Nevada Fair Housing Law
Ten protected characteristics — three more than federal law lists — and one filing deadline that is worded in a way you have to read twice. The full statutory text, hosted for reference, with a plain-language guide for homeowners.
The Nevada Fair Housing Law is Nev. Rev. Stat. §§ 118.010 to 118.120 — the range the law gives itself at § 118.010. Chapter 118 continues past it with landlord-and-tenant provisions on property taxes and abandoned property; those are not part of the Fair Housing Law and are not reproduced here.
Nevada protects more characteristics than federal law lists. § 118.020 declares the policy of the State that all people have equal opportunity to inherit, purchase, lease, rent, sell, hold and convey real property without discrimination because of race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex — ten characteristics, and § 118.100 carries the same ten in its opening line, so every prohibition in that section runs on all ten. Three of them — sexual orientation, gender identity or expression, and ancestry — are Nevada additions with no counterpart in the list the federal Fair Housing Act sets out.
What § 118.100 makes unlawful
Because of any of those characteristics, a person shall not refuse to sell or rent, refuse to negotiate, or otherwise make unavailable or deny a dwelling; discriminate in the terms, conditions or privileges of a sale or rental — including the amount of breakage or brokerage fees, deposits or other undue penalties — or in the provision of services or facilities in connection with it, which is the limb an association’s rules, fines and common-area services fall under; publish a discriminatory notice, statement or advertisement; misrepresent that a dwelling is unavailable; induce a sale or rental for profit by representations about who is entering the neighbourhood; or coerce, intimidate, threaten or interfere with a person exercising a right under the chapter, or for having helped someone else exercise one.
§ 118.101 does two things, and the second is the one association boards meet. A person — not merely a landlord — may not refuse to authorise a person with a disability to make reasonable modifications to the dwelling they occupy, and may not refuse to “make reasonable accommodations in rules, policies, practices or services if those accommodations are necessary to ensure that the person with the disability may use and enjoy the dwelling.” That second limb is what an assistance-animal, accessible-parking or architectural-standard request runs on. A landlord may condition a modification on restoration at the end of a tenancy and may not raise the customary security deposit for the asking.
§ 118.105 provides that a landlord may not refuse to rent a dwelling governed by chapter 118A solely because an animal that provides assistance, support or service will live there — but the landlord may require proof, which a statement from a provider of health care satisfies. § 118.103 carries the access standards for covered multifamily dwellings, and § 118.115 gives a tenant a defence to an eviction or other action for possession where the landlord’s attempt to terminate or regain possession violates this law or the federal Fair Housing Act.
Who is not covered
Chapter 118 has no exemption section, which is why its exemptions are easy to miss: they sit inside the definition of “dwelling” at § 118.060(2). An owner selling or renting a single-family house is outside the law if they own no more than three such houses and used no real-estate broker or salesperson; so are rooms or units in an owner-occupied building housing not more than four families, subject to the transaction limits in that subsection. One qualification worth knowing: the advertising prohibition in § 118.100(3) applies to those houses, rooms and units anyway.
The two deadlines — and read the second one twice
One year, to the Commission. § 118.110 lets an aggrieved person file a complaint with the Commission — which § 118.040 defines as the Nevada Equal Rights Commission — in the manner prescribed by § 233.160. That section requires a housing complaint to be filed not later than 1 year after the occurrence of the practice or the date it terminated, and treats a filing with an appropriate federal agency within that period as timely. You cannot file with the Commission at all if another state or federal body with comparable jurisdiction has already decided a complaint on the same facts and legal theory. (§ 233.160 is printed in two versions: the one in force runs until the Governor declares that the Federal Government has certified certain Nevada provisions as substantially equivalent to federal law, and the second takes effect on that declaration. On the housing deadline the two are identical, so nothing turns on it.)
And then there is § 118.120. It provides that a person may commence an action in district court to enforce § 118.100 and four other sections “not less than 1 year after the date of the occurrence or termination of an alleged violation”. Read literally that is a waiting period rather than a deadline, which is almost certainly not what was meant — but it is what the section says, and we reproduce it exactly rather than quietly correcting it. If you are near either end of a year, get advice before you rely on a reading of that sentence.
§ 118.115 adds a separate protection worth knowing: a violation of state or federal law has an effect in a proceeding for possession of a dwelling.
How it fits with Nevada’s other community laws
These protections run alongside the federal Fair Housing Act and the Americans with Disabilities Act — a resident may be protected by more than one. Inside a community they sit on top of the recorded declaration and chapter 116. Return to the Nevada HOA laws hub for the full set.
