By Tiffany Banks, NVR General Counsel
The Nevada Eviction Moratorium expired last Monday May 31st, giving landlords the ability to serve tenants eviction notices for the nonpayment of rent. The Governor had reinstated the statewide moratorium at the end of last year, with an extension in March, allowing tenants to stay in their rental properties until lifted. The Federal Eviction Moratorium is still in effect until June 30th, despite the recent news of a federal court vacating the moratorium.
Can I start the eviction process for a tenant that has not paid rent?
The lifting of the statewide moratorium means that a landlord or property manager may begin the eviction process in the non-payment of rent cases. If, however, the tenant is a covered person and has asserted that they are a covered person, because the CDC moratorium is still in effect, the "lockout" won't occur until after June 30th. The tenant is still responsible for the rental arrears incurred during the moratorium. Click here to continue reading.
Pursuant to Directive 045, Nevada's mask mandates and social distancing requirements have aligned with the CDC's recommendations, lifting most restrictions on wearing a mask and social distancing for fully vaccinated persons. The CDC, Governor Sisolak, and Nevada OSHA have provided recommendations to help persons make smart decisions about daily activities after full vaccination - such as considerations in indoor environments, following school and workplace guidelines, etc.
This continues to be an evolving situation as local counties implement local plans. Washoe County has released it will follow the CDC's guidelines and Governor Sisolak's recommendations. Clark County Commission is meeting next week -- Tuesday, May 18, 2021 and thus more information on that will be forthcoming.
- Guidance on Directive 045: 5.3.21-Emergency-Directive-045-Guidance.pdf (nv.gov)
- Declaration Directive 045: Declaration-of-Emergency-Directive-045-JP.pdf (nv.gov)
- Interim Public Health Recommendation from the CDC for fully vaccinated persons: Interim Public Health Recommendations for Fully Vaccinated People | CDC
Guidance from OSHA: COVID-19 Guidance update 05-14-2021 (nv.gov)
The Centers for Disease Control (CDC) announced today that it is extending its nationwide eviction moratorium through June 30, 2021.
The order was put into place Sept. 4, 2020, but has been challenged in court across numerous states and localities in the months since. In addition to the court challenges, the National Association of REALTORS® has fought successfully for federal rental assistance-and will continue to advocate to ensure the moratorium doesn't lead to a spiraling crisis for housing providers and tenants.
Under the terms of the CDC order, residents must declare that they have pursued all appropriate government assistance; met certain income and employment requirements; and are using best efforts to make timely partial payments, among other qualifications. Today's announcement expands the order to include people "who are confirmed to have, who have been exposed to, or who might have been exposed to COVID-19 and take reasonable precautions to spread the disease." Click here to read more.
Judges, NVR attorneys to host webinar and share most current information regarding state's eviction moratorium
Nevada REALTORS® members who are property managers please take note. NVR is hosting a webinar update on the Nevada's eviction moratorium. NVR General Counsel Tiffany Banks and NVR Property Management Committee Chair Molly Hamrick will host the event. The association has also invited Justice Court Judges from northern and southern Nevada to participate as well.
The webinar is set for Jan. 26 at 1 p.m. to review the rules and practices as we continue to navigate evictions during COVID. This upcoming 45-minute Zoom webinar is part of a continuing series of webinars offered to help NVR members work their way through the various phases of reopening Nevada. Click here to register.
If you missed any of the previous informational webinars presented by Nevada REALTORS® this summer, you can view them here, on NVR's YouTube channel.
Tiffany Banks, Nevada REALTORS® General Counsel
The U.S. Small Business Administration recently announced that banks will start lending money to small businesses under Round 2 of the Paycheck Protection Program. The Nevada District Office of the SBA has been tremendously helpful and is available to answer specific questions you may have at firstname.lastname@example.org. You can also call 702.388.6611 or visit the website here.
You may find the following information helpful as you navigate this process. Click here to read and download the full document.
By Tiffany Banks, Nevada REALTORS® General Counsel
On Sunday night (12/13), Governor Sisolak announced Emergency Directive 036 which implements a statewide eviction moratorium set to expire March 31, 2021. This moratorium is different than his previous directive, applying only to certain covered persons or tenants unable to pay rent due to circumstances related to COVID-19 that would likely become homeless or forced to move into a shared living situation if evicted.
In order to qualify as a covered person, the tenant must satisfy one of the following three criteria: 1) the tenant expects to earn no more than $99,000 in annual income for Calendar year 2020; 2) the tenant was not required to report any income in 2019 to the IRS; or 3) the tenant received an Economic Impact Payment. Click here to contiue reading the updated guidance.
