Nevada Open Houses

NV REALTORS®

Nevada’s Governor announced a plan to commence all in-person showings and open houses of single family and multi-family residences currently occupied and on the market for sale, effective at 12:01 a.m. on October 1, subject to the following limitations:

  1. Showings and open houses of properties may not take place with the occupant present.
  2. Showings of properties are limited to one prospective buyer and one real estate professional for both the seller and prospective buyer at a time. For the purposes of this provision, “a prospective buyer” includes the buyer and the buyer’s spouse, domestic partner, business partner, or family members.
  3. Sellers conducting an open house are responsible for ensuring that there will not be more than one prospective buyer viewing a property at any given time. This may require having an individual present to properly meter prospective buyers entering an open house.
  4. Sellers are encouraged to utilize appointments for in-person showings and open houses to the greatest extent practicable.
  5. Real estate professionals are encouraged to utilize three-dimensional interactive property scans, virtual tours, and virtual staging to the greatest extent possible.
  6. Real estate professionals are encouraged to avoid in-person transactions and services to the greatest extent practicable.
  7. Real estate professionals must require all participants at in-person showings and open houses to wear face coverings at all times pursuant to Directive 024 and must follow CDC guidelines for in-person showings and open houses.
    Some additional guidelines recommended by the CDC and Nevada REALTORS® are as follows:
    • All visitors maintain 6ft;
    • Real estate professionals have available gloves and hand sanitizer for use and remind clients to not touch surfaces when viewing property as well as wipe down surfaces as frequently as possible.

Chichester Estates Update

Chichester Estates Update

Chichester Estates has had 33 homes sold within its community this year. Last year through the same time period (1/1 – 9/26) we had 30 sales. Homeowners will be happy to know the median sales price also increased from $374,500 to $387,000 this year. If you’re looking to sell, the average days on market is 48 as compared to 63 last year. Chichester Estates has a homeowners association with annual dues of only $60. This money goes to pay their management company which oversees their CC & R’s.

For more information on this community or others within the Carson Valley contact Robert Stiles, REALTOR®, Broker NV.B1001136 at 775-309-8454. Visit our website at https://www.carsonvalleycommunities.com/.

NV Governor Reverses Course

In a disappointing move this evening, Governor Sisolak extended the eviction moratorium. (See the Original Directive #25 here)

This extension would continue the prohibition on evictions based on non-payment of rent. Other types of evictions such as those due to damage, crime or danger to a tenant or other occupant, were lifted August 1, and are not affected by this recent extension. Nevada REALTORS® recognizes the hardship that this places on landlords. 

The extremely short time notice given thrusts landlords planning a valid eviction for non-payment into a skidding halt. Further, while tenants have had access to financial relief from many sources, landlords have gone over 5 months in some cases without seeing rent from the very tenants who are receiving the government relief.
 
Open houses and in-person showings of tenant-occupied properties are still prohibited.
 

Guidance for Landlords under Directive 025 – FAQs

Seal of NV

On June 25, 2020, Nevada Governor Steve Sisolak entered a Declaration of Emergency Directive 025, which lifts the statewide moratorium on evictions and foreclosures during the State of Emergency in phases. This guidance for landlords is intended to help explain Directive 025 unless otherwise prohibited by federal law.


1. Is the Lease Addendum and Promissory Note voluntary?
A: Entering into the Lease Addendum and Promissory Note for residential Rental Arrearages is voluntary but strongly encouraged because it can establish a payment plan for unpaid rent.

