d)] (e) Proceed under NRS 118A.390; or
(f) Procure other housing which is comparable during the
landlord’s noncompliance, and the rent for the original premises
fully abates during this period. The tenant may recover the actual
and reasonable cost of that other housing which is in excess of the
amount of rent which is abated.
2. If the tenant proceeds under this section, the tenant may not
proceed under NRS 118A.350 and 118A.360 as to that breach.
3. The rights of the tenant under this section do not arise until
the tenant has given written notice as required by subsection 1,
except that the tenant may, without having given that notice:
(a) Recover damages as authorized under paragraph (b) of
subsection 1 if the landlord:
(1) [Admits to the court that the landlord had ] Had actual
knowledge of the lack of such essential items or services; or
(2) Has received written notice of the uninhabitable
condition caused by such a lack from a governmental agency
authorized to inspect for violations of building, housing or health
codes.
(b) Withhold rent under paragraph [(c)] (d) of subsection 1 if the
landlord:
(1) Has received written notice of the condition constituting
the breach from a governmental agency authorized to inspect for
violations of building, housing or health codes; and
(2) Fails to remedy [or attempt in good faith to remedy ] the
breach within the time prescribed in the written notice of that
condition from the governmental agency.
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4. The rights of the tenant under paragraph [(c)] (d) of
subsection 1 do not arise unless the tenant is current in the payment
of rent at the time of giving written notice pursuant to subsection 1.
5. If such a condition was proven by clear and convincing
evidence to be caused by the deliberate or negligent act or omission
of the tenant, a member of his or her household or other person on
the premises with his or her consent [,] who is not another tenant,
or guest thereof, on the premises pursuant to a separ ate rental
agreement, the tenant has no rights under this section.
Sec. 13. NRS 118A.390 is hereby amended to read as follows:
118A.390 1. If the landlord unlawfully removes the tenant
from the premises or excludes the t enant by blocking or attempting
to block the tenant’s entry upon the premises, willfully or
negligently interrupts or causes or permits the interruption of any
essential item or service required by the rental agreement or this
chapter or otherwise recovers possession of the dwelling unit in
violation of NRS 118A.480, the tenant may recover immediate
possession pursuant to subsection 4, proceed under NRS 118A.380
or terminate the rental agreement and, in addition to any other
remedy, recover an amount which is three times the periodic rent
or the tenant’s actual damages, [receive an amount not ] whichever
is greater . [than $2,500 to be fixed by the court, or both.]
2. [In determining the amount, if any, to be awarded under
subsection 1, the court shall consider:
(a) Whether the] If a landlord [acted in good faith;
(b) The course of conduct between the landlord and the tenant;
and
(c) The degree of harm to the tenant caused by the landlord’s
conduct.] was provided notice pursuant to subsection 1 of NRS
118A.380 and failed to remedy the breach, the landlord is
presumed to have negligently caused the interruption of the
essential items or services and may overcome this presumption
only if the landlord shows by clear and convincing evidence that
the restoration could not be accomplished within the notice period.
3. If the rental agreement is terminated pursuant to subsection
1, the landlord shall [return] :
(a) Provide the tenant with a reasonable length of time to
gather his or her belongings; and
(b) Return all prepaid rent and any security deposit recoverable
under this chapter.
4. Except as otherwise provided in subsection 5, the tenant may
recover immediate possession of the premises from the landlord by
filing a verified complaint for expedited r elief for the unlawful
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removal or exclusion of the tenant from the premises, the willful or
negligent interruption of any essential item or service or the
recovery of possession of the dwelling unit in violation of
NRS 118A.480.
5. A verified complaint for expedited relief [:
(a) Must be filed with the court within 5 judicial days after the
date of the unlawful act by the landlord, and the verified complaint
must be dismissed if it is not timely filed. If the verified complaint
for expedited relief is d ismissed pursuant to this paragraph, the
tenant retains the right to pursue all other available remedies against
the landlord.
(b) May] may be consolidated with any action for summary
eviction or unlawful detainer that is already pending between the
landlord and tenant.
6. The court shall conduct a hearing on the verified complaint
for expedited relief not later than 3 judicial days after the filing of
the verified complaint for expedited relief. Before or at the
scheduled hearing, the tenant must provid e proof that the landlord
has been properly served with a copy of the verified complaint for
expedited relief. Upon the hearing, if it is determined that the
landlord has violated any of the provisions of subsection 1, the court
may:
(a) Order the landlor d to restore to the tenant the premises or
essential items or services, or both;
(b) Award damages pursuant to subsection 1; and
(c) Enjoin the landlord from violating the provisions of
subsection 1 and, if the circumstances so warrant, hold the landlord
in contempt of court.
