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- 83rd Session (2025)
Assembly Bill No. 480 –Assemblymembers Yeager, Monroe -
Moreno, Jauregui, Considine; Brown-May, Dalia, González,
La Rue Hatch, Marzola, Miller, Moore, Nadeem,
Orentlicher and Roth
Joint Sponsors: Senators Cannizzaro,
Dondero Loop and Nguyen
CHAPTER..........
AN ACT relating to housing; revising provisions relating to
discrimination in housing; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing federal law prohibits certain discriminatory practices relating to
housing based on race, color, religion, sex, handicap, familial status or national
origin. (42 U.S.C. §§ 360 1 et seq.) Under certain circumstances, existing federal
regulations provide that housing discrimination may be established based on the
discriminatory effect of a practice, even if the practice was not motivated by a
discriminatory intent. (24 C.F.R. § 10 0.500) This is commonly known as the
“disparate impact standard.”
The Nevada Fair Housing Law: (1) prohibits discrimination in housing on the
basis of race, religious creed, color, national origin, disability, sexual orientation,
gender identity or expre ssion, ancestry, familial status or sex; and (2) provides a
process and remedies to enforce the Nevada Fair Housing Law if a person engages
in such discrimination, including the authority to file a complaint with the Nevada
Equal Rights Commission and to commence an action in any district court to obtain
an injunction and civil damages. (NRS 118.010 -118.120) This bill adopts the
disparate impact standard for purposes of the Nevada Fair Housing Law.
Section 1 of this bill provides that liability may be established for a
discriminatory housing practice if: (1) the practice was motivated by a
discriminatory intent; or (2) with certain exceptions, the practice was not motivated
by a discriminatory intent but the practice actually or predictably results in a
discriminatory effect on a group of persons or creates, increases, reinforces or
perpetuates segregated housing patterns because of race, religious creed, color,
national origin, disability, sexual orientation, gender identity or expression,
ancestry, familial status or sex. Section 1 further provides that t here is no liability
for a discriminatory housing practice based on the disparate impact standard if,
based on evidence that is not hypothetical or speculati ve: (1) the practice is
necessary to achieve one or more substantial, legitimate and nondiscriminatory
interests of the respondent; and (2) the interests of the respondent could not be
served by another practice that has a less discriminatory effect. Section 1 also
provides that the complainant must establish that a challenged practice caused or
predictably will cause a discriminatory effect. If the claimant meets such burden of
proof, the respondent has the burden of proving that the challenged practice is
necessary to achieve one or more substantial, legitimate and nondiscriminatory
interests of the respondent. If the respondent meets his or her burden of proof, the
complainant may still prevail upon proving that the substantial, legitimate and
nondiscriminatory interests supporting the challenged practice could be served by
another practice that has a less discriminatory effect.
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- 83rd Session (2025)
Section 2 of this bill makes a conforming change to include section 1 in the
Nevada Fair Housing Law.
Section 3 of this bill a pplies the definitions in existing law relating to
discrimination in housing to the provisions of section 1.
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 118 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Except as otherwise provided in this section, liability may
be established for a discriminatory housing practice if:
(a) The practice was motivated by a discriminatory intent; or
(b) Except as otherwise prov ided in this section, the practice
was not motivated by a discriminatory intent but the practice
actually or predictably results in a discriminatory effect on a
group of persons or creates, increases, reinforces or perpetuates
segregated housing patterns b ecause of race, religious creed,
color, national origin, disability, sexual orientation, gender
identity or expression, ancestry, familial status or sex.
2. There is no liability for a discriminatory housing practice
pursuant to paragraph (b) of subsecti on 1 if, based on evidence
that is not hypothetical or speculative:
(a) The practice is necessary to achieve one or more
substantial, legitimate and nondiscriminatory interests of the
respondent; and
(b) The interests of the respondent described in parag raph (a)
could not be served by another practice that has a less
discriminatory effect.
3. For purposes of paragraph (b) of subsection 1, the
complainant must establish that a challenged practice caused or
predictably will cause a discriminatory effect. If the complainant
meets such burden of proof, the respondent has the burden of
proving that the challenged practice is necessary to achieve one or
more substantial, legitimate and nondiscriminatory interests of the
respondent. If the respondent meets his or her burden of proof, the
complainant may still prevail upon proving that the substantial,
legitimate and nondiscriminatory interests supporting the
challenged practice could be served by another practice that has a
less discriminatory effect.
4. As used in this section:
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- 83rd Session (2025)
(a) “Complainant” means a person by whom, or on whose
behalf:
(1) A complaint is filed with the Commission pursuant to
NRS 118.110; or
(2) An action is commenced pursuant to NRS 118.120.
(b) “Respondent” means a person against whom:
(1) A complaint is filed with the Commission pursuant to
NRS 118.110; or
(2) An action is commenced pursuant to NRS 118.120.
Sec. 2. NRS 118.010 is hereby amended to read as follows:
118.010 The provisions of NRS 1 18.010 to 118.120, inclusive,
and section 1 of this act may be cited as the Nevada Fair Housing
Law.
Sec. 3. NRS 118.030 is hereby amended to read as follows:
118.030 As used in NRS 118.010 to 118.120, inclusive, and
section 1 of this act, unless the context otherwise requires, the
words and terms defined in NRS 118.040 to 118.093, inclusive,
have the meanings ascribed to them in those sections.
Sec. 4. This act becomes effective upon passage and approval.
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