Nevada Code § 704.940

Rates; service charges; proration and limitations on certain charges for water; itemization of charges; retention of copy of billings; transfer of balance by landlord upon termination of interest in manufactured home park or mobile home park; authority of Commission to examine books and records; exception
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1. In a manufactured home park, mobile
home park or company town where the landlord or owner is billed by a gas or
electric utility or an alternative seller and in turn charges the tenants or
occupants of the dwellings for the service provided by the utility or alternative
seller, and the park or town:
(a) Is equipped with individual meters for each
lot, the landlord or owner shall not charge a tenant or occupant for that
service at a rate higher than the rate paid by the landlord or owner.
(b) Is not equipped with individual meters for
each lot, the landlord or owner shall prorate the cost of the service equally
among the tenants of the park or occupants of the dwellings who use the
service, but the prorated charges must not exceed in the aggregate the cost of
the service to the landlord or owner.
2. In a manufactured home park, mobile
home park or company town that:
(a) Is equipped with individual water meters for
each lot, the individual meters must be read and billed by the purveyor of the
water.
(b) Is not equipped with individual water meters
for each lot and the landlord or owner is billed by the purveyor of the water
and in turn charges the tenants or occupants of the dwellings for the service
provided by the purveyor, the landlord or owner shall prorate the cost of the
service equally among the tenants of the park or occupants of the dwellings who
use the service, but the prorated charges must not exceed in the aggregate the
cost of the service to the landlord or owner.
The landlord
or owner of a manufactured home park or mobile home park that converts from a
master-metered water system to individual water meters for each mobile home lot
shall not charge or receive any fee, surcharge or rent increase to recover from
the landlords or owners tenants the costs of the conversion. The owner of a
company town that is not equipped with individual water meters shall not
convert from the master-metered water system to individual water meters.
3. To the extent that the cost of
providing a utility service to the common area of a manufactured home park,
mobile home park or company town can be identified, the landlord or owner may
not recover the cost of the utility service provided to the common area by
directly charging a tenant or the occupant of a dwelling for those services.
4. The landlord of a manufactured home
park or mobile home park or owner of a company town may assess and collect a
charge to reimburse the landlord or owner for the actual cost of the service
charge the landlord or owner is required to pay to a water utility serving the
park or town. If the landlord or owner collects such a charge, the landlord or
owner shall prorate the actual cost of the service charge to the tenants or
occupants of dwellings who use the service. The landlord or owner shall not
collect more than the aggregate cost of the service to the landlord or owner.
5. The landlord may assess and collect a
service charge from the tenants of the park for the provision of gas and
electric utility services, but the amount of the charge must not be more than
the tenants would be required to pay the utility or alternative seller
providing the service. The landlord shall:
(a) Keep the money from the service charges in a
separate account and expend it only for federal income taxes which must be paid
as a result of the collection of the service charge, for preventive maintenance
or for repairing or replacing utility lines or equipment when ordered or
granted permission to do so by the Commission; and
(b) Retain for at least 3 years a complete record
of all deposits and withdrawals of money from the account and file the record
with the Commission on or before March 30 of each year.
6. Money collected by the landlord or
owner for service provided by a utility or an alternative seller to the tenants
of a manufactured home park or mobile home park or occupants of the dwellings
may not be used to maintain, repair or replace utility lines or equipment
serving the common area of the manufactured home park, mobile home park or
company town.
7. The owner of a company town who
provides a utility service directly to the occupants of the town may charge the
occupants their pro rata share of the owners cost of providing that service.
Where meters are available, the pro rata share must be based on meter readings.
Where meters are not available, the owner shall determine a fair allocation
which must be explained in detail to the Commission in the reports required by NRS 704.960 . The Commission may modify the
allocation in accordance with its regulations if it determines the owners
method not to be fair. The Commission shall adopt regulations governing the
determination of the costs which an owner of a company town may recover for
providing a utility service directly to the occupants of that town and the
terms and conditions governing the provision of that service.
8. The landlord or owner shall itemize all
charges for utility services on all bills for rent or occupancy. The landlord
or owner may pass through to the tenant or occupant any increase in a rate for
a utility service and shall pass through any decrease in a charge for a utility
service as it becomes effective.
9. The landlord or owner shall retain for
at least 3 years a copy of all billings for utility services made to the
tenants or the occupants of the landlords or owners dwellings and shall make
these records available upon request to the Commission for verification of
charges made for utility services.
10. A landlord whose interest in a
manufactured home park or mobile home park terminates for any reason shall
transfer to the landlords successor in interest any balance remaining in the
account for service charges for utilities. Evidence of the transfer must be
filed with the Commission.
11. The Commission may at any time examine
all books and records which relate to the landlords or owners purchase of or
billing for a service provided by a utility or an alternative seller if the
landlord or owner is charging the tenants of the manufactured home park or
mobile home park or occupants of the dwellings for that service.
12. The provisions of this section do not
apply to a landlord or owner who is the owner or operator of a solar-powered
affordable housing system, as defined in NRS
704.7717 , except that:
(a) If the owner of a solar-powered affordable
housing system is the landlord of a qualified multifamily affordable housing
property, as defined in NRS 704.7714 ,
in which the tenant units are equipped with individual meters, the owner of the
solar-powered affordable housing system must follow any applicable federal laws
or regulations to ensure that the owner of the solar-powered affordable housing
system does not charge a tenant or occupant for utility service at a rate that
is higher than the rate paid by the owner of the solar-powered affordable
housing system.
(b) A landlord who is the owner or operator of a solar-powered
affordable housing system shall ensure that the financial benefits of the
electricity produced by the solar-powered affordable housing system are
allocated among the tenant units in a manner that is equitable as required by NRS 704.773 and 704.7733 .

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