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Subcommittee targets housing sector

Laws proposed for Legislature to consider at session next year

As Nevada slogs through a struggling housing market, a state legislative subcommittee wants to prevent future troubles in Nevada's housing market.

The Legislative Commission's Subcommittee to Study Mortgage Lending and Housing Issues met for four hours Monday inside the Grant Sawyer State Office Building near downtown to hammer out details on housing-related laws governing areas ranging from fines for illegal real estate practices to protections for renters.


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  • The proposed laws won't help consumers in trouble today; they're simply suggested bills that the subcommittee will submit to the Nevada Legislature to consider when it meets from February to June.

    The hearing room filled up for the meeting, with the audience of more than 100 beating previous attendance by three times or so, noted subcommittee Chairman and Assemblyman Marcus Conklin, D-Las Vegas.

    The crowd listened quietly, with the exception of some applause when subcommittee member and Nevada Sen. Mike Schneider, D-Las Vegas, called for the panel to urge Congress to investigate the Wall Street investment banks he blamed for the nationwide rise in foreclosures.

    To help change the market dynamics behind the ongoing wave of mortgage defaults, lawmakers plan to propose an array of bills.

    On the 2009 legislative agenda will be laws that increase the maximum fine for escrow agency violations from $500 to $10,000; require mortgage brokers to post bonds or carry liability insurance; demand Nevada licenses or registration for out-of-state mortgage servicers; establish a victims' fund for consumers "victimized" by mortgage lenders, brokers or agents, similar to existing recovery funds for Nevada contractors and real estate licensees; establish that a mortgage broker has a fiduciary duty to a client; and give the state Division of Mortgage Lending the authority to order its licensees to pay restitution to consumers.

    Monday's proposals featured several protections for renters living in homes with delinquent mortgages.

    Bills would require landlords to tell potential tenants if the property for rent has a notice of default against it. Homeowners would also have to post a notice of default and a notice of sale at the affected property, and they'd have to display that notice on-site as long as the foreclosure process was pending. The subcommittee will also advocate legislation allowing tenants to break leases on homes with a notice of sale issued, as well as a law that would require 60 days' notice before a long-term tenant is evicted from a foreclosure property.

    The subcommittee plans to pose a law that would require notices of default and sale to go to licensing authorities in foreclosure cases involving licensed medical centers or centers for dependent citizens. The subcommittee designed the measure to address homes converted to medical-care clinics, such as the Henderson property that served as a geriatric-care home for six seniors. The ailing residents had one day to find temporary housing after a judge ordered evictions for the foreclosed home's residents in 2007.

    Affordable housing appeared on the subcommittee's agenda as well.

    The group will submit a bill creating community land trusts to find and acquire property for affordable housing. It will also put forth a law that would use funds from the state's Account for Low-Income Housing to form a central repository for Nevada housing data. Without the repository, Conklin said, Nevada misses out on federal dollars for affordable housing, because officials can't inventory existing housing supplies and prices according to federal guidelines.

    A proposal that would require banks that took title after a foreclosure sale to maintain a vacant home's exterior, including the landscaping and pool, proved the day's most controversial suggestion.

    Schneider, who proposed the law, said banks must take responsibility for homes that stand empty thanks to questionable mortgages they issued.

    "It's private industry that took the risk and made the loan," Schneider said. "We just keep bailing out the banks. I don't think we ought to bail them out on this. We need stringent laws that say the banks need to step up and take care of our neighborhoods."

    But Nevada Sen. Warren Hardy, R-Las Vegas, argued that existing city ordinances against neighborhood blight made Schneider's proposal unnecessary. Nevada Sen. Bob Beers, R-Las Vegas, added that homeowners associations already have codes, covenants and restrictions they can enforce to ensure owners maintain homes. Schneider's idea won't be drafted as its own law.

    Also scratched: a law that would require disclosure of the amount and source of all compensation brokers earn from a transaction, and a bill that would require a lender to "make a diligent effort" to contact an owner-occupant at least 30 days before filing a notice of default. Detractors said the laws replicated other proposals or existing practices, and both would be difficult to enforce.

