Ely, Nev., Mun. Code ch. 9-10 § 9-10-2

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, and words used in the singular include the plural. "Shall" is always mandatory and not discretionary:



DISCRIMINATION OR DISCRIMINATORY HOUSING PRACTICE:
Any difference in treatment on the basis of race, color, religious creed, national origin, ancestry, sex, handicap, or familial status.

DWELLING:
Any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.

A. Dwelling does not include a single-family house sold or rented by an owner if:

1. Such owner does not own more than three (3) single-family houses at any one time; or

2. Such owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all, or a portion of the proceeds from the sale or rental of, more than three (3) such single-family houses at any one time; and

3. Such house was sold or rented without the use in any manner of the sales or rental facilities or the sales or rental services of any estate broker, real estate broker-salesman or real estate salesman licensed pursuant to chapter 645 of Nevada Revised Statutes; and

4. Such house was sold or rented without the publication, posting or mailing of any notice, statement or advertisement prohibited by subsection 3 of Nevada Revised Statutes section 118.100.

B. Rooms or units and dwellings containing living quarters occupied by not more than four (4) families living independently of each other if the owner actually maintains and occupies one of such living quarters as his residence and such owner has not within the preceding twelve (12) month period participated:

1. As the principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein; and

2. As an agent, otherwise than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein.

C. The sale of a single-family house by an owner not residing in such house at the time of the sale or who was not the most recent resident of such house prior to the sale shall not bring such house within the definition of "dwelling" unless there is more than one such sale within any twenty four (24) month period.

FAMILY:
Includes a single individual.

FINANCIAL INSTITUTION:
Any "person", as defined below, engaged in the business of lending money or guaranteeing losses.

MORTGAGE BROKER:
An individual who is engaged in or who performs the business or services of a mortgage broker as defined by the Nevada Revised Statutes.

OPEN MARKET:
The market which is informed of the availability for sale, purchase, rental or lease of any housing accommodation, whether informed through a real estate broker or by advertising by publication, signs or by any other advertising method directed to the public or any portion thereof, indicating that the property is available for sale, purchase, rental or lease.

OWNER:
Includes a lessee, sublessee, co-tenant, assignee, managing agent or other person having the right of ownership or possession, or the right to sell, rent or lease any housing accommodation.

PERSON:
Includes individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, the state of Nevada, and all political subdivisions and agencies thereof, and all other groups or combinations. "Person" does not include any nonprofit, fraternal, educational or social organization or club, unless it has the purpose of promoting discrimination in the matter of housing against any person or persons because of race, religious creed, color, national origin, ancestry, sex, handicap or familial status.

REAL ESTATE BROKER OR REAL ESTATE SALESMAN:
Any individual, qualified by law, who, for a fee, commission, salary, or for other valuable consideration, or who with the intention or expectation of receiving or collecting the same, lists, sells, purchases, rents or leases any housing accommodations, including options thereupon, or who advertises or holds himself out as engaged in such activities; or who negotiates or attempts to negotiate a loan, secured by a mortgage or other encumbrance, upon transfer of any housing accommodation; or who is engaged in the business of charging an advance fee or contracting for collection of a fee in connection with a contract whereby he undertakes to promote the sale, purchase, rental or lease of any housing accommodation through its listing in a publication issued primarily for such purpose; or an individual employed by or acting on behalf of any of these.

REAL PROPERTY:
Buildings, structures, lands, tenements, leaseholds, cooperations and condominiums.

RENT:
Rent, lease, sublease, let or otherwise grant for a consideration the right to occupy premises not owned by the occupant. (Ord. 461, 6-10-1991; amd. Ord. 746, 8-18-2022)