  1. I entered into the Lease Addendum and Promissory Note with my tenant. The tenant did not pay one of the scheduled payments as required by the Lease Addendum. What happens next?
    A: You have the option of initiating an eviction action under Nevada Law, pursuing a monetary judgment for the balance of the remaining amount due in accordance with the agreement, or both.
  2. I filed an eviction action against my tenant before Directive 008 went into effect. What happens to that case?
    A: It depends on whether or not you filed an answer, and we recommend you consult with an attorney for legal advice regarding your rights under Directive 025. However, we strongly encourage you to enter into the Lease Addendum and Promissory Note.
  3. What are the eligibility requirements to enter into the Lease Addendum and Promissory Note for Rental Arrearages with my tenant Due to COVID-19?
    A: It is voluntary and all tenants and landlords are eligible. You and your tenant are strongly encouraged to negotiate and enter into a Lease Addendum and Promissory Note.
  4. When can I evict my tenant if he/she is still in the rental property and his/her lease has expired?
    A: You can summarily evict your tenant if he/she is still in the rental property and his/her lease has expired starting August 1, 2020. You cannot use this eviction as a pretext to evict your tenant for nonpayment of rent that became due since Directive 008 went into effect, which can be done starting September 1, 2020.
  5. When can I evict my tenant if he/she is a tenant at will?
    A: You can summarily evict your tenant if he/she is tenant at will starting August 1, 2020. You cannot try to use this eviction as a pretext to evict your tenant for nonpayment of rent that became due since Directive 008 went into effect, which can be done starting September 1, 2020.
  6. When can I evict my tenant if he/she is committing what is known as a “nuisance”?
    A: You can summarily evict your tenant if he/she is committing a “nuisance” under Nevada law starting August 1, 2020. If you are a landlord or tenant experiencing any difficulty with this Directive, please file a complaint with the Nevada Attorney General’s Office at ag.nv.gov
  7. When can I foreclose on a residential mortgage?
    A: You can begin foreclosure proceedings on September 1, 2020.
  8. When can I evict for nonpayment of rent?
    A: You can summarily evict your tenant for non-payment of rent beginning September 1, 2020. We strongly encourage you to enter into a Lease Addendum and Promissory Note well before then.
  9. Do I have to allocate the money my tenant gave me to current rent or past due rent first?
    A: No. However, we strongly encourage you to enter into a Lease Addendum and Promissory Note and allocate rent according to the terms of the agreement.
  10. What if my tenant is up to date on rental payments, but fails to make a payment that he/she
    agreed to under the Lease Addendum and Promissory Note?
    A: If your tenant fails to make a payment according to the terms in the Lease Addendum and Promissory Note, you can still proceed with the remedies listed in the Lease Addendum and Promissory Note.
  11. When can I begin charging late fees or imposing other penalties for nonpayment of rent?
    A: Starting September 1, 2020, you can begin charging late fees or imposing other penalties for any nonpayment under the terms of the lease or rental agreement. However, you are prohibited from charging late fees or imposing other penalties for nonpayment of rent during the time 008 was in effect (from March 30, 2020 through August 31, 2020).
  12. I began a summary eviction action against my tenant prior to March 30, 2020, and the tenant filed an answer. What happens now?
    A: Starting August 1, 2020, the court may continue adjudicating your case if the summary eviction action was because of one of the following reasons:
     Your tenant is still in the rental property and his/her lease expired (NRS 40.250);
     Your tenant is a tenant at will (NRS 40.251(1)(a)(3));
     You alleged your tenant assigned or sublet your property in violation of the lease agreement, or committed waste, unlawful business practices, nuisance, or violated controlled substance laws (NRS 40.2514); and
     You alleged your tenant violated the lease agreement (NRS 40.2516).
  13. I brought an unlawful detainer action, or “formal eviction,” against my tenant prior to March 30, 2020. What happens now?
    A: Even if your tenant did not file an answer, starting July 1, 2020, the court can continue adjudicating your unlawful detainer action only if the reason for eviction was because the property was sold or foreclosed (NRS 40.255(1)-(4)).
  14. When will the moratorium end for those staying at hotels, inns, motels, motor courts,
    boardinghouses or lodging houses?
    A: For those staying in transient lodging (hotels, inns, motels, motor courts, boarding houses or lodging houses), eviction or other appropriate removal proceedings may begin on June 25, 2020.
  15. When will Directive 025 and Directive 008 completely terminate?
    A: Directive 025 and Directive 008 will terminate in its entirety on August 31, 2020 at 11:59pm.
    If you are a landlord or tenant experiencing any difficulty with this Directive, please file a
    complaint with the Nevada Attorney General’s Office at ag.nv.gov

Seven Changes of the Paycheck Protection Program Flexibility Act of 2020

On June 3, the U.S. Senate passed the PPP Flexibility Act of 2020, which places a more rigorous requirement to spend a minimum of 60 percent of the loan proceeds on payroll costs in order to qualify for loan forgiveness. Previously, this requirement was 75 percent of the forgiveness amount. The bill does not alter many other rules of forgiveness, including the FTE reduction or salary/wage reduction calculations, affiliation rules, certification of economic uncertainty, and the necessity of loan request.

