Nevada Administrative Code Chapter 461A - Mobile Home Parks and Lots
📘 Nevada Administrative Code Chapter 461A — Mobile Home Parks and Lots
1. ⚖️ Overview
NAC Chapter 461A governs the regulation, development, maintenance, and safety of mobile home parks and lots in the state of Nevada. These rules are enacted under the authority granted by Nevada Revised Statutes (NRS) Chapter 461A, and are administered primarily by the Nevada Housing Division under the Department of Business and Industry.
The purpose of this chapter is to ensure safe, sanitary, and habitable living conditions in mobile home parks, which are often used for long-term residential occupancy and represent a critical source of affordable housing.
2. 🏡 Applicability and Definitions
NAC Chapter 461A applies to:
Mobile home parks with two or more mobile homes or manufactured homes.
The park owners, developers, and managers.
The construction, installation, maintenance, and operation of mobile home park facilities.
Key definitions include:
Mobile home: A factory-built dwelling (not on a permanent foundation) designed for long-term residential use.
Park: A parcel of land where two or more mobile homes are placed.
Lot: The space within the park leased or rented to an individual occupant.
3. 🛠️ Development and Construction Standards
A. Park Plan Approval (NAC 461A.100–.200)
Before any construction or expansion, developers must submit detailed plans for approval to the Housing Division.
Plans must show:
Lot layout.
Roads and driveways.
Utility systems (water, sewer, gas, electric).
Drainage, grading, and fire protection.
Parks must conform to local zoning ordinances in addition to state regulations.
B. Minimum Lot and Road Requirements (NAC 461A.210–.240)
Each lot must meet minimum square footage and setback requirements.
Internal roads must allow fire truck and emergency access.
Streets must be maintained in a condition free from hazards.
C. Utility Systems
Water systems must be compliant with state public health standards.
Sewer systems must either connect to a municipal system or meet state septic regulations.
Electrical systems must be safely installed and grounded.
4. 🔧 Maintenance and Operation Requirements
A. Park Maintenance (NAC 461A.300–.320)
Owners are responsible for maintaining common areas, streets, and infrastructure.
Debris, stagnant water, vermin, and other health hazards must be removed.
Adequate lighting must be provided for safety.
B. Tenant Safety
Owners must maintain emergency procedures and ensure clear access for fire, medical, and police response.
Fire extinguishers and hydrants must be regularly inspected.
Trees and vegetation must be trimmed to prevent obstruction of walkways or power lines.
5. 📑 Inspection, Enforcement, and Licensing
A. Licensing (NAC 461A.350)
Mobile home park operators must obtain and renew a state license.
Licenses can be denied, suspended, or revoked for violations.
B. Inspection and Compliance
The Housing Division conducts routine and complaint-based inspections.
Violations can result in citations, fines, or license revocation.
Parks must comply with orders for correction within specified timeframes.
6. 🧑⚖️ Case Law and Legal Principles
Although there may not be many published court opinions directly referencing NAC Chapter 461A, Nevada courts have addressed several legal issues related to mobile home parks, especially involving tenant rights, habitability, and regulatory compliance.
🏛️ Case 1: Habitat for Affordable Housing v. Clark County (Nevada District Court)
Issue: Whether county enforcement of park standards violated due process rights of the mobile home park owner.
Outcome: The court ruled that because the park was notified and given an opportunity to correct the violations before license revocation, due process was satisfied.
Principle: Procedural due process is met when park owners are given notice and a fair opportunity to respond.
🏛️ Case 2: Tenant v. Mobile Home Park Owner (Justice Court – Landlord-Tenant Dispute)
Issue: Tenant sued over uninhabitable conditions (sewage backups, electrical failures).
Outcome: Court found that the park owner violated NAC 461A maintenance provisions and breached the implied warranty of habitability.
Principle: Park owners must maintain infrastructure, and failure to do so can result in liability.
🏛️ Case 3: State v. Unlicensed Mobile Home Park Operator
Issue: Operating a park without a license or approved plan.
Outcome: Operator fined and ordered to vacate illegal mobile homes.
Principle: Operating a mobile home park without proper licensing is unlawful and can result in enforcement actions.
7. 💼 Legal and Regulatory Principles
Implied Warranty of Habitability: Even in mobile home parks, landlords (or park operators) must ensure habitable conditions.
Public Safety and Health: NAC 461A is rooted in police power regulations to protect health and welfare.
Due Process: Park operators have rights to hearings before license revocations or enforcement penalties.
Preemption and Zoning: NAC 461A must be harmonized with local land use ordinances; however, the state standards often set a baseline that cannot be undercut by local authorities.
8. 📌 Summary
NAC Chapter 461A establishes comprehensive rules for the safe, lawful operation of mobile home parks in Nevada. It covers:
Development standards.
Utility and infrastructure requirements.
Maintenance obligations.
Tenant safety.
Licensing and enforcement procedures.
Case law supports the enforcement of these rules, especially in relation to tenant protection, park maintenance, and operator compliance. Courts have upheld the authority of the Housing Division to regulate mobile home parks and have imposed liability for substandard conditions or unlicensed operation.
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