DECLARATION OF EMERGENCY DIRECTIVE 036 WHEREAS, on March 12, 2020, I, Steve Sisoak, Governor of the State of Nevada, itued 4 Decttion of ‘Emergency to fact the State's response to the COVID-19 pandemic; and WHIEREAS, on March 13,2020, Dona}. Trump, President ofthe United State, declared «nationwide emergency parsuant to Sec. 501(0 ofthe Rober: Staffond Disaster Reif und Emergency Aritance Act, 42 USC. 5121-5207 (he "Stafford Ace) and WHIBREAS, the Weck Health Crgaiztion advises thatthe ove coronavins that cases COVID-19 visas highly contigious and spreads through respsntory wansmision, and dizct and indnect contact with infected persons and sures; nd WHEREAS, tne WosldFeslth Organization advises that transmission occurs through both dtoplet and sisborne ‘eansmistion, where droplet transmission occuts when «persons in lose proximity to someone who infected with COVID-15; 40d WHEREAS, the Would Health Crgnieton advises tha contact transmission occurs by dtect contact with infected people or indice costae with ssfaces contaminated by che novel coroaavins; and WHEREAS, close proxmity to othe pewons is erent conaindcated by public heh and medical best practices to combat COVID-19; and WHEREAS, etors to tea, prevent, or reduce the spread of COVID-19 may make it medically necessary and reasonable ro equi indiduals semua in elation or quatantne a hex paces of residence; and WHEREAS, on March 14,202, fomed a COVID-19 Medical Advisory Team to peoride medical guidance and scientifically based secommendsions on mearures Nevada could implement to better contain and mitigate the spread SECOVIDAS; and WHEREAS, the Unived States Centers for Diseate Conttol and Prevention (*CDC) of the United States Depastment of Health and Human Services 7DHS”) has determined that “a the contest of« pandemic, evcion ‘momtoria—like qaritine isolaton, end social distncing--can bean effective public health tnesuteuized 101 the spread of commascable dseate.” Federal Register Document Number 2020-19654 ("CDC Eviction (Onder), 85 FR 552925277 at58294; and WHIEREAS, the CDC bas fortes stated that “[evition mocatoia acta se itoation by people who become il cor who ae at i for severe ilzese from COVID-19 de to an undedping mesial condition. They azo allow State ‘nd local authors to more easly implement tayat home and socl distancing directives to mitigate the community spread of COVID-19, Furthermore, housing subi helps protec bli heath because Homelessnes inceates the liknood of inividuals movingint close quarters in congregate stings, such as homeless shelters, which then puts indivdaals at higher sk to COVID-19-" CDC Eviction Onder at 85 PR 55294; and WEIEREAS, on Masch 18, 222, the United Sttes Department of Housing and Usbas Development ((HUD") in anefoetto provide immedinte re to enters and homneownes, temporal suspended al foecovuts and evictions forall FHLA-ineared Single-Famdy mortgages for a intial peciod of 60 days and WHEREAS, the ssapension of forecowures sn evictions for all FHA inauted Single Family mosigages wos Sather extended by HUD on May 14, 2120, June 17, 2020, aad August 27,2020, and WHEREAS, on Narch 25, 2020, the United Stes Congress passed an aid-package ("the CARES Act.” that is inteoded to provide substantial ‘economic assistance to business, indvideals, and fuliestroughout the nation, and a temporary suspension of ‘ction and foreclosure action o proceedings wil give Newadans and businesses facing Gancal hardship resuling fora the COVID-19 pandemic grace period to cba Giancia assistance made avaible through his extensive a package, a8 well as hers, while lowing them to mantsn esental sabi in housing and bosnesesublishmeats, snd WHEREAS, to svi ious bath, sey, welfare, and financial consequences thet may rel fom the eviction of Nevada fom thee places of esidence during this emergency, it has been reasonable and necessary to mxpead unlawful deine ations related o rsidental real popery in Nevads and WHEREAS, oa Match 29, 2020, 1 sued Diseeive 