Nev. Admin. Code § 319.261 - Action by Division

Before the Division will certify an assisted living facility for which a sponsor requests certification pursuant to NAC 319.259, the Division will:

1. Verify that the construction of the assisted living facility is complete.

2. Verify that a certificate of occupancy for the assisted living facility has been issued by the authority having jurisdiction to issue such a certificate of occupancy.

3. Conduct an inspection and review of the assisted living facility to determine whether it was constructed in accordance with the applicable requirements of the Division. The inspection and review must include, without limitation, an evaluation of:

(a) The amenities provided in the assisted living facility;

(b) The number and type of living units provided in the assisted living facility; and

(c) Any energy efficiency measures used in the construction of the assisted living facility.

4. Review the contract terms of the service provider for the assisted living facility, including, without limitation, the contract terms concerning the services offered and provided to the tenants of the assisted living facility, to determine if those terms comply with the applicable requirements of the Division. The Division will not rate the quality of the services offered in the assisted living facility or certify or verify the standards of practice used in the assisted living facility as part of the review it conducts pursuant to this subsection.

5. If the assisted living facility is financed through tax credits relating to low-income housing, record a declaration of restrictive covenants and conditions for the assisted living facility, unless a declaration of restrictive covenants and conditions has already been recorded for the assisted living facility pursuant to the provisions of NAC 319.951 to 319.998, inclusive.

6. If the assisted living facility is financed through tax credits relating to low-income housing, verify that the amount of rent proposed to be charged to a tenant of the assisted living facility and any fee other than rent proposed to be charged to a tenant of the assisted living facility comply with the provisions of 26 U.S.C. § 42 concerning low-income housing tax credits.

7. Verify that the assisted living facility complies with the Uniform Physical Condition Standards set forth in 24 C.F.R. § 5.703.

8. If the assisted living facility is financed through tax credits relating to low-income housing, verify that the assisted living facility complies with the qualified allocation plan as that term is defined in NAC 319.962.

9. Verify any other information that the Division determines is necessary to determine whether the assisted living facility satisfies the requirements set forth in this section and NRS NRS NRS 319.147.

Notes

Nev. Admin. Code § 319.261

Added to NAC by Housing Div. by R018-06, eff. 6-1-2006; A by R115-14, eff. 10/27/2015

NRS 319.145