Revises provisions relating to child care. (BDR 10-187)
Summary
AB 185 revises Nevada law to make it easier for small licensed child care facilities to operate in common-interest communities and rental housing. The bill generally prohibits a unit-owners’ association from barring a unit owner or tenant from operating a licensed child care facility in the portion of the unit they exclusively occupy, so long as the facility serves at least 5 but not more than 12 children. It also allows a tenant to run such a facility in a dwelling unit unless the rental agreement says otherwise.
The bill preserves significant local and private controls. Homeowners’ associations may still impose licensing-related conditions, limit the number of such facilities in a community, require advance notice of a licensure application, and require the facility to name the association as an additional insured on its insurance policy. The bill also makes clear that existing rules on nuisances, parking, signage, traffic, and use of common areas still apply. It excludes housing for older persons and communities with units that share an interior wall, such as many condominiums and townhouses.
Impact
AB 185 amends Chapter 116 of NRS governing common-interest communities and Chapter 118A of NRS governing landlord-tenant relations. It limits the ability of homeowners’ associations and their governing documents to prohibit small licensed child care operations, while creating a parallel right for tenants to operate such facilities unless the lease forbids it. The bill affects unit owners, tenants, HOAs, master associations, landlords, and licensed child care providers, and it is intended to expand child care availability without eliminating HOA oversight or licensing requirements.
Sentiment
The bill appears to have received generally favorable legislative support, passing the Assembly 32-10 and the Senate 16-4. The vote margins suggest broad agreement that the measure would help increase child care access and support working families, while still allowing associations and landlords to retain some control over community standards and insurance protections. No committee transcript was provided, so the available record shows support primarily through the final passage votes.
Contention
The main points of contention are likely the balance between child care access and private property or community governance rights. Opponents may be concerned that the bill overrides HOA covenants or creates operational burdens, traffic, parking, noise, or liability issues in residential communities. Supporters likely view the bill as a targeted way to expand small-scale child care options, especially in areas where commercial space is limited or expensive. The bill addresses these concerns by allowing associations to impose licensing-consistent conditions and by exempting older-person housing and attached-unit communities.