008, to casure the safety of Nevadens and businesses by temporal hang eviction proceedings except fr those stemming fom threats to pubic healt, pubic safes, ‘eimina activity, or sigaificant damage to property, and WEZEREAS, oa June 25,2020, |ioaed Directive 025, which amended Dizective 008 to provide a phate approach ‘0 lftng the probibiions eontiaed witia Dzective O08, with fll sumption of eviction proceedings commence 0 September 1, 2020; and WHEREAS, on Angst 31, 202, Issued Disective 03, which terminated Diteesives 008 and 025 and delayed al _esumption of erictions based wpon errice ofthe intadoa of « noapeyment of seat susaty eviction ation by Service of spay or quit notice palsoant to NRS 40253 until October 18, 2020 aad WHEREAS, on September 4, 202, the CDC aational onder staying exeestion of soapaymeat of seat eviction jdgment agsnut tense mecig certain eters for noapryment of re for elle tenants went nt effect (Peder Regiter Docament Number 202019654WHEREAS, on October 18,220, ll Nevada prohibitions aginst eviction proceedings expited while the CDC's Eviton Order remained in effec; WHEREAS, the State of Nevid and some ofits politcal subdivisions wilized CARES Act funding to create CCOVID-A9 real assistance progam; and WHEREAS, Scate Bll (“SB") of the 52nd Specil Session of the Nevada Legiture auhodzed the Supreme Const of Neva to develop ae implement an espedived program of altemative dspte reschuon for eviction proceeding and WHEREAS, on uly 31,2020, doing legltive testimony oa SI, testimony was offered tha, acconting tothe State ‘Teenure’s Office, the State could experience approximately 138,000 evictions. Similay, x Guinn Center Report dung the hensing projected tat approximately 142,000 households may be affected by evictions. Senate Journal of the ‘Thisyaecond Special Session, 2020 at p. 26, availble at a0 WHEREAS, parseant to SB, te Supreme Court of Nevads adopted rules ADKT 562, ADKT $64, ADKCT 566, ‘04 ADKT 567 reed o meno of sen mma ‘which became effective on October 15, 2020 WHEREAS, on Mase 29, 021 when Dizective 08 was ised, Neva’ 14 Dey COVID-19 Test Posty ate was 112%, there were 558 confimed or sapected COVID.19 cases hospitalized, and 142 cases in the ICU, statewide; aod WHEREAS, on June 25,2020 when Disectire 25 was eave, Neva’ 14 Day COVID-19 Test Poss rate wns 9.5% there were 471 contemed cr oepected COVID-19 eases hospitalized an 118 cases i the ICU, statewide; and WHEREAS, on September 4, 2000 when the CDC Briction Onder went ato effet, the United Sates of America saw 49686 ‘new caste, with a T-day moving avenge of 41895 cases (hips/ cove cde gar/eovidls- rand WHEREAS, on October 15, 20, when sl State of Neruda eviction moratoria exized, Nevada's 4-Day Test Positivity Rate had lento 8.8%, thet were 469 confirmed or suspected COVID-19 cases hospitalized, and 12 cet i the ICU, satowide nd THEIREAS 1 of Deen 1, 20, 21522 Arms nig 2,4 Nery are ed fom COVID.19 i gacmmtetias |, ps /cvidedgn/ encase ede nnd WHEREAS, as of December 10, 202, the State of Nevada is experiencing record high levels of COVID-19 infections, with a4 Day Tet Poiity Rate of 21.9%, 1,854 confirmed of respected COVID-19 eases hospitalized, ‘nd 396 casein the ICU, state; an WHEREAS a of Dect: 1,20, he Sate of Nevada he highest peop COVID 9 boptazatonWHIEREAS, the CDC Eviction Onder st to expize on December 31,2020; and WHEREAS, the HUD morstam on foreconurs aad evietioas forall PHA insured Single amily mortgages is ‘easrenly sea to expze on December 3, 2020; and WHEREAS, the public healt consideentons that precipitated CDC Order are more calamitous than on September 4, 2000 wea the Order wen ino effec, with 203229 new cates per day inthe United Stats of Ametica, anda 7- ‘Day moving aveeage of 204,766 eae (iin. /ansicad gay Lamia tacks /iends daibieniscses) ~lment five imes at many ees ~ of Deeezber 11, 2020; and WHEREAS, many Nevadans hove been tnd coniau to be diet or indirectly impacted by the economic impact ‘of the COVID-19 pandemic, and «ses, have been unable to stay extent on rental payment for their paces of residence; and WEIEREAS, feral programs ts ecorery frm the pandemic incladingfonding from the CARES Act designated bythe State of Nevada for renal sistance progam ate set to sever to the federal goverment on ot about December 31, 2020; snd WHEREAS, the Congres of te United Sates ba been negoisting aoa pandemic rel bile for sere smonth (hls anus soa id SLINGES26C} 08 WHEREAS tees ben» wisp cl for Congo inde eion monn net een ny endemic sla bal (ow, hi Lear amesiathat ng /nsa/sbanee ab -esxascees/200/09/abtease ‘Sneexsonsmontacmd sod WHEREAS, sx of December 12, 2020, Congress has filed o pass any atonal lepton affording elie 19 Amesicans i dscessjand WHEREAS, hece is» nes forimmedate action ia Nevada to avoid eviction harms and uncertainty forall actors within the rental market should Congress contaue to lo ac and WHEREAS, Neva rental asistaace peogrns for residential tenants have not ily disbused all availble funds and WHEREAS, on December 11, 1020, due COVID-19 Medial Advisory Team convened to consider the impact the resumption of evieons would hare oa Nevada's COVID-19 infection ate; ad WHEREAS, the COVID.19 Malia! Advisory Team noted the “Adminisuator for Housing Commission sated latest gues show NV range of households tsk of eviction is 74000-14700," andi the “CDC order ied would bean addsonal 25,700,300." lute of December 11,2020 COVID-i9 Medleal Advisory Team meesng, hereianfiersferenced as "MAT Minutes); and WHEREAS the COVID-19 Metical Adrcory Team expees sted that “{ousing is public hea sue, Homeless shelters aze packed, aotcondaci to hating or slowing virus ransmisson,” and “significant evidence shows spies ja housing eviction would only cansibute to additional rk and spread ofthe viru within the commusity ‘Minutes a 3}-andWHEREAS, tne COVID.A9 Medical Advisory Team experts aditonaly sated, “if te question is [whether] crctions lea to neat tastsson orn than [i] anewer ie cleat, they Ja (MAT Minutes at 3) and WEZEREAS, the COVID-19 Metical Advisory Team unantmouly recommended that Tissue “an executive order to ‘ent mottorum on evctonsto address the COVID-19 public health emergency nd redoce ncteased community teansmsion caused by displacement snd homelessness in Nevada. .” (Governor's COVID-19 Metical Advisory “Team Recotamendation Summary (December 11th, 202); nd WHEREAS, a of Decembes (2,202, the Los Alamos National Laboratory COVID-19 Six-Week Forecast for [Nevada predicts that if State of Nevada takes no adlional measures, by Jasin 1, 2021, Nevada wil experience approximately 293,000 COVID-19 cases and 3600 death (ip! cori 12 bsvgteiny.oce rand WHEREAS, a of December 13,202, 88% ofall licensed boepitl beds and 74% ofall aul Intensive Care Unit (CICU") beds inthe Sate of Nevada wete occupied: and WHEREAS, based onthe svee ofthe expe oa the COVID-19 Medical Advisory Team snd guidance from the Cents fe Disease Control the State of Nevada as aa urgent imperative to temporal it eviction to lower the COVID-19 infection te; and WHEREAS the Sate of Nevaéa hu compel public intecestin protecting the heath and safety of its residents ‘by edacing dhe COVID-19 infection rate to save ives and avoid exceeding the expacityof our hela ystems and WHEREAS, NRS 414.060 tines powers ad date delegated tothe Govemor sig the existence ofa state of «emergency, nclding without iniatoa, dueting and controling the condoct ofthe geetl public and the movement ‘snd cornton of movement of pdertsias snd vehicular afi ding, before and after exercises or an emergency of aster, public meedngs or guheings; and WHEREAS, NRS 414.070 outinesadditiosl powers delegated to the Governor during the existence ofa state of emergency, inclading without nian, enforcing all laws and regulations relating to emergency management and ming direct opersonal contol of ay or all forces, including, without ltaton, volantees and aur sat fr emetgency management ache Sate; providing fr and compeling