7. The payment of all costs and official fees must be deferred
for any tenant who files a verified complaint for expedited relief.
After any hearing and not later than final disposition of the filing or
order, the court shall asses s the costs and fees against the party that
does not prevail, except that the court may reduce them or waive
them, as justice may require.
Sec. 14. NRS 118A.410 is hereby amended to read as follows:
118A.410 After a demand by the tenant, if a landlord fails to
disclose as provided in NRS 118A.260 or NRS 118A.270, the tenant
may recover actual damages or [$25,] an amount equal to 5 percent
of the periodic rent, whichever is greater.
Sec. 15. NRS 118A.520 is hereby amended to read as follows:
118A.520 1. Any lien or security interest in the tenant’s
household goods created in favor of the landlord to ensure the
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payment of rent is unenforceable unless created by attach ment or
garnishment.
2. Distraint for rent is abolished.
3. A landlord who retains the household goods or other
personal property of a tenant in violation of this section is liable to
the tenant for actual damages [as provided in NRS 118A.390. ] or
statutory damages in an amount not greater than $2,500, to be
fixed by the court, or both. In determining the amount, if any, to
be awarded under this subsection, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and tenant;
and
(c) The degree of harm to the tenant caused by the landlord’s
conduct.
Sec. 16. NRS 40.253 is hereby amended to read as follows:
40.253 1. Except as otherwise provided in sub section 12, in
addition to the remedy provided in NRS 40.2512 and 40.290 to
40.420, inclusive, when the tenant of any dwelling, apartment,
mobile home or recreational vehicle with periodic rent reserved by
the month or any shorter period is in default in p ayment of the rent,
the landlord or the landlord’s agent may cause to be served a notice
in writing, requiring in the alternative the payment of the rent or the
surrender of the premises:
(a) Before the close of business on the seventh judicial day
following the day of service; or
(b) If the landlord chooses not to proceed in the manner set forth
in paragraph (a) and the rent is reserved by a period of 1 week or
less and the tenancy has not continued for more than 45 days, at or
before noon of the fourth full day following the day of service.
As used in this subsection, “day of service” means the day the
landlord or the landlord’s agent personally delivers the notice to the
tenant. If personal service was not so delivered, the “day of service”
means the day the notice is delivered, after posting and mailing
pursuant to subsection 2, to the sheriff or constable for service if the
request for service is made before noon. If the request for service by
the sheriff or constable is made after noon, the “day of service” shall
be deemed to be the day next following the day that the request is
made for service by the sheriff or constable.
2. A landlord or the landlord’s agent who serves a notice to a
tenant pursuant to paragraph (b) of subsection 1 shall attempt to
deliver the notice in person in the manner set forth in subsection 2 of
NRS 40.2542. If the notice cannot be delivered in person, the
landlord or the landlord’s agent:
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(a) Shall post a copy of the notice in a conspicuous place on the
premises and mail the notice by overnight mail; and
(b) After the notice has been posted and mailed, may deliver the
notice to the sheriff or constable for service in the manner set forth
in subsection 1 of NRS 40.280. The sheriff or constable shall not
accept the notice f or service unless it is accompanied by written
evidence, signed by the tenant when the tenant took possession of
the premises, that the landlord or the landlord’s agent informed the
tenant of the provisions of this section which set forth the lawful
procedures for eviction from a short -term tenancy. Upon
acceptance, the sheriff or constable shall serve the notice within 48
hours after the request for service was made by the landlord or the
landlord’s agent.
3. A notice served pursuant to subsection 1 or 2 must:
(a) Identify the court that has jurisdiction over the matter; and
(b) Advise the tenant:
(1) Of the tenant’s right to contest the matter by filing, within
the time specified in subsection 1 for the payment of the rent or
surrender of the premises, an affidavit with the court that has
jurisdiction over the matter stating that the tenant has tendered
payment or is not in default in the payment of the rent;
(2) That if the court determines that the tenant is guilty of an
unlawful detainer, the court may issue a summary order for removal
of the tenant or an order providing for the nonadmittance of the
tenant, directing the sheriff or constable of the county to post the
order in a conspicuous place on the premises not later than 24 hours
after the order is received by the sheriff or constable. The sheriff or
constable shall remove the tenant not earlier than 24 hours but not
later than 36 hours after the posting of the order; and
(3) That, pursuant to NRS 118A.390, a tenant may seek relief
if a landlord unlawfully removes the tenant from the premises or
excludes the tenant by blocking or attempting to block the tenant’s
entry upon the premises or willfully or negligently interrupts or
causes or permits the interruption of an essential service required by
the rental agreement or chapter 118A of NRS.
4. If the tenant files such an affidavit at or before the time
stated in the notice, the landlord or the landlord’s agent, after receipt
of a file -stamped copy of the affidavit which was filed, sha ll not
provide for the nonadmittance of the tenant to the premises by
locking or otherwise.
