Motion To Stay W Exh
Motion To Stay W Exh
3 Landlord’s
Name:________________________________________
John Barron Proprties
4 Address:______________________________________
P.O. Box 10141
City, State, Zip:_________________________________
Reno, NV 89510 Case No.:_____________________
REV2023-000880
5 Phone:________________________________________ Dept. No.:____________________
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Email:________________________________________
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Landlord,
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Tenant, appearing in proper person, requests this Court to stay (delay) and/or set
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aside the summary eviction order in this case. If the Court approves this request, the Court will
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set a hearing on this Motion as soon as reasonably possible.
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19 Pursuant to NRS 70.010(b) and Justice Court Rule of Civil Procedure (JCRCP) 110,
20 this Court may stay the execution of a summary eviction order for no more than ten judicial
21 days. Pursuant to JCRCP 60, this Court may set aside a summary eviction order if a party
22 shows that the final order is the result of a mistake, inadvertence, surprise, excusable neglect, or
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some type of fraud, misrepresentation or other misconduct committed by the adverse party (the
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landlord). The summary eviction order in this case should be stayed and/or set aside for the
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RJC 2/8/23
2 your request, including any valid legal defense you had to the
4 ____________________________________________________________________________
5 ______________________________________ check here if continuation sheets are attached.
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[x ] I have a pending application for rental assistance through: (name the entity where you
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Washoe Affordable Housing Corp. Homeless Prevention
applied and attach any proof you may have)_________________________________________
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[ ] The landlord has refused to participate in the application process for rental assistance.
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(please explain)_____________________________________________________________
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11 ____________________________________________________________________________
13 [ ] I was granted rental assistance, but the landlord refused to accept rental assistance on my
14 behalf.
15 (other)_____________________________________________________________________________________
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____________________________________________________________________________________________
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________________________________________________ check here if continuation sheets are attached.
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I agree to use my best efforts to notify my landlord I filed this motion prior to the hearing
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including without limitation delivering a copy of this motion to them. I declare under penalty of perjury
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under the laws of the State of Nevada that the foregoing is true and correct.
22 March 23, 2023 Leevane Mack
____________________________ _______________________________ /s/ Leevane Mack
_______________________
(Date) (Type or Print Name) (Signature)
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RJC 2/8/23
CERTIFICATE OF SERVICE
1
March 24, 2023
I CERTIFY that on (insert date motion was served) __________________________, I served
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the MOTION TO STAY EVICTION, pursuant to JCRCP 5(b), by the following method (check one
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box):
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Depositing a copy of the motion in the United States Mail, postage prepaid, to the address listed
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6 below (below insert name and mailing address of Landlord or Landlord’s attorney or agent). You must
8 Delivering a copy of this motion by electronic means if the Landlord or Landlords attorney has
9 consented to service by electronic means. The written consent to service by electronic means
10 must identify the electronic address or facsimile number and must be attached to this motion to
12 Delivering, by hand delivery, a copy of the motion to the address listed below and leaving it (i)
13 with Landlord or Landlord’s attorney: (ii) at the office of Landlord or Landlord’s attorney with
14 a person in charge or, if there is no one in charge, in a conspicuous place; or (iii) at Landlord’s
15 dwelling house with a person of suitable age and discretion residing there (below insert name and
16 mailing address of Landlord, Landlord’s agent or attorney, or person of suitable age and discretion, as
17 applicable).
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EXHIBIT “1”
Tenant is 58 year old gay black man who recently feel ill. He has lived in the unit for over three
years and has always paid his rent. .On March 7, 2023. Tenant was completely devastated with
the news that his illness has been caused by rectal cancer. On the same day, he received an
eviction notice on his door after returning from his doctor’s office.
Tenant has applied for rental assistance with the Washoe Affordable Housing Corporation’s
Homeless Prevention Program. (See Exhibit B) Tenant is a perfect candidate for this program.
If he is locked out he will no longer qualify for this program’s assistance which he so desperately
needs
Tenant has nowhere to go an is not able to work. Locking him out of his home and forcing him
to live on the street will cause him irreparable harm and/or death. He cannot withstand the
Furthermore, Tenant presented Landlord with an offer of payment which Landlord refused.
Attached hereto as Exhibit 3 is Tenant’s proposed Affidavit of Tenant. Tenant requests leave to
Based on the above, Tenant prays that this Court grant this motion, file his Affidavit of Tenant
and set a hearing in this matter so that Tenant can stay home and convalesce,
[Type here]
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EXHIBIT “2”
WASHOE AFFORDABLE HOUSING CORPORATION
1004 Forest Street z Reno NV 89509-2705 z www.WAHC.info
Ph: 775-334-3199 z Toll Free: 1-888-202-9036 z Fax: 775-334-3195 z TDD/TTY: 385-770-7166
HomelessPrevention@renoha.org
ATTENTION:
BEFORE completing this application, please READ this page to ensure
you are eligible for Homeless Prevention Program assistance.