Here are the seven most notable changes to the PPP:

  1. The maturity of loans is extended to a minimum of five years. This provision applies only to loans entered into on or after the date that the bill is enacted.
  2. As mentioned above, borrowers are required to spend at least 60 percent of the loan proceeds on payroll costs in order to be eligible for loan forgiveness.
  3. The Covered Period extends to the earlier of (i) 24 weeks from the date of disbursement of PPP loan funds to the borrower, or (ii) December 31, 2020. Existing borrowers with loan origination dates prior to enactment of this Act can elect to keep their Covered Period at eight weeks from the date of loan fund disbursement.
  4. The time period employers have to rehire former employees (or hire new ones in their place) and restore salary levels is extended to December 31, 2020 from June 30, 2020.
  5. For the purposes of determining loan forgiveness, consideration of the employment level of a company is prohibited as long as the borrower, in good faith, can document that the company was unable to: 
    1. Rehire individuals that were employees of the eligible recipient on February 15, 2020; AND
    2. Hire someone of similar qualifications as a former employee by December 31, 2020; OR
    3. Return to the same level of activity the business was operating at before February 15, 2020, due to their compliance with guidelines or requirements related to the pandemic issued by the CDC, the Department of Health and Human Services, or the Occupational Safety and Health Administration (OSHA).
  6. Payments of interest and principal are deferred until the SBA remits—to the lender—the amount of forgiveness granted to the borrower, provided the borrower applies for PPP loan forgiveness within 10 months of the end of the covered period.
  7. Companies receiving PPP loan forgiveness will no longer be ineligible for the delay of payment of employer payroll taxes.

Can I Buy or Sell a House During the Coronavirus Pandemic?

Real Estate and the CoronaVirus

As spring homebuying season approached this year, Mike and Tammy York of Lompoc, California, listed their house for sale and started looking for a home to buy in Bakersfield, California, where they want to retire.

But then the coronavirus outbreak called everything into question. When the governor of California issued a statewide stay-at-home order March 19, the York’s wondered if they were stuck.

“We thought, ‘Now what are we going to do?'” Mike York says.

Welcome to today’s real estate market, where many ask if it’s still possible to buy or sell. As the York’s have found, the answer is yes, though the process includes some new challenges.

“There are people out there buying and selling real estate,” says Jeanne Radsick, president of the California Association of Realtors and a real estate agent with Century 21 Jordan-Link & Co. in Bakersfield. “But it’s not just business-as-usual.”

Government social distancing regulations vary by state, county and city. Some states never instituted stay-at-home orders. Others plan to reopen soon, and still others have not set a date to end strict shelter-in-place requirements. Rules about whether real estate is an essential service during a stay-at-home order also vary.

If, like the York’s, you want to sell or buy a home despite the pandemic, here are some of the things you may encounter.

About the author: Barbara Marquand writes about homeownership and mortgages, and is NerdWallet’s authority on insurance.

Guidance for NV Landlords

office-of-nevada-state-attorney-general-logo

Last month, Nevada Governor Steve Sisolak entered a Declaration of Emergency Directive 008, which established a statewide moratorium on evictions and foreclosures during the State of Emergency. The Directive applies to all acts related to evictions and foreclosures, including those pending in the courts. The Attorney General’s Office has published additional Guidance for Landlords below to be followed at this time.


