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On March 15, the Nevada Department of Business of Industry, Division of Mortgage Lending extended its provisional guidance allowing licensed mortgage loan originators to work from home (previously covered here, here, and here) until June 30, 2021.
On December 14, the governor of Nevada issued Declaration of Emergency Directive 036, relating to the implementation of Senate Bill 1 (previously covered here). The directive provides that, effective December 15 through March 31, 2021, certain residential unlawful detainer or summary eviction actions against covered persons are stayed. Emergency Directives 008, 025, and 031 (covered here, here, and here) had previously prohibited such evictions through October 14.
On August 21, the Nevada Department of Business of Industry, Division of Mortgage Lending extended its provisional guidance allowing licensed mortgage loan originators to work from home (previously covered here and here) until December 31, 2020.
On August 31, the Nevada governor issued Declaration of Emergency Directive 031, relating to the implementation of Senate Bill 1, previously covered here. The directive provides that, effective immediately through October 14, 2020, the initiation of a nonpayment of rent summary eviction action through service of a pay or quit notice pursuant to Section 40.253 of the Nevada Revised Statutes is prohibited. Emergency Directives 008 and 025 (covered here and here) had previously prohibited such evictions through August 31.
Nevada enacts bill limiting civil liability of businesses with respect to Covid-19 transmission claims
On August 11, the Nevada governor signed SB 4, which, among other things, limits the civil liability of a business with respect to claims related to Covid-19 transmission on premises owned or operated by the business, or during an activity conducted or managed by the business, if the business was in substantial compliance with controlling health standards. The bill also empowers the secretary of state to suspend the state business license of a licensee that fails to comply with controlling health standards related to Covid-19.
Nevada governor signs bill allowing for alternative dispute resolutions for certain rental eviction cases
On August 7, the Nevada governor signed Senate Bill 1, which allows alternative dispute resolutions for rental eviction cases. The bill authorized Nevada’s Supreme Court, justice courts, and district courts to establish rules for an expedited program of alternative dispute resolution for evictions for housing programs operated by a public housing agency. An eviction proceeding subject to the bill may be stayed for no more than 30 days to facilitate the alternative dispute resolution program.
On July 31, 2020, the Nevada governor issued Executive Directive 029, which extends all directives promulgated pursuant to the March 12, 2020 declaration of emergency that were set to expire on July 31, 2020, for the duration of the current state of emergency, unless terminated earlier by a subsequent directive or operation of law associated with the lifting of the declaration of emergency.
On July 14, the Nevada attorney general released a Spanish translation of the Lease Addendum and Promissory Note Template for Rental Arrearages Due to Covid-19. The Nevada governor previously issued Emergency Directive 025, previously covered here, which encouraged the use of the form to cure rental payment defaults of the original lease agreements.
On June 25, the Nevada governor issued Emergency Directive 025 to assist landlords and tenants in Nevada that have been directly or indirectly impacted by the economic environment caused by Covid-19. The directive, among other things: (i) strongly encourages the use of form Lease Addendum/Promissory Note for Rental Arrearages Due to COVID-19, to cure rental payment defaults of the original lease agreement, whether written or oral; (ii) strongly encourages landlords and tenants to enter into a voluntary repayment agreement for defaults in rental payments related to COVID-19; (iii) orders landlords to cease any eviction proceeds in a repayment agreement is entered into; (iv) authorizes limited residential summary eviction actions as outlined in the directive; (v) clarifies that the prohibition on charging late payment fees or penalties for nonpayment under the terms of a lease or rental agreement will terminate on August 31, 2020, but cannot be applied retroactively to late rental payments due between March 30 and August 31; and (vi) authorizes unlawful detainer actions for other than commercial tenancies as set forth in the directive. The Executive Department also issued General FAQs, Residential Landlord FAQs, Residential Tenant FAQs, and Commercial FAQs for the Directive.
On June 4, the Nevada Department of Business and Industry, Financial Institutions Division advised collection agency licensees that they may operate their business while following all remaining emergency directives issued by the governor, state agencies, justice court orders, and all applicable state and federal laws. The issuance follows guidance issued on March 20, which deemed a collection agency a non-essential business under the Nevada governor’s orders to close non-essential business (previously discussed here).
- Jonice Gray Tucker to join CFPB panel at CBA’s Washington Forum
- Jonice Gray Tucker to moderate “Pandemic relief response and lasting impacts on access, credit, banking, and equality” at the American Bar Association Business Law Section Spring Meeting
- Jeffrey P. Naimon to discuss "Post-pandemic CFPB exam preparation" at the Mortgage Bankers Association Spring Conference & Expo
- Jonice Gray Tucker to discuss "Making fair lending work for you" at the Mortgage Bankers Association Spring Conference & Expo
- Jonice Gray Tucker to discuss "Reading the tea leaves of President Biden’s initial financial appointees" at LendIt Fintech
- Moorari K. Shah to discuss “CA, NY, federal licensing and disclosure” at the Equipment Leasing & Finance Association Legal Forum
- Jonice Gray Tucker to discuss "Compliance under Biden" at the WSJ Risk & Compliance Forum
- Jonice Gray Tucker to discuss “The future of fair lending” at the Mortgage Bankers Association Legal Issues and Regulatory Compliance Conference