Eviction Mediation Training Updates and AB486 Overview
Explore the latest updates on eviction mediation training featuring AB486 and AB141. AB486 covers designated eviction proceedings, provides new affirmative defenses for tenants, and allows defenses to be raised at any time during the process. Learn about the impact of these changes on eviction cases in Nevada.
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Eviction Mediation Training Part 9: AB 486, AB 141 & Updates Brad Lewis Director - Nevada Supreme Court Access to Justice Commission Shannon Chambers Nevada Labor Commissioner, President Home Means Nevada Jim Berchtold Directing Attorney, Consumer Rights Project Legal Aid Center of Southern Nevada 1 1
Eviction Mediation Program Welcome & Thank You 2 2
Jim Berchtold Legal Aid Center of Southern Nevada AB 486 & AB 141 Update (Rev. 3, 05/03/2012) 3
AB486 AB486 Effective upon passage (June 4) Covers Designated Eviction Proceedings (most types of evictions where rent is delinquent) All nonpayment evictions (even formal and mobile home) Lease violation evictions + delinquent rent No-cause evictions (30-day, 7-day, tenancy-at-will) + delinquent rent End-of-lease-term evictions + delinquent rent Does not cover evictions for nuisance, commercial properties, after foreclosure All designated eviction proceedings stayed for 30 days to allow for mediation 4
AB486 AB486 T can raise two new affirmative defenses to eviction First Defense: T has pending rental assistance application (meaning application submitted in good faith and actively pursued by T) If raised, court must stay case until mediation or until decision on pending application If application approved, case must be dismissed when $ paid to LL Second Defense: LL is refusing rental assistance or refusing to cooperate in rental assistance process If raised, court must stay case until mediation or until T proves validity of claim If T proves claim, court must deny eviction and may award damages to T based on degree of harm to T cause by LL s refusal 5
AB486 AB486 T can raise defenses at any time during proceeding Could be raised after mediation at eviction hearing If T raises defense, LL can file motion to rebut affirmative defense Court can refer to mediation, set hearing, or maintain stay If LL facing realistic threat of foreclosure if unable to evict, LL can file motion for exemption from stay LL must serve T written notice of intent to seek exemption when LL serves eviction notice 6
AB486 AB486 Allows T or agency to sue for wrongful eviction if LL accepts rental assistance then tries to evict T for any reason that arose or existed during period covered by rental assistance If guilty of wrongful eviction, LL potentially liable to agency for 100% of rent paid, to T for 25% of rent paid, attorney s fees and costs LL barred from suing T for any delinquent rent paid with rental assistance Requires LL to notify T of AB486 procedures and availability of rental assistance (CHAPS) Establishes last-resort program so LLs can apply for rental assistance (single family homes, less than $4 million per year) Expires June 2023 7
AB486 AB486 TOP 3 TAKEAWAYS TOP 3 TAKEAWAYS Most cases will go to mediation if T behind on rent Doesn t matter what type of notice LL serves (except nuisance) or what reason for eviction might be Rent will be big issue at mediation At any time, T can raise defense that CHAP application pending, LL refused to accept assistance, or LL refused to cooperate in getting assistance LL who refuses assistance will have tough time getting eviction + possibly liable to tenant Once LL accepts rental assistance, can t evict for backward-looking reason, but can try to evict going forward LL who tries to wrongfully evict could end up paying assistance back + $$ 8
AB141 AB141 Effective upon passage (May 27) Nonpayment evictions during emergency sealed by law Otherwise Certain cases sealed automatically (case dismissed, eviction denied) LL and T can stipulate to seal case T can file motion to seal case 9
QUESTIONS FOR JIM ON AB 486 OR AB 141? QUESTIONS FOR JIM ON AB 486 OR AB 141? 10
Shannon Chambers Home Means Nevada Update (Rev. 3, 05/03/2012) 11
Home Means Nevada Update - Shannon Case Volume - Expect More Duplicate cases Non-Profits HMN working with additional Non-Profit Assembly Bill 486 - Still Many Questions Assembly Bill 486 - Landlord Rental Assistance Form What to put on the Case Disposition Form (Rev. 3, 05/03/2012) 12
Home Means Nevada Update - Shannon Assembly Bill 486 Flow Chart (Rev. 3, 05/03/2012) 13
Brad Lewis Access to Justice Commission Update (Rev. 3, 05/03/2012) 14
Eviction Moratoria Consensus SB1 passed Senate 18-3 and Assembly 38-4 Nevada moratorium ended 5/31 Final CDC extension through July 31 No forced agreement Non-payment of rent AB 486 just passed on June 4 Cases coming through AB 486 (Affirmative defense), Section 2 (3)(a), reads the court may Refer the designated eviction proceeding to mediation; (Rev. 3, 05/03/2012) 15
Updates - Brad Mediation rule extended through June 5, 2023 Or until programs do not have sufficient funds Matches AB 486 date Language changed from Summary Eviction to Designated Eviction Proceeding (Rev. 3, 05/03/2012) 16
Updates - Brad Mediator Webpage Resource updates Amended mediation rule AB 486 AB 141 Form updates COVID-19 Attestation forms (Clark & Reno/Rural) Case Disposition Form Agreement form AOC invoices (Mediator & Interpreter) Eviction Mediation Program State Bar of Nevada (nvbar.org) (Rev. 3, 05/03/2012) 17
Updates - Brad Payment for mediation If no mediation, Attempt Fee possible with COVID-19 proof Two Good-Faith Attempts Required (Rev. 3, 05/03/2012) 18
Mediation Method - Brad Method up to you ultimate decision o Phone, videoconference o In-person limited due to COVID-19 o What to do if real cause for in-person (Rev. 3, 05/03/2012) 19
Success Case Disposition Form and/or agreement document emailed to the court of record and HMN at least two (2) judicial days in advance of the hearing mediatorinfo@homemnv.org (Rev. 3, 05/03/2012) 20
Dos and Donts - Brad o Do reach out soon, base on hearing date, remember nonprofit work o Do share that resources are available at https://therenterconnect.org/ o Do use the mediator support web page Eviction Mediation Program State Bar of Nevada (nvbar.org) o Do get confidentiality and rental assistance releases signed (DETR?) o Do share the creative solutions document o Do request copies of the case filings from the landlord and tenant o Do share that parties may be put on hold for single party discussions o Do reality check both landlord and tenant o Do respect the confidentiality and DETR/rental assistance agreements o Do disclose conflicts o Do not record (Rev. 3, 05/03/2012) 21
Compensation - Brad Compensation o $200 for +/- 2 hour or sometimes longer session o $50 for 2 good faith attempts to set/hold mediation o $40 per hour for interpreters, 2-hour minimum o COVID-19 Attestation Gold Standard Who can attest? See Step 5 Case Flow Doc. (Rev. 3, 05/03/2012) 22
Its All About You! o While this program is about landlords and tenants o It s really about mediators o The 30-day stay allows time to mediate agreements o Tight timeline o Mediated outcomes now likely: o If rental assistance = possible agreement o If no money = good outcome is tenant vacates on a date certain o Nevada legislature AB 141 automatically seals eviction record o As of May 27 o Remaining DETR claims/other (Rev. 3, 05/03/2012) 23
Thank you! Questions for Brad or Shannon? 24
Thank you! Questions? Reach out with questions Watch for updates bradl@nvbar.org mediatorinfo@homemnv.org https://therenterconnect.org/ (702) 789-7349 25
