Assembly approves measure giving tenants more protection

CARSON CITY -- A tenant would be able to withhold rent if a landlord does not make repairs to provide basic services such as heating, air conditioning and water, under a bill approved by the Assembly 38-3 Thursday.

Assemblyman David Goldwater, D-Las Vegas, said the original version of his Assembly Bill 397 caused a "great deal of consternation" among landlords and real estate agents. But a compromise was reached and both sides agreed to work in the interim on landlord-tenant problems.

The measure, which goes to the Senate, allows a tenant to withhold rent until the repairs are made and the landlord cannot impose a late fee or penalty. But the tenant must be current in rent payments.

The bill also prohibits a landlord from taking retaliatory action against a tenant who complains about violated rights under the federal fair housing law. A tenant, in an eviction proceeding, can use a defense that the landlord violated the federal fair housing law.

Removed from the original bill was a section that would have required the landlord to have good cause for evicting a tenant. The bill would have required that the landlord provide reasons in writing to the tenant. Also stripped from the original bill was a provision that would have required landlords to return security deposits after one year.

Voting against the bill were Republicans Sandra Tiffany of Henderson, Kathy Von Tobel of Las Vegas and Merle Berman of Las Vegas.

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