By Christal Park Keegan, NVR Legal Information Line Attorney
An overwhelming number of questions from our members into the Legal Information Lines seek guidance on executing due diligence terms on tenant-occupied homes in contract or performing periodic inspections of units during leases. As of October 1, Directive 033 finally allowed inspections of tenant-occupied homes with the following guidelines provided by the Nevada Real Estate Division:
If a property is in escrow, upon 24-hours notice to the tenant, a property owner may allow a potential buyer to authorize a licensed inspector access to inspect the property.
If a property manager wants to inspect the property as part of their periodic walk-thrus, the property manager must give the tenant 24-hours notice. Click here to read more measures and view the full article.
The video in the adjacent link discusses a popular issue often discussed on the Legal Information Line. The topic involves open houses and the most updated rules around hosting these events amid COVID restrictions.
Do you know how Nevada law reads on the subject? Watch the short Legal Minute video and learn all you need to know. If you have any questions, please call the Legal Information Line at 800-748-6999. Click here to watch the video.
Last week, the Governor allowed the statewide eviction moratorium to expire, allowing all types of evictions, including those for the non-payment of rent. The Centers for Disease Control and Prevention (CDC) issued an eviction moratorium which may further extend the period of time in which a tenant has to stay in a property under certain conditions.
The CDC order only covers certain types of evictions and certain tenants. Further, the CDC order doesn't automatically apply rather the tenant has to fill out a declaration to be presented to the landlord. A standard form is not required, however the tenant must attest under penalty of perjury to many things ... Click here for resources and to read the full article from our NVR Legal Team.
Christal Park Keegan, NVR Legal Information Line Attorney
Directive 033 continues to ratify the previous directives which encourage to the greatest extent possible conducting operations telephonically, virtually and working from home for real estate offices.
See Page 4, Section 4, of Directive 021: click here to continue reading.
UPDATED GUIDANCE- Open Houses
By Tiffany Banks, Nevada REALTORS® General Counsel September 30, 2020
Last night, the Governor announced a plan to commence all in- person showings and open houses of single family and multi-family residences currently occupied and on the market for sale, effective at 12:01 a.m. on October 1, subject to the following limitations: click here to continue reading.
NVR hosted an informative ZOOM webinar Thursday, Sept. 10, featuring a trio of special guests to talk about Nevada’s eviction moratorium extension. More than 220 NVR members turned in for the free webinar, aimed at helping the state’s REALTORS stay up to date on the latest laws and policies during this COVID era. The webinar featured NAR’s Megan Booth, Nevada State Treasurer Zach Conine and Chief Deputy AG Mark Krueger.
The webinar is part of Nevada REALTORS® ongoing 2020 series that has featured Senators Catherine Cortez Masto and Jacky Rosen, Reps. Mark Amodei and Susie Lee along with Conine and key public officials. The webinar, and all other NVR webinars from the past six months are available for viewing on NVR’s YouTube channel. Click here to view it.
Nevada REALTORS® members who are property managers please take note. NVR is hosting a webinar on the recent extension of Nevada’s eviction moratorium. NVR General Counsel Tiffany Banks and NVR Legal Information Line Attorney Christal Keegan will host the event. The association has also invited Justice Court Judges to participate as well.
The webinar is set for Sept. 10 at 1 p.m. to review the rules and practices as we continue to navigate evictions during COVID. The event is an hour deep dive into the complexity of the Governor’s Directive extending the moratorium. The Zoom webinar is part of a continuing series of webinars offered to help NVR members work their way through the various phases of reopening Nevada. Click here to register.
If you missed any of the previous informational webinars presented by Nevada REALTORS® this summer, you can view them here, on NVR’s YouTube channel.
Decision comes just hours before moratorium was set to expire, extends status quo for another 45 days.
In a disappointing move this evening, Governor Sisolak extended the eviction moratorium. (See the Original Directive #25 here)
This extension would continue the prohibition on evictions based on non-payment of rent. Other types of evictions such as those due to damage, crime or danger to a tenant or other occupant, were lifted August 1, and are not affected by this recent extension. Nevada REALTORS® recognizes the hardship that this places on landlords.
The extremely short time notice given thrusts landlords planning a valid eviction for non-payment into a skidding halt. Further, while tenants have had access to financial relief from many sources, landlords have gone over 5 months in some cases without seeing rent from the very tenants who are receiving the government relief.
Nevada REALTORS® will be hosting a webinar for Property Managers on September 10 at 1 p.m. to review the rules and practices as we continue to navigate evictions during COVID. This webinar will feature General Counsel Tiffany Banks and Legal Information Line attorney Christal Keegan. NVR has invited Justice Court Judges to participate as well. Nevada REALTORS® is also exploring other courses of action on behalf of its members on this matter.
Open houses and in-person showings of tenant-occupied properties are still prohibited. Follow our e-news in the coming days and weeks for important updates as they come available.
