Nev. Admin. Code § 704.984 - Service charge: Approval required for withdrawal; application for approval; notice of application

Current through March 28, 2022

1. If the landlord of a mobile home park assesses and collects from his or her tenants a service charge for gas or electric service pursuant to subsection 5 of NRS 704.940, the landlord shall not withdraw money from the account in which it is deposited without the prior written approval of the Commission. The landlord may apply for approval to withdraw money from the account by filing an application with the Commission. The application must include:
(a) A statement of the manner in which the landlord intends to use the money;
(b) A statement setting forth the estimated or actual costs of:
(1) The federal income taxes which must be paid as a result of the collection of the service charge; or
(2) Preventive maintenance or for repairing or replacing utility lines or equipment;
(c) A statement setting forth the steps taken by the landlord to ensure that the costs set forth in paragraph (b) are reasonable;
(d) A statement of the amount of any bids which were obtained;
(e) A copy of the most recent statement for the account issued by the financial institution in which the money is deposited showing the current balance in the account;
(f) A statement of the estimated balance in the account if the Commission approves the application;
(g) A statement of the manner in which the landlord will pay the costs of any repairs or replacements which exceed the balance in the account; and
(h) A copy of the notice that will be provided to the tenants as required by subsection 3.
2. The minimum amount of a request for withdrawal from the account is $500 unless the landlord receives authorization from the Commission to request a smaller amount. The landlord may aggregate costs of less than $500 in an application.
3. The landlord shall send written notice to his or her tenants of the application for permission to withdraw money from the account. The notice must:
(a) Accompany the first bill for utility service delivered to the tenants after the application is submitted to the Commission;
(b) Include an explanation of the manner in which the landlord intends to use the money;
(c) Include a general explanation of the manner in which the landlord is required to collect, deposit and disburse the money that the landlord assesses and collects from the tenants as a service charge;
(d) Include a statement that the money may be used only for federal income taxes which must be paid as a result of the collection of the service charge, for preventive maintenance or for repairing or replacing utility lines or equipment;
(e) State the balance in the account as it appears on the statement issued by the financial institution which is included in the application for permission to withdraw money;
(f) State the amount of money the landlord has requested permission to withdraw; and
(g) Include a statement that the notice is not an increase in rent or service charge.

Notes

Nev. Admin. Code § 704.984
Added to NAC by Pub. Service Comm'n, eff. 1-11-91; A by Pub. Utilities Comm'n by R156-01, 1-28-2002

NRS 703.025, 704.210, 704.940

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