NRS 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.
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. The owner or owners of any real property subject to a restriction or prohibition that is void and unenforceable by operation of law pursuant to subsection 1 or 2 may record a form prescribed by the Real Estate Division of the Department of Business and Industry pursuant to NRS 111.2375 declaring that all such restrictions or prohibitions are removed from the referenced original written instrument.
4. The form must be completed and signed by the owner or owners of the real property and filed in the office of the county recorder in which the real property is located.
5. If the form is filed with the appropriate county recorder pursuant to subsection 4, the county recorder shall record and index the form with any other restriction or prohibition upon real property, including, without limitation, real property within a common-interest community pursuant to chapter 116 of NRS.
6. If the form is not filed with the county recorder of the appropriate county pursuant to subsection 4, the county recorder shall transfer the form to the county recorder of the appropriate county for recording and indexing in the manner described in subsection 5.
7. 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.
8. 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.
(Added to NRS by 1965, 763; A 2017, 1060; 2019, 373)
NRS 111.2375 Form to make declaration of removal of discriminatory restriction.
1. The Real Estate Division of the Department of Business and Industry shall:
(a) Solicit recommendations from the county recorder of each county concerning the design and contents of a form that may be used to make a declaration of removal of a discriminatory restriction pursuant to NRS 111.237.
(b) Prescribe such a form after considering all recommendations solicited pursuant to paragraph (a).
2. The form must provide for the inclusion of the following:
(a) Identifying information concerning the original written instrument that contains a prohibition or restriction that is void and unenforceable pursuant to NRS 111.237;
(b) The name or names of the owner or owners of the property;
(c) The assessor's parcel number;
(d) The legal description of the real property as provided in the original written instrument;
(e) The mailing address of the owner or owners of the property; and
(f) The following statements in 14-point font, in substantially the following form:
(1) The referenced original written instrument contains discriminatory restrictions that are void and unenforceable pursuant to NRS 111.237. This declaration removes from the referenced original instrument all provisions that are void and unenforceable pursuant to NRS 111.237 and is valid solely for that purpose; and
(2) All persons in this State shall have an equal opportunity to inherit, purchase, lease, rent, sell, hold and convey real property without discrimination, distinction or restriction because of race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation or gender identity or expression pursuant to chapter 118 of NRS.
3. The form must be made available, free of charge:
(a) By the Real Estate Division at its principal office designated pursuant to NRS 645.170 and at each branch office established pursuant to NRS 645.170 and on any Internet website maintained by the Division; and
(b) By the county recorder at the office of the county recorder and on any Internet website maintained by the county recorder in his or her official capacity.
(Added to NRS by 2019, 373)
Source: www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-111.html#NRS111Sec237