the evacuation of al ox pat ofthe population fiom any stchen or threatened sea ot aes within the State ad to take sch steps a are necessary for tbe receipt fad cae of those persons; nd psfoming and exercising sch other functions, power snd duis as ate necessary 10 promote and reeae the sfey aa protection ofthe cian population; and WHEREAS, the Neruda Atostey Genetl opined in Opinion Number 57.336 that “[hezeeaa be no gestion but thatthe Legislatre intended to give tothe Govemer the broadest possible powers consistent with constitional, {goverment ina tine of dre emesgency" aad WHARIAS, Acti Section 1of the Nevada Consttton provides: "The supe execuve power of tis Sse, hal be vested in a Chit Magistnte who shal be Governor ofthe Sate of Nevada.” NOW THEREFORE, by te wthosity vested in mens Goverot by dhe Constitution and the laws ofthe State of ‘Nevada and the United Stts, sd pursuant the March 12,2020 Emergency Decstion, ITS HEREBY ORDERED TEAT:SECTION 1: For the purpose ofthis Ditetive, “Landed!” shall be defined at set fst ia NRS 118A.100 and [RS 1168.014. The tem ball addtionaly encompass propery manages, or oder agents acting on ‘half ofthe Landlord SECTION 2: For the purpose ofthis Directive, « “Covered Petsoa” is «tenant as defined by NRS 118.170 or [NRS 1180385, who: (1) unable du to dteametsneer rated tothe COVID.19 pandemic, o pay the fillet due vuln ne neti ne, ign lowe of compentable hours of work ot ‘wages ahy of of extordnary outof pocket medical expenses; (@)Islielyto become homeles of be forced to ove into congeegte or shared living sittin f evicted and ) Theindividua: 1 Exped to eam no more than $98,000 in anual income foe Calendar Yer 2020 (or 20 sore chan $198,000 if fling» oi tx return) 1, Was st teqited to seport ny income ia 2019 othe US. Invern Revenue Service; ot _Recsived an Beonomic impact Payment (snus check) pussvant Section 2201 of the CARES Act SECTION’: Except as otherwise prorided for inthis Ditetv, effecve 1201 am. on December 15, 220, through the dattion this Directive shall be ia effect the flowing sesidentl wall detsiner ot samanatyevievon actions ("Corer Evictions”) against Covered Persons are stayed (@) Actions ted on continued possesion ater the termination ofthe lease agreement pmiant othe contact texas ofthe lease agreement and fr which the tenant isin fal o reat (@) Actions passant to NRS 40.251, oder than NRS 40.251(1()(), NRS 40251(1)()2), NRS 40.254(1)9)(0),NRS 40.251((4, and NRS 40.250, dough sumaary eviction pursuant to [RS 40254 and for which the tenant isin dfalt on re; (@) Actions bited ypon nonpayment of ent purmsnt to NRS 40.2512, NRS 1188.200()), and [NRS 40.20 to NRS 40.420 iclsive; or (@ Action tough eammary evietion based upon nonpayment of rent parsoat to NRS 90253, SECTION 4: A tenant who sain the egiilty ete set forth in Secon 2 may sek the protections of this Disecive by proving the landlord wth an aide ors decltion swearing under penalty of perjury thatthe tenant meet each ofthe exes se forth ia Seton 2, (‘Covered Petson Dedhamton”). Tit provision may ali be sated by CDC declsations peviouly provided to a landlord. Except othetvite provided in Section 5 and Section 6, upon receipt of a Covered Herzon Dedlatatoa, no Iecout, tice © vacte, notice to pay o qi eviction o other proceeding rated to Covered Eviction ston may be initiated against the tenant. Actions related to Coveted Bricton tha are cutealy peng in cout shal be stayed uni after the expiration ofthis Dizecve if the tenant presents to the cous, ar the evidence shows thatthe tenant prviouelyaereated to the landlord, a Covezed Peron Deckatoa. I such cats, the lendord ‘nay apply for an exeption from tis stay purtant to Section 5 or Secon 6 ofthis DuwetiveSECTIONS: SECTION 6 SECTION 7 SECTION & ‘Anudlord may calle the tenant's ligbilty by providing notice reuited for the Covered Eviction pporsant to NRS40.280, along witha notice othe teant thatthe nd is challenging the tenance Covered Person Deaton. “The tenant