5. Upon noncompliance with the notice:
(a) The landlord or the landlord’s agent may apply by affidavit
of complaint for eviction to the justice court of the township in
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which the dwelling, apartment, mobile home or recreational vehicle
are located or to the district court of the county in which the
dwelling, apartment, mobile home or recreational vehicle are
located, whichever has jurisdiction over the matter. The court may
thereupon issue an order directing the sheriff or constable of the
county to post the order in a conspicuous place on the premises not
later than 24 hours after the order is received by the sheriff or
constable. The sheriff or constable shal l remove the tenant not
earlier than 24 hours but not later than 36 hours after the posting of
the order. The affidavit must state or contain:
(1) The date the tenancy commenced.
(2) The amount of periodic rent reserved.
(3) The amounts of any cleani ng, security or rent deposits
paid in advance, in excess of the first month’s rent, by the tenant.
(4) The date the rental payments became delinquent.
(5) The length of time the tenant has remained in possession
without paying rent.
(6) The amount of rent claimed due and delinquent.
(7) A statement that the written notice was served on the
tenant in accordance with NRS 40.280.
(8) A copy of the written notice served on the tenant.
(9) A copy of the signed written rental agreement, if any.
(b) Except when the tenant has timely filed the affidavit
described in subsection 3 and a file -stamped copy of it has been
received by the landlord or the landlord’s agent, and except when
the landlord is prohibited pursuant to NRS 118A.480, the landlord
or the landlord’s agent may, in a peaceable manner, provide for the
nonadmittance of the tenant to the premises by locking or otherwise.
6. Upon the filing by the tenant of the affidavit permitted in
subsection 3, regardless of the information contained in the
affidavit, and the filing by the landlord of the affidavit permitted by
subsection 5, the justice court or the district court shall hold a
hearing, after service of notice of the hearing upon the parties, to
determine the truthfulness and sufficiency of a ny affidavit or notice
provided for in this section. If the court determines that there is no
legal defense as to the alleged unlawful detainer and the tenant is
guilty of an unlawful detainer, the court may issue a summary order
for removal of the tenant or an order providing for the
nonadmittance of the tenant. If the court determines that there is a
legal defense as to the alleged unlawful detainer, the court shall
refuse to grant either party any relief, and, except as otherwise
provided in this subsect ion, shall require that any further
proceedings be conducted pursuant to NRS 40.290 to 40.420,
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inclusive. The issuance of a summary order for removal of the
tenant does not preclude an action by the tenant for any damages or
other relief to which the tenan t may be entitled. If the alleged
unlawful detainer was based upon subsection 5 of NRS 40.2514, the
refusal by the court to grant relief does not preclude the landlord
thereafter from pursuing an action for unlawful detainer in
accordance with NRS 40.251.
7. The tenant may, upon payment of the appropriate fees
relating to the filing and service of a motion, file a motion with the
court, on a form provided by the clerk of the court, to dispute the
amount of the costs, if any, claimed by the landlord pursuant to NRS
118A.460 for the inventory, moving and storage of personal
property left on the premises. The motion must be filed within 20
days after the summary order for removal of the tenant or the
abandonment of the premises by the tenant, or within 20 days after:
(a) The tenant has vacated or been removed from the premises;
and
(b) A copy of those charges has been requested by or provided
to the tenant,
whichever is later.
8. Upon the filing of a motion pursuant to subsection 7, the
court shall schedule a hearing on the motion. The hearing must be
held within 10 days after the filing of the motion. The court shall
affix the date of the hearing to the motion and order a copy served
upon the landlord by the sheriff, constable or other process serve r.
At the hearing, the court may:
(a) Determine the costs, if any, claimed by the landlord pursuant
to NRS 118A.460 and any accumulating daily costs; and
(b) Order the release of the tenant’s property upon the payment
of the charges determined to be due or if no charges are determined
to be due.
9. The tenant may, upon payment of the appropriate fees
relating to the filing and service of a motion, file a motion with the
court on a form provided by the clerk of court to dispute the
reasonableness of the actions of a landlord pursuant to subsection 3
of NRS 118A.460. The motion must be filed within 5 days after the
tenant has vacated or been removed from the premises. Upon the
filing of a motion pursuant to this subsection, the court shall
schedule a hearing on the motion. The hearing must be held within 5
days after the filing of the motion. The court shall affix the date of
the hearing to the motion and order a copy served upon the landlord
by the sheriff, constable or other process server. At the hearing , the
court may:
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(a) Order the landlord to allow the retrieval of the tenant’s
essential personal effects at the date and time and for a period
necessary for the retrieval, as determined by the court; and
(b) Award damages in an amount not greater than $2,500.
