Availability of judicial review; requirements for retention of premises pending judicial review.

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1. The decision of a housing authority to terminate a person’s housing assistance is a final decision for the purposes of judicial review. A person aggrieved by such a final decision of the housing authority is entitled to judicial review of the decision in the manner provided in NRS 233B.130 to 233B.150, inclusive, for the review of decisions of administrative agencies in contested cases.

2. If a person who seeks judicial review of a final decision of a housing authority pursuant to subsection 1 retains possession of the premises during the pendency of the action, the person shall pay the rent and comply with all other provisions set forth in the underlying contract for possession of the premises. If the person fails to pay such rent or comply with the other provisions of the contract, the landlord may initiate proceedings for eviction. If the person is evicted, the housing authority is not required to issue a new voucher for housing assistance to the person unless and until the person prevails in the action for judicial review.

3. As used in this section:

(a) "Housing assistance" means any financial assistance that a person receives under the Housing Choice Voucher Program pursuant to section 8 of the United States Housing Act of 1937, 42 U.S.C. § 1437f, and any regulations adopted pursuant thereto, or pursuant to any successor program.

(b) "Housing authority" means a housing authority created pursuant to this chapter and includes, without limitation, the Nevada Rural Housing Authority.

(c) "Landlord" has the meaning ascribed to it in NRS 315.021.

(d) "Premises" has the meaning ascribed to it in NRS 315.021.

(Added to NRS by 2005, 944)


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