Nev. Admin. Code § 704.984 - Service charge: Approval required for withdrawal; application for approval; notice of application
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
NRS 703.025, 704.210, 704.940
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