may etabish o re-establish cigilty to be a Covered Penton by presenting any evidence supporting his ore elghlyby including iin o attaching i to (i) A tent fied ewan delaation sr afidort contesting the atin feito; (Q) Testimoay a any herding or appentance in cou; ot (@) By anj otter manaerauthoined by the cour ‘The landlord when ling complaint o fa proceeding ie aeady pending, en spproptate motoa or request, must ncde () A copy ofthe tenants Covered Person Declsation and (Evidence which demoastates that de tenuat does aot meet one or mote ofthe cstsa set forth in Scion 2 ‘A cheng maybe deem fivolous if dhe lnnlond ls the complain without «good fit basis to believe thatthe tenant doesnot meet the eter ia Seton 2, of files a compluiat without supporting evidence. The coat may saeson lndloeds Ging Sivelous challenges ‘A landlord may telean exemption fom this Dizetive by providing notice required fr the Covered [Eton parma! to NRS 40280, along with = tice to the tenant that the landlords seeking an ‘evemption du ik of foreconare ‘A hadlord may request an exemption from the provisions ofthis Dizetive by fling with «cour of ‘competent jarsiion 1G) A complan, rit proceeding ix alteady pening, an appropiate motion ot request a8, Beidence which demoastates that dhe landlord faces «realistic eat that the leased propery vil be foreclosed upoa before the exprstion ofthis Diective les the landlord ‘salto eit the tenant. 1 the court ads he the andlord hae demonstnted seal thtet that the lated propery will be {otecloed upon before the expzstion ofthis Dicectv, the acon is exempt ftom the provisions of this Ditetve, Execution of evicion orders not covered by Section 3 of this Diecive that have been isued by a ‘oust and stayed passant to the CDC Orde may feme upon expitation of the CDC Order. All ‘vction otders within the porview of Section 3 shal be stayed forthe duration thi Diecive shall be {in fore. Poor to reramption of execution ofthexe orders upoa the exptton ofthe CDC Ordes, the shes of come mast re-post he onder pio to coadaetiag the ork out. Briction orders dt have been issued by «court and have not been suyed pususntto the CDC Onder ‘dae to the lack of evidence chat the tenast invoked protection ofthe CIC Order, te exempt from the provisions ofthis Diecive.SECTION 9: In adtion to ay oter cv emedies ia NRS chapter 40 aad NRS chapter 118A, a violation of the provisions of ths Directive conrittes the ute of coercion, duress, o&iaimidaon ia a transaction Dtruan to NRS 598.0923(), ‘SECTION 10: Should any section ofthis Directive conflict wth any provision ofthe CARES Act ot ite auccesoe legination, the provisions ofthe CARES Actors successor legislation, shall prevail. SECTION 1. Nu prov 0 tis Diteuve sal be vountved ag ceiring any iva of any contractual obligation to py rent. Furs, aoting in this Dizectve waves aay applicable ate fey, interest, of enules, or aay other obligation that an individual may have purruaa oleate of rental agreement for any spplcableime pedod ic ad not already been waived by any prior Diecive. SECTION 12: The peovision ofthis Directive shllbe seversbe,Ifany aut, provision, section, sentence, or othe pio ofthis Deective is found tobe ingppliabe, invalid void enconstational, or wlawfal such {invalidation sallact affect any other provision of the Diecive that canbe given effect without the Jvalid postion. SECTION 15: "The provisions of thie Dtetivesbll go into effect on December 15,2020 at 12:01am. and shall emala in effect until Merch 31, 2021 at 1159 pam, unless sconer amended or terminated by & ‘ubsequent Dice promulgated putsuant to the March 12, 2020 Declaration of Emergency t0 {aciltate the Stat’ response tothe COVID-19 pandemic, ot ypon disolation or teination ofthe Dedattion of Emergency. INWITNESS WHEREOF, Thave hereunto set sy hand and cased the Great Sel ofthe State fof Nevada to be afixed this 14th dey of Decembes, inthe year two thousand twenty. of Sate of Nevada Be Saak. Seren of Sate spy Secretary ofits