Applications that indicate you are not eligible will be denied.
1. Are you being evicted for non-payment of rent because of an
emergency situation you have had in the last 90 days? (Examples of
emergencies: medical event, job loss, death in the family, accident, etc.)
o If yes, you might be eligible for an Emergency Assistance
Payment to pay your back rent, up to a maximum of $1,500.
o If you have not received an eviction notice yet, you are not
currently eligible for this program.
o If you are being evicted for a reason other than non-payment
of rent, you are not eligible for this program.
OR
2. Have you received a notice from your landlord that your rent is
increasing by at least 10%?
o If yes, you might be eligible for Relocation Assistance to pay
a security deposit at a new unit that is more affordable for
you.
o If you are being displaced from your unit because there is a
new owner, or for other reasons, you are not eligible for this
program.
You must provide the documentation listed throughout the application
before WAHC can provide assistance.
If you do not meet one of the two criteria above, you may ask for a list
of other community services that may be able to help you.
WASHOE AFFORDABLE HOUSING CORPORATION APPLICATION FOR HOMELESS
PREVENTION
PLEASE PRINT ALL INFORMATION CLEARLY.
YOU MUST ANSWER ALL QUESTIONS OR THE APPLICATION WILL BE RETURNED TO YOU.
If you answered ‘No’ to both a. and b. above, STOP HERE. You are not eligible for the Emergency Assistance
Payment. If you answered ‘Yes’ to either a. or b., proceed to question c., below.
If you answer ‘Yes’, STOP HERE. You are not eligible for the Emergency Assistance Payment. If you answered
‘No’ to c., proceed to questions d., e., and f. below.
d. Is the reason you cannot afford to pay your unpaid rent and/or utilities because of an emergency situation (indicate
below) that occurred in the last 90 days? If yes, provide documentation such as bills, accident report, employment
termination, etc. F Yes F No
Emergency Situation (Circle One): medical event, job loss, death in the family, accident, or other emergency
within the last 90 days.
e. Is the total amount of the costs associated with the emergency situation equal to at least one month of rent in your
current unit? If yes, provide documentation such as bills, invoices, receipts. F Yes F No
f. Is the total amount of rent and/or unpaid utilities over $1,500? F Yes F No
OR
2. Relocation Assistance
a. Have you received notice that your rent is increasing by at least 10% compared to a year ago? If yes, provide a copy
of the rent increase notice. F Yes F No
If you answered ‘No’ to a. above, STOP HERE. You are not eligible for Relocation Assistance. If you answered
‘Yes’ to a., proceed to questions b. and c. below.
b. Did you receive this notice within the last 180 days? F Yes F No
c. Have you submitted a move-out notice to your current landlord or plan to submit one within 30 days of approval for
WAHC Relocation Assistance? If yes, provide a copy of your move-out notice. F Yes F No
Sex: Race (may check multiple boxes if applicable): Ethnicity: US Citizen: Alien Registration
FM F White F Black F American Indian or Alaskan F Hispanic #:
Native F Asian F Hawaiian or Pacific Islander F No
FF F Non-Hispanic F Yes
3. Other Legal Last Name: First Name: MI Social Security/Tax ID #: Date of Birth:
Family
Member
Sex: Race (may check multiple boxes if applicable): Ethnicity: US Citizen: Alien Registration
FM F White F Black F American Indian or Alaskan F Hispanic #:
Native F Asian F Hawaiian or Pacific Islander F No
FF F Non-Hispanic F Yes
4. Other Legal Last Name: First Name: MI Social Security/Tax ID #: Date of Birth:
Family
Member
Sex: Race (may check multiple boxes if applicable): Ethnicity: US Citizen: Alien Registration
FM F White F Black F American Indian or Alaskan F Hispanic #:
Native F Asian F Hawaiian or Pacific Islander F No
FF F Non-Hispanic F Yes
5. Other Legal Last Name: First Name: MI Social Security/Tax ID #: Date of Birth:
Family
Member
Sex: Race (may check multiple boxes if applicable): Ethnicity: US Citizen: Alien Registration
FM F White F Black F American Indian or Alaskan F Hispanic #:
Native F Asian F Hawaiian or Pacific Islander F No
FF F Non-Hispanic F Yes
*If you have more than 5 family members, please use a separate sheet of paper to list the additional members.
2. Have you or any household member ever used a first/last name other than the one you are using now? F Yes F No
If yes, what name?___________________________________________________________________________________
3. Have you or any household member ever used a social security number other than the one you listed on this application?