    In addition to Beers, Conklin, Hardy and Schneider, Assemblyman Tom Grady, R-Yerington, and Assemblywoman Marilyn Kirkpatrick, D-North Las Vegas, serve on the subcommittee.

    Contact reporter Jennifer Robison at jrobison@reviewjournal.com or 702-380-4512.

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    Report abuse

    City protect Neighborhood aesthetics wrote on August 05, 2008 11:23 AM: ths, you ignore the other point in article about CITY codes that prohbit blight and dead landscapes, and the CITY must enforce codes. See Las Vegas Code. Chapter 9. Whether the City does a good job is the issue.

    NEIGHORHOOD RESPONSE: 229-6615


    Report abuse

    affordable housing = SCAM wrote on August 05, 2008 11:15 AM: "affordable housing" buzzword = SCAM

    Las Vegas home values are about the average in U.S. ($225k), and a home is a place to live, not necessary "own"! There are TONS of rooms for rent ($300+) and homes from rent in LV ($800+)! Go try find that in California, or try find that less ANYWHERE! So, I'm so tired of the "Affordable Housing" scam. It is just another welfare program. If you cannot afford rent or mortgage, move back home or move in with a friend!

    Bottomline, banks were STUPID for giving risky people loans, and many people LIED. But Banks may have been required or pressured to loan to risky people! See the Community Reivestment Act (CRA) that since the 1970s has made banks give TRILLIONS (yes, with a big "T") of dollars to BLACK people for mortgages. How is that for "equal" opportunity lending, and Black History that you will not hear about in any classroom.

    Who pays for this? In YOUR WHITE FACE whitey.


    Report abuse

    HOA Supporter! wrote on August 05, 2008 11:14 AM: Hey, ths, have you looked at the laws Senator Schneider has passed to protect people who live in HOA's? He has always watched out for us and protected our rights so we don't get abused by aggressive boards that act like dictators and ignored the rights of homeowners.

    Schneider even got a law passed so we can fly the American flag on Veteran's Day or the Fourth of July. Even though I'm a veteran my HOA wouldn't let me fly a flag until Schneider passed a law mandating it.

    HOA boards still have plenty of power but they just need to follow the law and allow all members to have full say in the HOA.

    Schneider tried to have banks maintain foreclosed houses in HOA's. Most HOA's are hurting for money because so many people are behind in dues and can't afford to spend the money to maintain vacant houses. My Senator, Bob Beers, blocked the proposal and protected banks so they don't have to spend the money to maintain vacant houses. Schneider was for the people, who live in HOA's, Beers for the greedy banks.

    Senator Schneider keep up the good fight for all of us homeowners.


    Report abuse

    ths wrote on August 05, 2008 08:07 AM: Shneider is actually to blame that HOA's are unable to go and fix the properties. The most an HOA can do is fine a property and in severe 'Health and Safety' cases enter upon the property to correct. But dead grass does not count.

    Shneider for years have reduced the powers of an HOA leaving these neighborhoods with little power except for fines that get ignored.

    Yes an HOA gets a cash influx when the home sells from these additional fines but they can't use the money to go fix the ignored properties. Most is it can go to capital projects within the common areas.


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    roger wrote on August 05, 2008 07:26 AM: With the list of items proposed I have to ask if there are any laws or rules in place at all right now? This sounds like a start from scratch proposal. This action needs to be driven by the fact that this unregulated environment is what caused peoperty values to go thru the roof in the first place, leaving thousands of homeowners with negative equity. But once again I have to ask, why wasn't anyone looking out for the consumer before it all blew up? How about forcing banks and mortgage companies to rebate back all the outrageous fees they charged at loan closing, to help the negative equity problem a little? Didn't any of the statistics seem strange?


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    MJ wrote on August 05, 2008 07:23 AM: Nothing will change, the legislators are just blustering for votes. They will eventually quiet down after the mortgage brokers pony up some campaign contributions. We have the best legislators money can buy.