 For purposes of the Directive, a Tenant is anyone that manifests an intent to stay regardless of the type of housing and includes transient lodging in a motel/hotel.
 Landlords may not issue any lockouts, notices to vacate, notices to pay or quit, evictions, or other proceedings against Tenants, absent the exceptions outlined in the Directive, even if the Tenant does not make payments under a payment plan for agreements made after the Directive was entered.
 Tenants and landlords are encouraged to negotiate payment plans within 30 days after the termination of the Directive in order to cure any missed payments. Landlords may discuss options with their tenants, and tenants may voluntarily make partial payments toward their rent obligations, but repayment agreements are not enforceable until after the termination of the Directive. The terms of any payment plan cannot violate the Directive or contain any language contrary to the Directive.
 Landlords may not use coercion, duress, or intimidation with Tenants. This includes, but is not limited to, threatening to evict a tenant the day the moratorium is lifted, or coerce or induce a tenant to pay rent by using economic impact payment checks or any other source of income.
 Landlords that do not adhere to the prohibitions and mandates of the sections 1-3 of the Directive are deemed to be using coercion, duress, or intimidation in transactions with a tenant.
 The Directive does not relieve any party of their contractual obligations to pay rent or comply with any other obligations imposed on parties by a lease, rental agreement, or mortgage. Landlords must still perform maintenance/repairs, and full rent is still owed in accordance with the lease.
 For lease renewals, the Directive recognizes individuals may need to remain in isolation or quarantine at their homes or otherwise remain indoors to reduce the spread of COVID-19, and specifies stability in housing as essential for all Nevadans to maintain appropriate social distance. Attempts by landlords to increase rents or add new fees as part of lease renewals can cause tenants additional duress.
 The moratorium “does not prohibit the eviction of persons who seriously endanger the public or other residents, engage in criminal activity, or cause significant damage to the property.”
 For landlords with a federally backed loan, or for property that is public housing, receives assistance from HUD, USDA rural housing, or USDA rural housing programs, or Low Income Housing Tax Credits, or participates in another federal program, under the CARES Act, landlords cannot initiate eviction for nonpayment of rent between March 27 and July 24, 2020 (120 days), or until the Nevada State of Emergency lasts, whichever is later. Landlords may not issue a notice to vacate until after July 24, 2020, and then must provide 30 days to vacate the unit unless state law prohibits evictions.

If you are a landlord or tenant experiencing any difficulty with this Directive, please file a complaint with our office at ag.nv.gov.

2020-04-08 COVID-19 Declaration of Emergency

NV Executive Department

Open house showings, and in-person showings of single family and multi-family residences currently occupied by renters of real estate on the market for sale, are hereby prohibited for the duration that this Directive is in effect. This provision does not prohibit the use of existing three dimensional interactive property scans; virtual tours, and virtual staging to showcase a property, and it allows, but does not require, the tenant to agree to provide photos, videos or other virtual access to the property owner for this use. Real estate professionals engaged in real estate sales during the state of emergency shall adopt precautionary measures and COVID-19 risk mitigation practices to minimize the risk of spread of the disease and are encouraged to avoid in-person transactions and services to the extent practicable. This provision shall not be construed to limit the sales of real estate during the state of emergency.

This Directive shall remain in effect until April 30, 2020, unless renewed by a subsequent Directive promulgated pursuant to the March 12, 2020 Declaration of Emergency to facilitate the State’s response to the COVID-19 pandemic.

March 2020 Carson Valley Real Estate Update

Carson Valley Update

We had 64 residential sales in the Carson Valley during March.  A 33% increase from the 48 sales in March of 2019.  The median sales price also increased from $440,000 to $490,000 as well as the average days on market from 105 to 120 days.  Most of this year’s March sales occurred in the Minden/Gardnerville downtown areas (16).  Johnson Lane had 12 sales, the Ranchos eight and Genoa had six.  For those curious if any properties were withdrawn from the market there were 13 withdrawn this year as compared to only 7 last March. Agents are finding other ways to show your property at this time.  I have been using video for my listings as well as for buyers not wanting to venture inside our current listings.  I am also wearing gloves at this time and have noticed owners placing sanitizer near their front doors for everyone’s use.  Be safe everyone.  Learn more by visiting CarsonValleyCommunities.com for more information.  Call 775-309-8454 to schedule an appointment. 