F Yes F No
If yes, provide previously used social security number(s) _____________________________________________________
4. Have you or has anyone in your household ever been engaged in violent criminal activity or drug-related criminal activity?
F Yes F No
If yes, Who?________________________________________ When?_________________________________________
5. Have you had any lease violations, other than non-payment of rent, in the last 12 months? F Yes F No
If yes, When?_______________ Why?_______________________________________
6. John Barron Properties
Name of current landlord or name of apartment complex _____________________________________________
P.O. Box 10141, Reno, NV 89510
Landlord/complex mailing address__________________________ ______
7759131781
Landlord phone #_________
850
Total Monthly Rent $________________________ 2
Bedroom Size ________________
1004 Forest Street x Reno NV 89509 (775) 334-3199 fax (775) 334-3195 (775) 331-5138 TDD (775) 331-5138 Ext 204
Serving the State of Nevada
12/2017
Individuals who have engaged in drug-related or violent criminal activity within the past 12 months are prohibited
from receiving WAHC assistance. WAHC will complete a criminal history background check for all adults in the
household.
Self-employed $
Unemployment $
TANF (Cash Aid) $
Child Support for ____________________ $
Child Support for ____________________ $
Child Support for ____________________ $
Spousal Support $
Military pay $
Pension, retirement, Annuity, etc. $
Social Security $
SSI – Social Security Supplemental Income $
SSD – Social Security Disability $
Disability Payments - NOT through Social
$
Security
Scholarships/Financial Aid $
Cash contributions from someone outside
$
household
Other (source:_____________________) $
Other (source:_____________________) $
Other (source:_____________________) $
If more space is needed for income, write on a clean sheet of paper and attach to the application.
1. Does anyone outside of your household (other than individuals listed on this application) pay any of your bills? F Yes F No
2. Do you or does any household member receive money to pay bills from someone outside of your household? F Yes F No
Leevane Mack
If yes, household member receiving income_____________________________________ 150
Amount $___________________
Williemae Hunter, 531 Chandler St., Prichard AL
Name and address of party paying the bills__________________________________________________________________
1004 Forest Street x Reno NV 89509 (775) 334-3199 fax (775) 334-3195 (775) 331-5138 TDD (775) 331-5138 Ext 204
Serving the State of Nevada
12/2017
PART E: ASSETS
*Provide 3 months of statements for each asset with this application.
Asset Balance Name of Family Member(s)
Checking Account $
Savings Account $
PREFERENCE DECLARATION
The following are questions about preference points you may be eligible to receive. These preference points can affect your position on
the waiting list for assistance. All must be verified.
1. Are you age 62 or over or disabled, which is defined as follows: 42 U.S.C. Section 423 d) (1) (A) “Inability to engage in any
substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in
death or which has lasted or can be expected to last for a continuous period of not less than 12 months?” If you claimed disability
status you must provide a disability statement from your physician or an award letter from the Social Security Administration
or Veterans Affairs.
F Yes F No
1004 Forest Street x Reno NV 89509 (775) 334-3199 fax (775) 334-3195 (775) 331-5138 TDD (775) 331-5138 Ext 204
Serving the State of Nevada
12/2017
DO NOT WRITE IN THIS SPACE – FOR WAHC USE ONLY:
Date / Time Application Received:
1004 Forest Street x Reno NV 89509 (775) 334-3199 fax (775) 334-3195 (775) 331-5138 TDD (775) 331-5138 Ext 204
Serving the State of Nevada
12/2017
WASHOE AFFORDABLE HOUSING CORPORATION
1004 Forest Street z Reno NV 89509-2705 z www.WAHC.info
Ph: 775-334-3199 z Toll Free: 1-888-202-9036 z Fax: 775-334-3195 z TDD/TTY: 385-770-7166
Documentation needed:
x (Part E: Assets)
o 3 months of statements for each asset. Example; checking, savings, stocks or
bonds, retirement accounts, CD etc.
EXHIBIT “3”
IN THE JUSTICE COURT, RENO TOWNSHIP
1 WASHOE COUNTY, NEVADA
Landlord's
2 Name: John Barron Properties
Case No.: REV2023-000880
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Landlord, Dept No.: 6
vs.
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Tenant's
5 Name: Leevane Mack
Address: 1661 Locust St., Apt. B
6 City,State,Zip: Reno, NV 89502
Phone:
7 TENANT'S AFFIDAVIT IN
E-Mail: OPPOSITION TO SUMMARY
8 EVICTION REGARDING
Tenant.
