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hello and welcome back to nls or nevada legal services now i am ray gurdkin uh the directing attorney of the reno office hello i'm david olshan and today we are going to be addressing the um sort of end of the nevada eviction moratorium um but also obviously talking about the cdc moratorium um as well as talking about nevada's new eviction mediation program that is going to be statewide so um why don't we go ahead and kick it off as always please feel free to put any questions in the chat in the comments to the live stream and we will answer them as we go along um but go ahead david um as i'll just set this up as you know we know um at this point in time the last governor's directive extended the nevada eviction moratorium for non-payment of rent only um until october 15th to give the state time to sort of work out the mediation program and also get the rental assistance situation sort of straightened out um in the interim the cdc came out with and a nationwide eviction moratorium david do you want to talk about what that cdc moratorium looks like sure it basically prevents a landlord from evicting you for non-payment or no cause until the end of the year based on the public health crisis um and what you need to do to take advantage of the moratorium is execute a declaration and provide it to your landlord before you're evicted obviously again it protects against no cause and non-payment evictions you have several um [Music] requirements one is that you require try to obtain government assistance rental assistance that's pretty easy because most of the assistance especially in clark county is gone uh the other thing is that you have a lower income for a single person that's 99 000 a year or less for married people it's 198 000 most people know what their income is going to be for 2020 if there is uncertainty you can still be eligible if you've received an economic impact statement the stimulus payment um you have not been able to pay rent obviously you're doing this because you haven't been able to pay rent because of a loss of income or medical expenses it's basically for most situations you're going to be not not able to pay rent because of a medical condition the economy being as bad as it is or medical expenses you also have to make an effort to try to make timely payments as your budget allows and finally you need to attest that if you are evicted you would become homeless or forced to live in close quarters or shared living so generally speaking for most people who are trying to pay the rent and have suffered as a result of the coveted crisis economically or medically the declaration would be available to you and you need to execute that sign it check off the boxes we have a form on our website so you should go ahead and do that because it's going to be at this point the best thing that you can do to try to avoid eviction based on no cause or not payment so we do have a question um does the declaration need to be notarized uh no yep oh it does okay no no no no sorry i was saying yes no it does not oh okay no yeah but we've we've in nevada you can do a declaration which is the equivalent of notarization and we've included that language in the declaration so um it is sufficient and uh you you don't necessarily have to get it notarized and so um some of the common questions that we've been getting from people asking us for assistance um there are two of the qualifications that are somewhat problematic for individuals one is that the third requirement is that you have to declare under penalty of perjury that you have not been able to pay rent some people have been paying rent and sacrificing other bills in order to obviously meet their rental obligations because they don't want to get evicted but in you know this does apply to no cause notices not just non-payment of rent notices so you know what what are we telling people who um had been trying to stay current with their rent and the applicability of this to them well i think if you work this out logically if they've been paying rent they don't need the moratorium they don't need the declaration because they've been paying rent so probably this is going to occur let's say in the month of october when they've paid september's rent but they can't make october's rent or they're not going to be able to make november's rent i think because of the close proximity you can still use the declaration and it should work because you're protected from non-payment eviction and you can't pay the rent because you don't have enough money and the other one is um you know if they're current in the rent or had been trying to maintain you know being current um the best efforts to you know receive government assistance and i'd say it would be along the same lines if you're gonna have a rent shortfall for the following month then apply for rental assistance for that month um should be enough to meet the restrictions of the declaration uh that language best efforts um is in there i think you have to make some effort for a reasonable expectation of government assistance and it would be covered here in nevada there's one website that can link you up in reno or las vegas clark county or rural nevada for government assistance and if you submit an application then that should be good enough so you know best efforts it's not like going around uh physically going around seeing if rent is available through help of southern nevada or wherever i think you just have to use a reasonable effort to obtain government rental assistance and of course as you mentioned the clark county assistance being gone i do believe there's still money up north but you know it's a finite amount among money so at some point there will be no more rental