March 24, 2020

VIA E-mail
Governor Steve Sisolak
101 N. Carson Street
Carson City, NV 89701

Re: Request for Emergency Relief for Tenants in Nevada

Dear Governor Sisolak:

At a time when sheltering in place is crucial to preserve community health, Nevadans are more
confused and insecure than ever about their housing. Under the leadership of Supreme Court
Justice Kristina Pickering, efforts have been made to urgently place an emergency moratorium
on eviction hearings. But without a unified message for all Nevadans, these efforts have resulted
in predatory actions from landlords, and tragic consequences for tenants.

Eight out of forty justice courts in Nevada have entered orders staying eviction deadlines under
NRS 40. What does that mean for a Nevada tenant? In Las Vegas, if you received a nonpayment
notice last week because you were laid off after working 19 years at MGM properties and could
not afford your rent, then it means you ​probably d​ o not have to file a response because you
won’t be evicted within the suspension time, even though the notice warns that you only have 7
days to answer at the Justice Court. And the Justice Court is closed to walk-in customers. ​Maybe
you’ll get a new notice after the suspension is lifted, or ​maybe y​ ou should file an answer right
when the suspension is lifted. In Reno, if you receive that same nonpayment notice today, you
should f​ ile an answer electronically, and ​maybe y​ ou’ll get a telephonic appearance, but ​maybe
you won’t. ​Maybe ​you’ll get evicted as soon as the eviction suspension is lifted.

Tenants are desperate to know what protections they have, how long they have them for, and
how to proceed when they’ve been ordered to stay in their homes. But because each court has
different interpretations, guidelines, and effective dates, tenants are panicked and confused. We
have already seen the terrible effects of this inequity. Landlords, trying to skirt the eviction
suspension, are delivering deceptive eviction notices knowing full-well that tenants don’t
understand the suspension and will not even be allowed to enter a courthouse to file an answer as
directed. Landlords are telling families that they are “hotel guests” and therefore do not need to
be evicted, but will simply be locked out. This imbalance in power is resulting in fearful tenants
who are bullied into traveling around town looking for answers, or worse, bullied into moving
out with nowhere to go, at a time when everyone should remain grounded and stay put.
Clear guidance and protections from the state are desperately needed. We urge you, by
executive order, to order:
1. That landlords cease issuing eviction notices. Let it be known to landlords that issuing
eviction notices during the suspension is deceptive and will result in punitive measures.
Let it be known to tenants that they are to remain in their homes and should not feel
threatened by their landlords during this time.
a. We proffer that exceptions may be made where a tenant threatens public health or
safety, but a request to issue an eviction notice during the suspension must be
granted by a justice court.
2. That in no event should a nonpayment of rent or no-cause eviction notice be issued to a
tenant during the eviction suspension.
3. That illegal lockouts by landlords during the eviction suspension will continue to carry
the penalties prescribed under Nevada law.
4. That sheriffs or ex-officio constables in Nevada will not perform lockouts during the
eviction suspension.
5. That late fees on rent are banned to slow the insurmountable debt that families are
accumulating.
6. That all the protections extend to tenants utilizing weekly rentals as their primary
residence, as prescribed under Nevada law.

We recognize that landlords will suffer economically as a result, along with the rest of the State.
However, we emphasize that some tenants will still be able to pay rent, and we are not proposing
that those who can pay be permitted not to. We further note that some landlords are currently
electing not to take new applications from potential tenants, and even tenants who can or want to
move are stalled from doing so due to the “stay home Nevada” directive. But for those families
that can’t afford to pay, immediate protections are needed now. We hope that in the very near
future, resources will become available to assist those families, whether through the issuance of
unemployment compensation funds, through charitable sources, or through federal, state or local
funding. This interim action makes the best of some very bad alternatives that are available to
Nevadans.

The Governor has broad authority under NRS 414.070(7) “to perform and exercise such other
functions, powers and duties as are necessary to promote and secure the safety and protection of
the civilian population.” An executive order directing all landlords to refrain from issuing
eviction notices is well within this broad authority. The Governor has already exercised his
authority over businesses, and the business of landlords should be no different. Closing
non-essential businesses was intended to prevent the gathering of Nevadans and to encourage
them to stay home. It is therefore vital to the safety and protection of Nevada that we ensure
Nevadans have a home to stay in. The issuance of eviction notices during this time is one of the
most threatening and dangerous actions occurring during this pandemic.1

While some states have explicitly granted the Governor the power to affect statutes and
regulations during a State of Emergency, that does not diminish the broad powers granted to the
Governor in the Nevada Revised Statutes. Other states without specific authority have utilized
their broad powers to issue similar protections by executive order.