Relief for Taxpayers Affected by Ongoing Coronavirus Disease

presidential seal

I. PURPOSE

On March 13, 2020, the President of the United States issued an emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act in response to the ongoing Coronavirus Disease 2019 (COVID-19) pandemic (Emergency Declaration). The Emergency Declaration instructed the Secretary of the Treasury “to provide relief from tax deadlines to Americans who have been adversely affected by the COVID-19 emergency, as appropriate, pursuant to 26 U.S.C. 7508A(a).” Pursuant to the Emergency Declaration, this notice provides relief under section 7508A(a) of the Internal Revenue Code for the persons described in section III of this notice that the Secretary of the Treasury has determined to be affected by the COVID19 emergency.

II. BACKGROUND

Section 7508A provides the Secretary of the Treasury or his delegate (Secretary) with authority to postpone the time for performing certain acts under the internal revenue laws for a taxpayer determined by the Secretary to be affected by a Federally declared disaster as defined in section 165(i)(5)(A). Pursuant to section 7508A(a), a period of up to one year may be disregarded in determining whether the performance of certain acts is timely under the internal revenue laws.

III. GRANT OF RELIEF

The Secretary has determined that any person with a Federal income tax payment due April 15, 2020, is affected by the COVID-19 emergency for purposes of the relief described in this section III (Affected Taxpayer). For an Affected Taxpayer, the due date for making Federal income tax payments due April 15, 2020, in an aggregate amount up to the Applicable Postponed Payment Amount, is postponed to July 15, 2020. The Applicable Postponed Payment Amount is up to $10,000,000 for each consolidated group (as defined in §1.1502-1) or for each C corporation that does not join in filing a consolidated return. For all other Affected Taxpayers, the Applicable Postponed Payment Amount is up to $1,000,000 regardless of filing status. For example, the Applicable Postponed Payment Amount is the same for a single individual and for married individuals filing a joint return. In both instances the Applicable Postponed Payment Amount is up to $1,000,000.

The relief provided in this section III is available solely with respect to Federal income tax payments (including payments of tax on self-employment income) due on April 15, 2020, in respect of an Affected Taxpayer’s 2019 taxable year, and Federal estimated income tax payments (including payments of tax on self-employment income) due on April 15, 2020, for an Affected Taxpayer’s 2020 taxable year. The Applicable Postponed Payment Amounts described in this section III include, in the aggregate, all payments described in the preceding sentence due on April 15, 2020 for such Affected Taxpayers.

No extension is provided in this notice for the payment or deposit of any other type of Federal tax, or for the filing of any tax return or information return.

As a result of the postponement of the due date for making Federal income tax payments up to the Applicable Postponed Payment Amount from April 15, 2020, to July 15, 2020, the period beginning on April 15, 2020, and ending on July 15, 2020, will be disregarded in the calculation of any interest, penalty, or addition to tax for failure to pay the Federal income taxes postponed by this notice. Interest, penalties, and additions to tax with respect to such postponed Federal income tax payments will begin to accrue on July 16, 2020. In addition, interest, penalties and additions to tax will accrue, without any suspension or deferral, on the amount of any Federal income tax payments in excess of the Applicable Postponed Payment Amount due but not paid by an Affected Taxpayer on April 15, 2020.

Affected Taxpayers subject to penalties or additions to tax despite the relief granted by this section III may seek reasonable cause relief under section 6651 for a failure to pay tax or seek a waiver to a penalty under section 6654 for a failure by an individual or certain trusts and estates to pay estimated income tax, as applicable. Similar relief with respect to estimated tax payments is not available for corporate taxpayers or tax-exempt organizations under section 6655.

IV. DRAFTING INFORMATION

The principal author of this notice is Jennifer Auchterlonie of the Office of Associate Chief Counsel, Procedure and Administration. For further information regarding this notice, you may call (202) 317-3400 (not a toll-free call).