AB 486 creates a path for the end of the eviction moratoriums. It seeks to ensure that both landlords and tenants receive the benefit of the $360,000,000+ in rental assistance dollars that are available through the federal government. Stakeholders in Clark County have created a process for implementation of the bill. Below is a description of that process:
Process begins with the Landlord Serving a Notice
The process begins when a landlord serves an eviction notice on tenants. Under the bill, all nonpayment of rent notices under NRS 40.253, 40.2512, or 118B.200 are included as are other eviction notices under NRS 40.254, excluding nuisance evictions, where rental deficiencies exist.
The tenant may then file an answer and all tenant/landlord information is sent to the CHAP program and to Home Means Nevada, the administrator of the Eviction Mediation Program
The tenant may then file an answer. The court sets the next available hearing date at least 30 days out. At the end of each day, the Las Vegas, North Las Vegas and Henderson Justice Courts send a list of the cases filed that day to Home Means Nevada (HMN) for assignment of a mediator and a mediation date. The Justice Court also sends a list of all tenants who filed an answer that day to the Clark County CHAP program. Included in that list is the landlord and the tenant contact information. The County then looks up that tenant in the rental assistance (CHAP) portal. If the tenant application is there and complete, the county will expedite the application for payment. If the tenant application is incomplete, the application will be assigned to one of three nonprofit organizations (LV J Ct: HELP of Southern Nevada; NLV J. Ct: Nevada Partners; Henderson: Hopelink). All three nonprofits organizations have received contracts to assist the tenants in uploading all necessary documents, ensuring the tenant is “document ready” for CHAP review and payment processing by the time of the mediation.
The mediation occurs:
By the time of the mediation, the mediator will be provided or will seek a decision on the rental assistance application so as to advise both the tenant and the landlord at the mediation. At the mediation, if rental assistance is approved and agreed upon, a resolution is then noted. If rental assistance is not available, the parties can consider other outcomes: a payment plan or voluntary move-out to prevent an eviction from being entered. The tenant may also be referred to the housing nonprofit so as to accept rehousing assistance (so that family is not rendered homeless).
The court process:
If the mediation is not successful, the case will proceed to a hearing. If the tenant raises a defense to the eviction, the court may dismiss the case. If the tenant raises no defense to the hearing, the Court will issue an eviction order. If the tenant is evicted, the court may direct the tenant to rehousing flyers at the Courthouse or at the Civil Law Self Help Center.
Apply for Rental Assistance
We are offering rental assistance to households impacted during the COVID-19 pandemic through the Rental Assistance for Tenants (RAFT) program. Eligible households must reside within the city of Las Vegas jurisdiction and have incomes at or below 80 percent of the area median income. To apply, visit www.lasvegasnevada.gov/HousingAssistance. Assistance will be available until funds are exhausted. Residents can call 702-229-5935 if they are facing an eviction or need help applying for the RAFT program Monday-Thursday from 7:30 a.m. to 5 p.m.
Clark County is administering the Emergency Rental Assistance for all of Clark County. And Clark County Social Services is currently accepting CHAP applications for rent and utilities assistance. For support, call 702-455-4071 or email CHAPinfo@ClarkCountyNV.gov / CHAPayuda@ClarkCountyNV.gov.