assistance right i mean it's there's limited funds and uh once they run out they run out all right um we talked about this applying to non-payment of rent and no uh cause evictions but what are the exceptions to the mortar well basically you can sum it up in uh two different reasons for eviction nuisance and lease violation if the lease violation is not based on the failure to pay rent the landlord can proceed and if you're threatening the health or safety of other residents you're you're engaging in criminal activity you're damaging property the landlord can also evict you so basically some of the similar exceptions we'd seen to the state moratorium where if there's cause or you know um other things going on then this is not going to help right right i mean a wild party i mean we talked about during the pandemic it's not you're not going to see it that often but you do see it so that would be you know threatening the health and safety of other residents if you're damaging the property whether there's this moratorium or not the landlord can still evict you and i i don't know these seem to be common sense but sometimes you know there are some difficult issues um we do have a question uh how soon will funds run out frontal assistance i apologize i do not know the answer to that question i am i'm just not sure right now where the exact status um i the last information i had was based on a news article uh that rental assistance was still available in the north um but you know it really is uh hopefully we will be able to make an announcement if it does run out um uh and i will update uh try to update our website when that happens but i just i do not know the answer to that question at the moment and you know these are desperate times so um you're going to do what you can if you can use the declaration the cdc moratorium you should take advantage of that if you can use mediation we will talk about it you should use that there may be help from washington um there i don't know i don't think there's going to be help on the state or local level but you know you want to you know avoid eviction as long as you can because you never know the cdc moratorium was out of the blue nobody expected it and look how helpful it could be all right so let's get into the mediation program the rules were just um published was that yesterday or the day before i think it was tuesday the 6th yeah um and uh right now we are um only talking about non-payment of renovations although the courts can expand it uh if they want to but go ahead david uh you want to explain the um all right program right one thing we want to make clear and that is we're talking about when you don't qualify for the cdc moratorium because i think overall uh even though it's being challenged in the northern district of georgia it's going to be valid until the end of the year most likely so the cdc moratorium is much more helpful than mediation but we will talk about mediation right now you're correct ray it's only with regard to a seven day pay rent or quit um you're going to have seven okay did you you switch the slide sorry but anyway i can go you're you're gonna have oh see you're giving away our surprise ending anyway you got seven days to request mediation this excludes weekends and holidays um you're if you're going to request mediation you have to file an affidavit and its mediation process is at no cost to you there is a cost to file that affidavit but you can get a fee waiver if you do request mediation we're talking about 30 extra days so if you need more time you're going to request mediation and file that affidavit and of course if you do request mediation there's no eviction until you have the mediation now the courts all the courts in the state of nevada have to change their forms they have to change their website so it's very likely that you're going to get more than 30 days because the courts are not going to be prepared to make all these changes in a short period of time it begins october 15th because the moratorium ends on the 14th so good luck with that sometimes justice courts work on a sort of glacial pace so um i doubt a lot of this is going to be in place by october 15th and just so everybody's aware the city of sparks actually already has a mediation program in place um they did utilize some of the cares money to try to get a mediation program up and running now um so if you are if you do live in the city of sparks and want to take advantage of that that is um separate from this at the moment um and you can um look for this city sparks mediation program all right uh you want to talk about um you know when this does get in into place what would be required to request mediation so this is um this requires again the court to change the forms and to get this information out and also up update their websites if they have it but we also have a forum in rey is that available on our website it is not actually available on our website yet um i we will try to get that posted directly after this um uh presentation it is we just need to i just need to finalize it i think you said you wanted to talk about it but uh we will have it uh in place today uh right but i mean as long as it's up by the 15th yes yeah it will be it should be finalized fairly quickly oh god um you just apparently advance again it's doing it on its own i apologize okay well the point is you need to include things in this this affidavit to request mediation uh whether you want to do it by phone uh in person of course if the court's not open that's not going to be possible or video you have to name yourself and anyone who's going to be participating in the mediation along with contact information if they can't contact you that's going to be a problem so provide reliable contact information