Nevada Revised Statutes 111.237 – Prohibition or restriction based on race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation or gender identity or expression
1. Every provision in a written instrument relating to real property which purports to forbid or restrict the conveyance, encumbrance, leasing or mortgaging of such real property to any person of a specified race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation, or gender identity or expression is void and unenforceable and every restriction or prohibition as to the use or occupation of real property because of the user’s or occupier’s race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation, or gender identity or expression is void and unenforceable.
Terms Used In Nevada Revised Statutes 111.237
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Conveyance: shall be construed to embrace every instrument in writing, except a last will and testament, whatever may be its form, and by whatever name it may be known in law, by which any estate or interest in lands is created, aliened, assigned or surrendered. See Nevada Revised Statutes 111.010
- county: includes Carson City. See Nevada Revised Statutes 0.033
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Probate: Proving a will
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Restrictive covenant modification document: means a certified copy of a written instrument which redacts from the written instrument any language identified in a court order issued pursuant to Nevada Revised Statutes 111.010
- Restrictive covenant modification form: means the form prescribed by the Real Estate Division of the Department of Business and Industry pursuant to Nevada Revised Statutes 111.010
2. Every restriction or prohibition, whether by way of covenant, condition upon use or occupation, or upon transfer of title to real property, which restriction or prohibition directly or indirectly limits the acquisition, use or occupation of such property because of the acquirer’s, user’s or occupier’s race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation, or gender identity or expression is void and unenforceable.
3. A restriction or prohibition that is void and unenforceable by operation of law pursuant to subsection 1 or 2 may be removed from a written instrument using the restrictive covenant modification procedure provided in this section.
4. An interested person who wishes to remove from a written instrument any restriction or prohibition that is void and unenforceable by operation of law must file a petition in the district court requesting that the court issue an order directing the county recorder to record a restrictive covenant modification document. Any such petition must:
(a) Be made on a form prescribed by the clerk of the court;
(b) Specifically identify any restriction or prohibition the interested person seeks to have redacted from the written instrument; and
(c) Be accompanied by:
(1) An affidavit that states that the petitioner meets the definition of ‘interested person’ set forth in subsection 14, if the petitioner is not the owner or owners of the real property; and
(2) A copy of the written instrument.
5. If the petitioner is not the owner or owners of the real property, a copy of the petition must be served upon each owner of the property by mailing a copy of the petition by certified mail, return receipt requested, to each owner at his or her place of residence or to the registered agent of each owner at the address of the registered agent.
6. If, within 10 days after service of the petition:
(a) No written objection is filed, the district court may consider the petition without a hearing.
(b) A written objection is filed, the district court shall set the matter for a hearing.
7. After considering the petition and any objections, if the district court determines that a restriction or prohibition identified in the petition is void and unenforceable by operation of law pursuant to subsection 1 or 2, the district court shall issue an order directing the county recorder of the county in which the real property is located to record a restrictive covenant modification document. An order issued pursuant to this subsection must clearly identify the language that must be redacted in the restrictive covenant modification document.
8. If the district court issues an order pursuant to subsection 7, an interested person may record a restrictive covenant modification document by filing with the appropriate county recorder:
(a) A completed, signed restrictive covenant modification form;
(b) A certified copy of the written instrument; and
(c) A certified copy of a court order issued pursuant to subsection 7.
9. Upon receipt of the documents required by subsection 8, the county recorder shall:
(a) Redact from the certified copy of the written instrument any language identified in the order;
(b) Record and index:
(1) The restrictive covenant modification document; and
(2) The restrictive covenant modification form; and
(c) Retain the original written instrument as a public record for historical purposes.
10. The decision of the district court is not appealable.
11. No fee may be charged by:
(a) The clerk of the court for:
(1) The filing of a petition or written objection pursuant to this section; or
(2) Providing a certified copy of a court order issued pursuant to subsection 7; or
(b) The county recorder for any filing, indexing or recording required pursuant to subsection 9.
12. The filing of a petition pursuant to subsection 4 does not constitute grounds for delaying any probate proceeding, divorce proceeding or bankruptcy proceeding to which an owner is a party.
13. Nothing in this section regarding familial status shall be construed to apply to housing for older persons so long as such housing complies with the requirements of 42 U.S.C. § 3607.
14. As used in this section:
(a) ’Disability’ means, with respect to a person:
(1) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(2) A record of such an impairment; or
(3) Being regarded as having such an impairment.
(b) ’Familial status’ means the fact that a person:
(1) Lives with a child under the age of 18 and has:
(I) Lawful custody of the child; or
(II) Written permission to live with the child from the person who has lawful custody of the child;
(2) Is pregnant; or
(3) Has begun the proceeding to adopt or otherwise obtain lawful custody of a child.
(c) ’Interested person’ includes:
(1) The owner or owners of the real property.
(2) A representative of a common-interest community, if the real property is located within a common-interest community.
(3) A nonprofit organization or academic institution whose mission, in whole or in part, is to combat discrimination based upon race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation, or gender identity or expression.