Verbatim from the public record. The law itself is a government work — always confirm the current version on the official source before you rely on it.
����� 1. Notwithstanding any other provision of
law and except as otherwise provided in subsection 2 or ordered by a court of
competent jurisdiction, if a unit�s owner or his or her successor in interest
is a federal worker, tribal worker or state worker or, in accordance with
subsection 3, a household member or landlord of a federal worker, tribal worker
or state worker, an association shall not initiate the foreclosure of a lien by
sale during the period commencing on the date on which a shutdown begins and
ending on the date that is 90 days after the date on which the shutdown ends.
����� 2. The provisions of subsection 1 do not
apply if a court determines that the ability of the federal worker, tribal
worker, state worker, household member or landlord to comply with the terms of
the obligation secured by the residential mortgage loan is not materially
affected by the shutdown.
����� 3. Upon application to the court, a household
member or landlord of a federal worker, tribal worker or state worker is
entitled to the protections provided to a federal worker, tribal worker or
state worker pursuant to this section if the ability of the household member or
landlord to make payments required by a lien of a unit-owners� association is
materially affected by the shutdown.
����� 4. An association shall:
����� (a) Inform each unit�s owner or his or her
successor in interest that if the person is a federal worker, tribal worker,
state worker, household member or landlord of such a worker, he or she may be
entitled to certain protections pursuant to this section; and
����� (b) Give the person the opportunity to provide
any information required to enable the association to verify whether he or she is
entitled to the protections set forth in this section.
����� 5. Before an association takes any action
pursuant to paragraph (a) of subsection 4 of NRS 116.31162 , if information required to
verify whether a unit�s owner or his or her successor in interest is entitled
to the protections set forth in this section:
����� (a) Has been provided to the association pursuant
to subsection 4, the association must verify whether the person is entitled to
the protections set forth in this section.
����� (b) Has not been provided to the association
pursuant to subsection 4, the association must make a good faith effort to
verify whether the person is entitled to the protections set forth in this
section.
����� 6. Any person who knowingly initiates the
foreclosure of a lien by sale in violation of this section:
����� (a) Is guilty of a misdemeanor; and
����� (b) May be liable for actual damages, reasonable
attorney�s fees and costs incurred by the injured party.
����� 7. In imposing liability pursuant to
paragraph (b) of subsection 6, a court shall, when determining whether to
reduce such liability, take into consideration any due diligence used by the
person before he or she initiated the foreclosure of the lien by sale.
����� 8. As used in this section:
����� (a) �Federal worker� has the meaning ascribed to
it in NRS 40.002 .
����� (b) �Good faith effort� means that an association
acts honestly and fairly when trying to verify whether a unit�s owner or his or
her successor in interest is entitled to the protections set forth in this
section, as evidenced by the following actions:
������������ (1) The association informs the unit�s
owner or his or her successor in interest of the information required pursuant
to paragraph (a) of subsection 4;
������������ (2) The association makes reasonable
efforts to give the unit�s owner or his or her successor in interest the
opportunity to provide any information required to enable the association to
verify whether the person is entitled to the protections set forth in this
section pursuant to paragraph (b) of subsection 4; and
������������ (3) The association makes reasonable
efforts to utilize all resources available to the association to verify whether
the unit�s owner or his or her successor in interest is a federal worker,
tribal worker, state worker or household member or landlord of such a worker.
����� (c) �Household member� has the meaning ascribed
to it in NRS 40.0025 .
����� (d) �Initiate the foreclosure of a lien by sale�
means to take any action in furtherance of foreclosure of a lien by sale after
taking the actions set forth in paragraph (a) of subsection 4 of NRS 116.31162 .
����� (e) �Shutdown� has the meaning ascribed to it in NRS 40.0035 .
����� (f) �State worker� has the meaning ascribed to it
in NRS 40.004 .
����� (g) �Tribal worker� has the meaning ascribed to
it in NRS 40.0045 .