NONPAYMENT OF RENT
9 Tenant, appearing in proper person, contests this matter pursuant to NRS 40.253 and states as follows:
10 1. I am the tenant of the rental unit located at (insert complete address of rental unit, including city, state and zip):
1661 Locust Street, Apt. B, Reno, NV 89502
____________________________________________________________________________________
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2. My rent (check one box) Type
is not is subsidized by a public housing authority or governmental agency.
text here
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3. I received a notice stating that I owe rent. I assert the following defenses to the notice: (check all that apply):
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a. I have a pending application for rental assistance with (state the name of the entity where you applied)
15 Washoe
Type Afffordable Housing Homeless Prevention Program
text here
______________________________________________________________________.
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b. Landlord refused to participate in my application process for rental assistance.
17 c. I was granted rental assistance, but the Landlord refused to accept rental assistance on my behalf.
18 d. I paid my rent in full.
19 e. I presented payment of my rent in full, but Landlord refused to accept it.
21 g. The amount Landlord is demanding in the notice includes costs or fees that are not periodic rent
or late fees.
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h. Landlord is charging an unreasonable late fee, or a late fee that exceeds 5% of the amount of the
23 periodic rent.
24 i. (To raise this defense you must deposit your rent into the court’s rent escrow account.) I gave
Landlord written notice describing Landlord’s failure to maintain my rental unit in a habitable
25 condition. Landlord did not fix, or make a reasonable effort to fix, the habitability problem within
14 days after my notice. Therefore, I am withholding payment of rent.
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Page 1 of 3 TENANT’S AFFIDAVIT/ANSWER IN OPPOSITION TO NONPAYMENT SUMMARY EVICTION
(Rev. 1/9/23)
j. (To raise this defense your rent must have been current at the time you gave written notice to
1 Landlord.) I gave Landlord written notice of an “essential services” problem at my rental unit (heat,
air conditioning, running or hot water, electricity, gas, a working door lock, or other essential item or
2 service). Landlord did not fix, or make a reasonable effort to fix, the problem within 48 hours after
my notice. Therefore, I am withholding payment of rent.
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k. I corrected a habitability problem at my rental unit and am deducting the cost from my rent after
4 giving Landlord an itemized statement. I gave Landlord written notice of the habitability problem
and stated my intention to repair. Landlord did not fix the problem within 14 days after my notice.
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l. Landlord's notice to me did not comply with Nevada law because it:
6 i. Was not served on me as required by NRS 40.280;
ii. Did not identify the court that has jurisdiction over this case;
7 iii. Did not notify me of my right to contest this matter by filing an affidavit with the court;
iv. Did not notify me that the court may issue a summary order for my removal directing the
sheriff or constable to post the order in a conspicuous place on the premises not later than 24
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hours after the order is received by the sheriff or constable, and that the sheriff or constable
shall remove the tenant not earlier than 24 hours but not later than 36 hours after the posting of
9 the order;
v. Did not notify me of my right to seek expedited relief if Landlord unlawfully removes or
10 excludes me from the premises or interrupts an essential service;
vi. Did not advise me of the availability of rental assistance; my right to assert an affirmative
11 defense if I have a pending application for rental assistance or if my landlord has refused to
participate or accept rental assistance, and my right to a stay if I assert that defense; my right to
12 file a claim for wrongful eviction if my landlord tries to evict me after receiving rental
assistance for any reason that existed during the period of default; or my right to a stay for
13 mediation.
14 m. Landlord is discriminating against me in violation of the Federal Fair Housing Act and/or
Nevada laws.
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n. Landlord is retaliating against me for having engaged in certain protected acts, and Landlord is in
16 violation of NRS 118A.510.
17 o. I am a tenant on property that has been foreclosed upon and sold. The new owner:
i. Failed to serve me with the notice of change of ownership required by NRS 40.255(2);
18 ii. Is violating NRS 40.255 by failing or refusing to grant me an additional 60 days on the
property;
19 iii. Is attempting to use the summary eviction procedure in violation of NRS 40.255(1), which
requires the new owner to use the formal unlawful detainer procedure under NRS 40.290 to
40.420.
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Other defense (explain below).
21
(State the facts and circumstances that support the defenses you checked above:)
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____________________________________________________________________________________
23 ____________________________________________________________________________________
24 ____________________________________________________________________________________
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Page 2 of 3 TENANT’S AFFIDAVIT/ANSWER IN OPPOSITION TO NONPAYMENT SUMMARY EVICTION
(Rev. 1/9/23)
1 THEREFORE, I request that Landlord take nothing requested in Landlord's Affidavit/Complaint, or alternatively,
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I declare under penalty of perjury under the law of the State of Nevada that the foregoing is true and correct.
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Page 3 of 3 TENANT’S AFFIDAVIT/ANSWER IN OPPOSITION TO NONPAYMENT SUMMARY EVICTION
(Rev. 1/9/23)