Contents · 19 sections ▾
- NRS 118.010 Short title
- NRS 118.020 Declaration of public policy of State
- NRS 118.030 Definitions
- NRS 118.040 “Commission” defined
- NRS 118.045 “Disability” defined
- NRS 118.050 “Discriminate” defined
- NRS 118.060 “Dwelling” defined
- NRS 118.065 “Familial status” defined
- NRS 118.070 “Family” defined
- NRS 118.080 “Person” defined
- NRS 118.090 “Rent” defined
- NRS 118.095 Regulations
- NRS 118.100 Prohibited acts and practices
- NRS 118.101 Modification of dwelling by person with disability
- NRS 118.103 Construction of certain covered multifamily dwellings to provide access to person with disability
- NRS 118.105 Landlord may not refuse to rent dwelling because person with disability will reside with animal that provides assistance, support or service
- NRS 118.110 Aggrieved person may file complaint
- NRS 118.115 Effect of violation of state or federal laws in proceeding for possession of dwelling
- NRS 118.120 Actions for injunction or damages
The provisions of NRS 118.010 to 118.120, inclusive, may be cited as the Nevada Fair Housing Law.
(Added to NRS by 1971, 729; A 1973, 1109; 1977, 1348, 1606; 2011, 867)
1. It is hereby declared to be the public policy of the State of Nevada that all people in the State have equal opportunity to inherit, purchase, lease, rent, sell, hold and convey real property without discrimination, distinction or restriction because of race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex.
2. Nothing in this chapter shall be deemed to render enforceable a conveyance or other contract made by a person who lacks the capacity to contract.
(Added to NRS by 1971, 729; A 1973, 195; 1991, 1020, 1980; 2011, 867)
As used in NRS 118.010 to 118.120, inclusive, unless the context otherwise requires, the words and terms defined in NRS 118.040 to 118.093, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1971, 729; A 1973, 1109; 1977, 1606; 1991, 1020, 1980; 1999, 1228; 2011, 868)
“Commission” means the Nevada Equal Rights Commission.
(Added to NRS by 1971, 730; A 1975, 221)
“Disability” means, with respect to a person:
1. A physical or mental impairment that substantially limits one or more of the major life activities of the person;
2. A record of such an impairment; or
3. Being regarded as having such an impairment.
(Added to NRS by 1991, 1020)
“Discriminate” includes both “segregate” and “separate.”
(Added to NRS by 1971, 730)
1. “Dwelling” means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.
2. “Dwelling” does not include:
(a) A single-family house sold or rented by an owner if:
(1) The owner does not own more than three single-family houses at any one time or the owner does not own any interest in, nor is there owned or reserved on his or her behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three single-family houses at any one time; and
(2) The house was sold or rented without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, real estate broker-salesperson or real estate salesperson licensed pursuant to chapter 645 of NRS.
(b) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by not more than four families living independently of each other if the owner actually maintains and occupies one of the living quarters as his or her residence and the owner has not within the preceding 12-month period participated:
(1) As the principal in three or more transactions involving the sale or rental of any dwelling or any interest therein; or
(2) As an agent, otherwise than in the sale of his or her own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein.
3. The sale of a single-family house by an owner not residing in that house at the time of the sale or who was not the most recent resident of that house before the sale does not bring the house within the definition of “dwelling” unless there is more than one such sale within any 24-month period.
(Added to NRS by 1971, 730; A 1995, 404; 1997, 50)
“Familial status” means the fact that a person:
1. Lives with a child under the age of 18 and has:
(a) Lawful custody of the child; or
(b) Written permission to live with the child from the person who has lawful custody of the child;
2. Is pregnant; or
3. Has begun a proceeding to adopt or otherwise obtain lawful custody of a child.
(Added to NRS by 1991, 1979; A 1995, 1987)
“Family” includes a single individual.
(Added to NRS by 1971, 730)
“Person” includes the State of Nevada and all political subdivisions and agencies thereof.
(Added to NRS by 1971, 730; A 1985, 507; 1991, 1020, 1980; 1995, 1987)
“Rent” means rent, lease, sublease, let or otherwise grant for a consideration the right to occupy premises not owned by the occupant.
(Added to NRS by 1971, 731)
The Commission may adopt regulations, consistent with the fair housing provisions of 42 U.S.C. §§ 3601 et seq., to carry out the provisions of NRS 118.010 to 118.120, inclusive.
(Added to NRS by 1991, 1980; A 2011, 868)
A person shall not, because of race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex:
1. Refuse to sell or rent or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person.
2. Discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, including the amount of breakage or brokerage fees, deposits or other undue penalties, or in the provision of services or facilities in connection therewith.
3. Make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination, or an intention to make any preference, limitation or discrimination. As used in this subsection, “dwelling” includes a house, room or unit described in subsection 2 or 3 of NRS 118.060.
4. Represent to any person because of race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex that any dwelling is not available for inspection, sale or rental when the dwelling is in fact so available.
5. For profit, induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person of a particular race, religious creed, color, national origin, disability, sexual orientation, gender identity or expression, ancestry, familial status or sex.
6. Coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected in this chapter.
(Added to NRS by 1971, 731; A 1973, 195; 1991, 1020, 1980; 1995, 405; 1997, 51; 2011, 868)
1. A person may not refuse to:
(a) Authorize a person with a disability to make reasonable modifications to a dwelling which he or she occupies or will occupy if:
(1) The person with the disability pays for the modifications; and
(2) The modifications are necessary to ensure that the person with the disability may use and enjoy the dwelling; or
(b) Make reasonable accommodations in rules, policies, practices or services if those accommodations are necessary to ensure that the person with the disability may use and enjoy the dwelling.
2. A landlord may, as a condition for the authorization of such a modification, reasonably require the person who requests the authorization, upon the termination of his or her occupancy, to restore the dwelling to the condition that existed before the modification, reasonable wear and tear excepted.
3. Except as otherwise provided in subsection 4, a landlord may not increase the amount of a security deposit the landlord customarily requires a person to deposit because that person has requested authorization to modify a dwelling pursuant to subsection 1.
4. If a person requests authorization to modify a dwelling pursuant to subsection 1, the landlord may require that person to deposit an additional security deposit in addition to the amount the landlord usually requires if the additional security deposit:
(a) Is necessary to ensure the restoration of the dwelling pursuant to subsection 2;
(b) Does not exceed the actual cost of the restoration; and
(c) Is deposited by the landlord in an interest-bearing account. Any interest earned on the additional amount must be paid to the person who requested the authorization.
5. As used in this section, “security deposit” has the meaning ascribed to it in NRS 118A.240.
(Added to NRS by 1995, 1986; A 2021, 398)
Cites other chapters: NRS 118A.240
1. A covered multifamily dwelling which is designed and constructed for occupancy on or after March 13, 1991, must be constructed in such a manner that the dwelling contains at least one entrance which is accessible to a person with a disability unless it is impracticable to so design or construct the dwelling because of the terrain or unusual characteristics of the site upon which it is constructed.
2. A covered multifamily dwelling which contains at least one entrance which is accessible to a person with a disability must be constructed in such a manner that:
(a) The common areas of the dwelling are readily accessible to and usable by a person with a disability;
(b) The doors of the dwelling are sufficiently wide to allow a person with a disability to enter and exit in a wheelchair;
(c) The units of the dwelling contain:
(1) An accessible route into and through the dwelling;
(2) Reinforcements in the bathroom walls so that bars for use by a person with a disability may be installed therein; and
(3) Kitchens and bathrooms in which a person in a wheelchair may maneuver; and
(d) The light switches, electrical outlets, thermostats or any other environmental controls in the units of the dwelling are placed in such a manner that they are accessible to a person in a wheelchair.
3. As used in this section, “covered multifamily dwelling” means:
(a) A building which consists of four or more units and contains at least one elevator; or
(b) The units located on the ground floor of any other building which consists of four or more units.
(Added to NRS by 1995, 1987)
1. Except as otherwise provided in subsection 2, a landlord may not refuse to rent a dwelling subject to the provisions of chapter 118A of NRS to a person with a disability solely because an animal will be residing with the prospective tenant in the dwelling if the animal assists, supports or provides service to the person with a disability.
2. A landlord may require proof that an animal assists, supports or provides service to the person with a disability. This requirement may be satisfied, without limitation, by a statement from a provider of health care that the animal performs a function that ameliorates the effects of the person’s disability.
(Added to NRS by 1977, 1347; A 1981, 1915; 1987, 824; 1991, 1021, 1981; 2003, 2975; 2005, 630)
Any aggrieved person who claims to have been injured by a discriminatory housing practice or who believes that he or she will be injured by such a practice that is about to occur may file a complaint with the Commission in the manner prescribed in NRS 233.160.
(Added to NRS by 1971, 731; A 1973, 1109; 1977, 1606; 1995, 1987)
Cites other chapters: NRS 233.160
A tenant has a defense in a summary proceeding or other action for possession of a dwelling if the landlord’s attempt to terminate the tenancy or regain possession violates any provision of NRS 118.010 to 118.120, inclusive, or the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq.
(Added to NRS by 1999, 1228; A 2011, 868)
Any person may commence an action in any district court in this state to enforce the provisions of NRS 118.100, 207.300, 207.310, 645.321 or 645C.480 not less than 1 year after the date of the occurrence or termination of an alleged violation of any of those provisions. If the court determines that the provisions of any of those sections have been violated by the defendant, and that the plaintiff has been injured thereby, it may enjoin the defendant from continued violation or may take such other affirmative action as may be appropriate, and, in the case of a prevailing plaintiff, may award to the plaintiff actual damages, punitive damages, court costs and a reasonable attorney’s fee.
(Added to NRS by 1971, 732; A 1977, 1608; 1995, 1988)
Cites other chapters: NRS 207.300, NRS 207.310, NRS 645.321, NRS 645C.480
General information, not legal advice. Statutory text is reproduced from the Nevada Revised Statutes and may not reflect the most recent amendments.