For example, despite not having explicit authority under state law, the Governor of Kentucky
has issued executive orders invoking the authority to “suspend state statutes and regulations” and
“amend laws and administrative regulations” as necessary during the state of emergency.
Kentucky has used these broad powers to expand unemployment benefits, ​waive copays,
deductibles, cost-sharing and diagnostic testing fees for private insurance, and to postpone
elections​.

New Hampshire's Governor has declared it a criminal penalty for a landlord to file for an
eviction. He also ordered courts to suspend eviction actions. New Hampshire’s emergency

1
As of the date of this letter, governors in nine other states have recognized the threat posed by the issuance of
eviction notices at this time and have used their powers to issue executive orders suspending the practice. ​See (​ 1)
Colorado Executive Order D 2020 012, ​Order Limiting Evictions, Foreclosures, and Public Utility Disconnections
and Expediting Unemployment Insurance Claim Processing to Provide Relief to Coloradans Affected by COVID-19
(directing relevant state agencies to work with property owners and landlords to identify any lawful measures to
avoid removing or executing eviction procedures against tenants or mobile home owners without cause or as a result
of late or non-payment of rent or minor tenancy violations and directing law enforcement agencies to suspend
residential eviction activity until April 30, 2020); (2) Indiana Executive Order 20-06, ​Temporary Prohibition on
Evictions and Foreclosures (​ prohibiting the initiation of all eviction and foreclosure proceedings until the state of
emergency relating to COVID-19 has terminated); (3) Kansas Executive Order No. 20-10, ​Rescinding Executive
Order 20-06 and Temporarily Prohibiting Evictions and Foreclosures​ (prohibiting landlords from evicting
residential tenants when all defaults or violations of the rental agreement are substantially caused by a financial
hardship resulting from the COVID-19 pandemic); (4) Order of the Governor of the State of Maryland, ​Temporarily
Prohibiting Evictions of Tenants Suffering Substantial Loss of Income Due to COVID-19​ (prohibiting courts from
issuing any judgment for possession or repossession, or warrant of possession or repossession of residential real
property if tenant can demonstrate they have suffered a substantial loss of income resulting from COVID-19); (5)
Minnesota Emergency Executive Order 20-14, ​Suspending Evictions and Writs of Recovery During the COVID-19
Peacetime Emergency​ (ceasing the termination of residential leases during the pendency of the COVID-19
emergency, except where the termination is due to the tenant seriously endangering the safety of other residents); (6)
New Hampshire Emergency Order #4 Pursuant to Executive Order 2020-04, ​Temporary Prohibition on Evictions
and Foreclosures​ (prohibiting property owners from initiating eviction proceedings during the state of emergency);
(7) New Jersey Executive Order No. 106 (prohibiting the removal of any lessee, tenant, homeowner, or any other
person from a residential property as the result of an eviction or foreclosure proceeding); (8) New York Executive
ORder No. 202.8, ​Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency
(prohibiting the enforcement of evictions and foreclosures of residential and commercial property for ninety days)
(9) Oregon Executive Order No. 20-11, ​Temporary Moratorium on Residential Evictions for Nonpayment, in
Response to Coronavirus (COVID-19) Outbreak (​ prohibiting law enforcement officers from serving, delivering, or
acting on any notice, order, or writ of termination of tenancy that relates to residential evictions for nonpayment).
management statute is a miscellaneous provision under their chapter concerning the authority of
the governor and lacks Nevada's broad grant of authority found in NRS 414.070(7).

You have directed Nevadans to stay at home. We plea that you allow them to follow your
directive. Give Nevadans peace of mind in knowing that they will be sheltered during these
anxious times. We urge you to direct landlords to cease all eviction actions.

Sincerely,

Legal Aid Center of Southern Nevada

Nevada Legal Services
Southern Nevada Senior Law Program
Washoe Legal Services
Volunteer Attorneys of Rural Nevada
ACLU of Nevada
ACTIONN
Children’s Advocacy Alliance
Culinary Workers Union Local 226
The Guinn Center
Human Services Network
Indivisible Northern Nevada
Make It Work Nevada
Make the Road Nevada
Mi Familia Vota
Nevada Coalition to End Domestic and Sexual Violence
The Nevada Homeless Alliance
Nevada Immigrant Coalition
Nevada Women’s Lobby
Progressive Leadership Alliance of Nevada
State Innovation Exchange Action

Contact:​
Bailey Bortolin
Statewide Advocacy, Outreach and Policy Director
Nevada Coalition of Legal Service Providers