you also have to in your affidavit tell the court whether you've applied for rental assistance or executed a payment plan and of course your seven-day notice has to contain this information but like i said before it's probably not going to be there so if you want a form we're going to have it available on our website that includes all this information okay so if you request mediation then the court takes over they send out notice when the landlord files a complaint if the landlord doesn't follow up by filing a complaint or going along with the mediation then you can't be evicted so that's another reason the landlord has to go through through this and if a landlord doesn't then you're not going to be evicted for non-payment of rent and of course the mediation has to be within 30 days but because this is a new program and they're probably not ready it may take a little bit longer okay sorry i believe i hopefully fixed my microphone issue so hopefully people can hear me now um i do apologize for that um in terms of we do i just want to go back we have a question regarding um the moratorium not helping people who have tried to stay current on their rent as we said you know if you're facing a non-payment issue say next month or in october you've been trying to maintain your rent but do have a financial hardship based on the chronovirus and you can't remain current on your rent um then yes we do believe that the cdc moratorium should protect you um you know if it's within a reasonable time where you're just saying you know i've been you know harmed and therefore can't pay rent moving forward um if though you cannot certify all of those requirements on the cdc declaration then no it does not protect you um so just do keep that in mind if you've been staying current on your rent if your landlord can issue you a 30-day notice and you can't use the cdc moratorium other than the new mediation program which we are encouraging people to request mediation it does give you time um you know probably about 30 days depending on how quickly courts are going to be scheduling these things um that is for non-payment of rent only at the moment though um so it is going to be difficult if you've been maintaining um payments on your rent there isn't really anything out there that's currently helpful and i think you know a clever landlord right now would issue if there's no cdc moratorium would issue a 30 day not a seven day and so that would get around mediation and you know if the factors of the requirements of the cdc declaration aren't met then the landlord would be able to proceed but you know also if you get a 30-day i think you can issue that cdc declaration and still qualify for the protection yes as long as you can certify you know truthfully all of the requirements right right um and as far as the uh mediation rules we will as i said uh hopefully by the end of today if not immediately after this presentation have a forum tenant's declaration for nonpayment of rent which has the mediation request in it um and already the cdc moratorium declaration is on our website as well um so we will have that information posted um hopefully today uh but that would be in effect after the um potential after the nevada moratorium on non-payment of rent evictions ends on the 15th okay so um now we're going to talk a little bit about how sort of to act within the moratorium mediation excuse me the mediation context um david i think you have some advice to people in terms of what what can happen in the in the mediation itself well i just think there's a disconnect between the people who made the rules and what actually happens there's a provision in the mediation rules to require rent assistance or people from the employment security division to attend the mediation to talk about when their unemployment is going to be issued or the rent assistance and of course the employment security division if they could tell you when the unemployment is going to be delivered to you sent to you through your electronic benefit card there wouldn't be all these lawsuits so um i don't i think if you're waiting for uh a payoff either through unemployment or rent assistance that's going to be very difficult to use in a mediation still if i mean if you got a letter if you've got notice that you're eligible you should produce that i think when you're doing mediation you want to make sure that both sides are reasonably satisfied so if you're going to intend to pay rent and the landlord says how are you going to do that you know rent assistance or unemployment could help that's you know i think there's two approaches when you go into mediation whether you just want more time or whether you're going to try to pay the landlord off keep in mind that all these uh elays these moratoriums mediation whatever it doesn't absolve you of the requirement to pay rent so you know even if you are evicted even if you move out you're still going to owe that money and you could get a judgment against you and right when you sort of get a job or whatever improve your life you could be socked with a judgment and somebody garnishing your wages so it's important to at least consider that you know the rent has to be paid at some point and just to make clear the cdc moratorium definitely does not affect any obligation you have under the lease which includes late fees um so you know late fees still cannot be charged for the initial period of directors 8 and 25 from that march through september for most landlord-tenant issues but as of um september 1st uh essentially late fees can be charged again there there has been no continuation of the probation on late fees and the cdc moratorium does not protect against that either i mean yeah and it's just um it's a it's a it's a monumental problem uh