1. Except as otherwise provided in subsection 3, the landlord may not, in retaliation, terminate a tenancy, refuse to renew a tenancy, increase rent or decrease essential items or services required by the rental agreement or this chapter, or bring or threaten to bring an action for possession if:
(a) The tenant has complained in good faith of a violation of a building, housing or health code applicable to the premises and affecting health or safety to a governmental agency charged with the responsibility for the enforcement of that code;
(b) The tenant has complained in good faith to the landlord or a law enforcement agency of a violation of this chapter or of a specific statute that imposes a criminal penalty;
(c) The tenant has organized or become a member of a tenant’s union or similar organization;
(d) A citation has been issued resulting from a complaint described in paragraph (a);
(e) The tenant has instituted or defended against a judicial or administrative proceeding or arbitration in which the tenant raised an issue of compliance with the requirements of this chapter respecting the habitability of dwelling units;
(f) The tenant has failed or refused to give written consent to a regulation adopted by the landlord, after the tenant enters into the rental agreement, which requires the landlord to wait until the appropriate time has elapsed before it is enforceable against the tenant;
(g) The tenant has complained in good faith to the landlord, a government agency, an attorney, a fair housing agency or any other appropriate body of a violation of NRS 118.010 to 118.120, inclusive, or the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq., or has otherwise exercised rights which are guaranteed or protected under those laws;
(h) The tenant or, if applicable, a cotenant or household member, is a victim of domestic violence, harassment, sexual assault or stalking or terminates a rental agreement pursuant to NRS 118A.345; or
(i) Except as otherwise provided in NRS 118A.315, the tenant is a federal worker, tribal worker, state worker or household member of such a worker and the tenant pays rent during the time specified in subsection 2 of NRS 118A.310. As used in this paragraph, "household member" has the meaning ascribed to it in NRS 40.0025.
2. If the landlord violates any provision of subsection 1, the tenant is entitled to the remedies provided in NRS 118A.390 and has a defense in any retaliatory action by the landlord for possession.
3. A landlord who acts under the circumstances described in subsection 1 does not violate that subsection if:
(a) The violation of the applicable building, housing or health code of which the tenant complained was caused primarily by the lack of reasonable care by the tenant, a member of his or her household or other person on the premises with his or her consent;
(b) The tenancy is terminated with cause;
(c) A citation has been issued and compliance with the applicable building, housing or health code requires alteration, remodeling or demolition and cannot be accomplished unless the tenant’s dwelling unit is vacant; or
(d) The increase in rent applies in a uniform manner to all tenants.
The maintenance of an action under this subsection does not prevent the tenant from seeking damages or injunctive relief for the landlord’s failure to comply with the rental agreement or maintain the dwelling unit in a habitable condition as required by this chapter.
4. As used in this section:
(a) "Cotenant" has the meaning ascribed to it in NRS 118A.345.
(b) "Domestic violence" has the meaning ascribed to it in NRS 118A.345.
(c) "Harassment" means a violation of NRS 200.571.
(d) "Household member" has the meaning ascribed to it in NRS 118A.345.
(e) "Sexual assault" means a violation of NRS 200.366.
(f) "Stalking" means a violation of NRS 200.575.
(Added to NRS by 1977, 1343; A 1985, 1417; 1999, 1230; 2011, 240, 869; 2013, 1416; 2017, 479; 2019, 3189)