Governor Sisolak announced that he has extended his directive – which was originally set to expire July 31 – for an indefinite period. The best place to find all of the up-to-date information and better understand how the Governor is making his decisions is through the Nevada Health Response Center, in coordination with the Local Empowerment Advisory Panel (LEAP) and the Governor’s Office. Those groups are working together weekly, releasing general guidance for individuals and businesses for the reopening, in alignment with the Nevada United: Roadmap to Recovery.
UPDATED GUIDANCE: Open House, In-Person Showings By Tiffany Banks, Nevada REALTORS® General Counsel
Governor Sisolak signed an emergency directive Friday night, extending previous COVID-19 mitigation directives set to expire July 31 for an indefinite period. A long-term mitigation strategy will be unveiled next week. For REALTORS®, this means that Open Houses and In-Person Showings of Tenant Occupied properties is still PROHIBITED. There are no exceptions.
Read the full article from NVR General Counsel Tiffany Banks here.
By Tiffany Banks, Nevada REALTORS® General Counsel June 29, 2020
Tonight,Governor Sisolak announced his Emergency Directive 026 which extends the limitation of all open houses and in-person showings of tenant occupied properties until July 31st, 2020.View Emergency Directive 26 here. What does that mean for us and for the real estate industry as a whole? Click the link below to find out.
Along with the directive, the Attorney General’s Office has released guidance for commercial properties, guidance for residential landlords, guidance for tenants and also general guidance for landlords and tenants. The AG’s Office also released a reference chart that clearly marks where each type of eviction can begin. Part of the eviction guidance package includes a Lease Addendum and Promissory note for residential rental arrearages. This form is voluntary but strongly encouraged because it establishes a payment plan for unpaid rent.
In conjunction with this Directive, the Governor also announced a $50 Million dollar statewide rental assistance program funded with federal CARES Act dollars. The program will be funded with federal Coronavirus Relief Funds with $30 Million earmarked for residential rental assistance and $20 million set aside for commercial rental relief. Watch for additional details as they are released.
Please take your time reading through the attached materials. If you still have questions you can contact the legal information line at InfoLine@NVRealtors.org and be sure and watch for additional details as they are released.
Here are some actions you need to take:
- Place conspicuous signage at the entrances indicating face coverings are required by order of Governor Sisolak.
- Monitor the entrance(s) and approach customers who attempt to enter without a face covering. Respectfully inform them that face coverings are mandated for customers by government order.
- Make sure your employees understand that some people are exempt from the face covering requirement, including children under age two, those with medical conditions, disabilities, or those with mental health conditions.
- You can, if you choose, provide face coverings for customers but you are not required to do so.
Click here for the Nevada Medical Health Response on Face Coverings.
The Small Business Administration and U.S. Treasury Department on Wednesday rolled out major updates to the Paycheck Protection Program, offering automatic forgiveness for certain independent contractors and creating a broader application form for forgiveness.
Specifically, the updated forms clarify that the “owner compensation” amount automatically forgiven for borrowers who use a 24-week covered period, as opposed to the original eight-week period, is equal to 2.5 times their average monthly net income. This means independent contractors with a 24-week loan can have the full amount automatically forgiven under the new guidelines. The amount of forgiveness for borrowers who choose an eight-week period remains unchanged.
Borrowers who received their PPP loans before June 5 can opt for either an eight- or 24-week period in which to use their loan; borrowers who received their loans after that date must use a 24-week period. The new forgiveness forms reflect a 60% requirement for payroll expenses, down from the original 75%.
Additionally, the agencies created a streamlined “EZ Forgiveness Application” for borrowers who:
- Are self-employed and have no employees; or
- Did not reduce the salaries or wages of their employees by more than 25% and did not reduce the number or hours of their employees; or
- Experienced reductions in business activity as a result of health directives related to COVID-19 and did not reduce the salaries or wages of their employees by more than 25%.
“NAR has been working closely with congressional leaders to loosen forgiveness requirements,” says Shannon McGahn, senior vice president of government affairs for the National Association of REALTORS®. “Small-business owners don’t have the resources to hire lawyers and accountants like large companies, and they shouldn’t be burdened with paperwork and red tape at a time when they’re trying to stay afloat. These new guidelines should go a long way to help.”
The deadline to apply for a PPP loan is June 30. The program still has funding available and will close at the end of the month unless Congress acts to extend it.
By Christal Park Keegan, NVR Legal Information Line Attorney
An overwhelming number of questions from our members to the Legal Information Lines seek guidance on executing due diligence terms on tenant-occupied homes in contract. The Governor has continued to protect tenants from having their doors flung open to the public during the pandemic by prohibiting open houses and in-person showings of tenant-occupied properties.
Click here to learn more about how that impacts inspections, appraisals and more.