Nevada Code § 268.058

Conveyance of property to nonprofit organization for development of attainable housing: Application; public hearing; conditions; annual list of property conveyed; subordination of interest in property conveyed
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1. A nonprofit organization may submit to
the governing body of a city an application for conveyance of property that is
owned by the city if the property was purchased or received by the city
pursuant to NRS 268.008 .
2. Before the governing body makes a
determination on such an application for conveyance, it shall hold at least one
public hearing on the application. Notice of the time, place and specific
purpose of the hearing must be:
(a) Published at least once in a newspaper of
general circulation in the city.
(b) Mailed to all owners of record of real
property which is located not more than 300 feet from the property that is
proposed for conveyance.
(c) Posted in a conspicuous place on the property
that is proposed for conveyance.
The hearing
must be held not fewer than 10 days but not more than 40 days after the notice
is published, mailed and posted in accordance with this subsection.
3. The governing body may approve such an
application for conveyance if the nonprofit organization demonstrates to the
satisfaction of the governing body that the organization or its assignee will
use the property to develop attainable housing. An application must include,
without limitation:
(a) Information that sets forth:
(1) The number of employees of the
nonprofit organization or its affiliates who are residents of this State; and
(2) The number of households in this State
who live in attainable housing units that are owned or managed by the nonprofit
organization or any affiliate of the nonprofit organization;
(b) A description of any previous project for
which the nonprofit organization received federal low-income housing tax
credits, as defined in NRS 360.863 , with
documentation of compliance with any federal requirements; and
(c) A description of any previous project where
the nonprofit organization has obtained additional federal low-income housing
tax credits, as defined in NRS 360.863 ,
or alternative financing for the rehabilitation or resyndication of attainable
housing. The description must include, without limitation, the name, location,
number of units and cost per unit of the attainable housing.
4. If the governing body receives more
than one application for conveyance of the property, the governing body must
give priority to an application of a nonprofit organization that demonstrates
to the satisfaction of the governing body that the organization or its assignee
will use the property to develop attainable housing for persons who are seniors
or disabled.
5. If the governing body approves an
application for conveyance, it may convey the property to the nonprofit
organization without consideration. Such a conveyance must not be in
contravention of any condition in a gift or devise of the property to the city.
6. As a condition to the conveyance of the
property pursuant to subsection 5, the governing body shall enter into an
agreement with the nonprofit organization that requires the nonprofit
organization or its assignee to use the property to provide attainable housing
for at least 50 years. If the nonprofit organization or its assignee fails to
use the property to provide attainable housing pursuant to the agreement, the
governing body may take reasonable action to return the property to use as
attainable housing, including, without limitation:
(a) Repossessing the property from the nonprofit
organization or its assignee.
(b) Transferring ownership of the property from
the nonprofit organization or its assignee to another person or governmental
entity that will use the property to provide attainable housing.
7. The agreement required by subsection 6
must be recorded in the office of the county recorder of the county in which
the property is located and must specify:
(a) The number of years for which the nonprofit
organization or its assignee must use the property to provide attainable
housing; and
(b) The action that the governing body will take
if the nonprofit organization or its assignee fails to use the property to
provide attainable housing pursuant to the agreement.
8. A governing body that has conveyed
property pursuant to subsection 5 shall:
(a) Prepare annually a list which includes a
description of all property conveyed to a nonprofit organization pursuant to
this section; and
(b) Include the list in the annual audit of the
city which is conducted pursuant to NRS
354.624 .
9. If, 5 years after the date of a
conveyance pursuant to subsection 5, a nonprofit organization or its assignee
has not commenced construction of attainable housing, or entered into such
contracts as are necessary to commence the construction of attainable housing,
the property that was conveyed automatically reverts to the city.
10. A governing body may subordinate the
interest of the city in property conveyed pursuant to subsection 5 to a first
or subsequent holder of a mortgage on that property to the extent the governing
body deems necessary to promote investment in the construction of attainable
housing.
11. As used in this section, unless the
context otherwise requires:
(a) Attainable housing has the meaning ascribed
to it in NRS 278.0105 .
(b) Nonprofit organization means an
organization that is recognized as exempt pursuant to 26 U.S.C. 501(c)(3).

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