10. In determining the amount of damages, if any, to be
awarded under paragraph (b) of subsection 9, the court shall
consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant;
and
(c) The degree of harm to the tenant caused by the landlord’s
conduct.
11. A landlord shall not refuse to accept rent from a tenant that
is submitted after the landlord or the landlord’s agent has served or
had served a notice pursuant to subsection 1 if the refusal is based
on the fact that the tenant has not paid collection fees, attorney’s
fees or other costs other than rent, a reasonable charge for late
payments of rent or dishonored checks, or a security deposit. As
used in this subsection, “security dep osit” has the meaning ascribed
to it in NRS 118A.240.
12. Except as otherwise provided in NRS 118A.315, this
section does not apply to:
(a) The tenant of a mobile home lot in a mobile home park or to
the tenant of a recreational vehicle lot in an area of a mobile home
park in this State other than an area designated as a recreational
vehicle lot pursuant to the provisions of subsection 8 of
NRS 40.215.
(b) A tenant who provides proof to the landlord that he or she is
a federal worker, tribal worker, state worker or household member
of such a worker during a shutdown.
13. As used in this section, “close of business” means the close
of business of the court that has jurisdiction over the matter.
Sec. 17. NRS 439.479 is hereby amended to read as follows:
439.479 1. In addition to any other powers, duties and
authority conferred on a district board of health, the district board of
health may by affirmative vote of a majority of all the members of
the board adopt regulations consistent with law, which must take
effect immediately on their approval by the State Board of Health,
to:
(a) Regulate any health hazard on residential property;
(b) Regulate any health hazard in a rental dwelling unit; and
(c) Regulate any health hazard on commercial property.
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2. The district board of health may adopt regulations to ensure
the enforcement of laws that protect the pu blic health and safety
associated with the condition of rental dwelling units and to recover
all costs incurred by the district board of health relating thereto. Any
regulation adopted pursuant to this subsection must be provided by
the landlord of a renta l dwelling unit to a tenant upon request to
ensure that the landlord and the tenant understand their respective
rights and responsibilities clearly.
3. In carrying out its duties relating to the protection of the
public health and safety associated with the condition of rental
dwelling units, the district board of health may:
(a) Take any enforcement action it determines necessary; and
(b) Establish an administrative hearing process, including,
without limitation, the hiring of qualified hearing officers.
4. If a tenant of a rental dwelling unit provides written notice to
the landlord pursuant to NRS 118A.355 specifying a failure by the
landlord to maintain the dwelling unit in a habitable condition and
requesting that the landlord remedy the failure a nd the landlord fails
to remedy the failure [or to make a reasonable effort to do so] within
the time prescribed in NRS 118A.355, the tenant may, in addition to
any remedy provided in NRS 118A.355 [,] or section 4 of this act,
provide to the district board of health a copy of the written notice
that the tenant provided to the landlord. If, upon inspection of the
dwelling unit, the district board of health determines that either the
landlord or the tenant has failed to maintain the dwelling unit in a
habitable condition, the district board of health may refer the matter
to the administrative hearing process if established pursuant to
subsection 3 or take any action with respect to the dwelling unit
which is authorized by this section or the regulations adopte d
pursuant thereto.
5. Before the adoption, amendment or repeal of a regulation,
the district board of health must give at least 30 days’ notice of its
intended action. The notice must:
(a) Include a statement of either the terms or substance of the
proposal or a description of the subjects and issues involved and of
the time when, the place where and the manner in which interested
persons may present their views thereon;
(b) State each address at which the text of the proposal may be
inspected and copied; and
(c) Be mailed to all persons who have requested in writing that
they be placed on a mailing list, which must be kept by the board for
such purpose.
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6. All interested persons must be afforded a reasonable
opportunity to submit data, views or arguments, orally or in writing,
on the intended action to adopt, amend or repeal the regulation.
With respect to substantive regulations, the district board of health
shall set a time and place for an oral public hearing, but if no one
appears who will be dir ectly affected by the proposal and requests
an oral hearing, the district board of health may proceed
immediately to act upon any written submissions. The district board
of health shall consider fully all written and oral submissions
respecting the proposal.
7. The district board of health shall file a copy of all of its
adopted regulations with the county clerk.
8. As used in this section:
(a) “Commercial property” means any real property which is not
used as a dwelling unit and is not occupied as, or designed or
intended for occupancy as, a residence or sleeping place.
(b) “Dwelling unit” has the meaning ascribed to it in
NRS 118A.080.
(c) “Health hazard” means any biological, physical or chemical
exposure, condition or public nuisance that may adversely affect the
health of a person.
Sec. 18. (Deleted by amendment.)
20 ~~~~~ 25