here in nevada and across the nation um i think you know mediators would understand that i think you also should you know think creatively when you go into the mediation i can't pay the rent but i can do some work in exchange for rent um you know it's if that's something you want to do you might want to suggest that i i just would think about all possible resources maybe there's a relative who might be able to give you some money to you know get by but you know whatever you haven't talked to them in a while i mean these are all i'm speaking from personal experience but um these are all ways that um all sort of possible solutions that you should think about when you go into mediation okay we do have a question about the language that's required to be on the notices i did just pull up the mediation rules themselves i don't know david if you want me to put those up on the screen or if you can talk to what required languages to be on the notices themselves you should probably put it up on the screen all right let me see if i can do that um let me find it oh sorry that was the wrong mediation wrong rules that was the well i mean here we go okay oh well you could just uh go back to the previous slide i think oh there you go okay yeah all right you went that's landlord okay okay so this is the this is the notice that is required to be on the landlord notice so the availability of a mediation program um what government sponsored rental programs are available and that tenants can file electronically if that is an option in their community then they have to notify tenants that um no i think that's basically it right right i mean it's it's in the notice there's information also on the court's website or in the notice itself the availability of mediation and rent assistance that um is also included in the justice court website it's supposed to be yes okay let me go back to the slideshow if i can figure out how to do that there we go okay um so it is important to remember tenants um requesting mediation that if you request mediation then don't show up the eviction is gonna go forward um so it is important that you provide one of the things you do have to provide obviously as david said is contact information um so make sure you're paying attention uh because because the mediator will contact you to schedule the mediation when you request it that probably will be by email so if you provide an email address you do need to check your email um but if you don't show up for mediation then uh you will get evicted so it is important to um to go and then obviously if the landlord doesn't show up then the eviction can't go forward right and then if you do work something out during the mediation um and don't comply the landlord can enforce the the agreement um you know i don't know i mean i i would think that most of these agreements are not going to be based on hope and aspiration they're going to be based on sort of real facts but yes if you if you fail to make a payment let's whatever the court can enforce it and uh there's no stays allowed so i mean i really wouldn't worry about the stay because it's it's been delayed 30 days anyway but you know those are some of the things that the landlord can do i guess the tenant can do it as well but um i don't i don't you know if the landlord's not going to accept your money then i don't really know why you were trying to enforce that all right but that's it sorry i think david i uh kept your initial recording in there accidentally so let's just try to see if we can get to the last nope i'll just go the last slide here how about that all right um if you are facing eviction please feel free to give us a call these are our toll-free numbers both north and south you can go ahead and reach us at either number the one on top just so you know is for southern nevada the second one is for northern nevada but please feel free if you have any lingering questions that you would like to ask us or any requests for future live streams please let us know but hopefully um we'll get like i said everything posted on our website which is www.nlslaw.net and if you are in the city of sparks just um i don't know if if my microphone was low uh city of sparks does already have a mediation program in place it is voluntary but you know before the the actual statewide mediation program gets enacted you can still utilize that process but um we'll stay on for a little bit longer if anybody has any questions i'm not seeing any additional questions in the comments you know hopefully if if we do get any information about the government assistance the rent programs i will also try to post that but right now sort of the status is maybe not available in the south but still should have some money available in the north all right i'll try to do something on the covet updates too if i see anything but thank you guys so much um for attending and uh thank you for hanging out with us for the last 30 minutes uh we will try to um if there are any additional updates or changes to the any of the moratoriums obviously we will do another one of these to make sure that people are aware and i'm sure david will uh update you guys in the covid um updates in the mornings um and i will try to keep the website as updated as i can and as i said there are um already some forms up there um but i will get those updated for the mediation request hopefully by today but certainly before the 15th but if that's it then thank you david thank you ray and uh thank you um for the rest of you and have a great rest of your day sorry oh we just got a question sorry is there a possibility of more funding that would be for the federal government to decide so no updates on that try to predict that oh that's tough i don't know why i can't anyway all right bye