What is the Eviction Diversion Program?
The Eviction Diversion Program (EDP) allows Las Vegas Justice Court to temporarily divert specific eviction cases and tenants away from eviction and potential lockout. The EDP diverts cases and tenants through a program which is intended to provide them with case workers and access to resources and support (i.e., rental assistance, relocation assistance). The EDP was created by Las Vegas Justice Court and implemented via local court rule changes approved by the Nevada Supreme Court in late 2022.
How has the Eviction Diversion Program evolved?
The initial EDP envisioned by the Court intended to implement a new summary eviction process applicable in Las Vegas Justice Court. As part of that process, Landlords were required to pre-file their notices with the Court prior to service and to obtain a file-stamped version of their notices. Additionally, the initial EDP authorized additional appearances in Court for tenants, created case worker positions to provide recommendations to the Court, provided tenants with access to legal aid attorneys, and mandated mediation.
The initial EDP and corresponding proposed rule changes were revised several times throughout the public comment period and after a public hearing in December. The final version of the EDP and corresponding rule changes approved by the Nevada Supreme Court included a requirement that landlords/tenants use court-mandated notices and pleading forms (i.e., Complaint and Answer). Further, that landlords must file their complaints into the correct existing cases if the tenant has filed an Answer; if landlords fail to comply, the complaint can be rejected with filing fees retained by the Court. Lastly, a caseworker can recommend mediation to a judge, but mediation is not mandated.
Karsaz Law responded providing commentary on several versions of the program before the program was ultimately approved the Nevada Supreme Court in December 2022.
Is the program now in effect?
The EDP rules took effect on February 27, 2023. Court-mandated forms are available on the Civil Law Self Help Center webpage.