Nevada's AB223 Veto: What the Failed Habitability Bill Means for Tenants

Nevada tenants living in moldy, unsafe rental housing will have to wait at least two more years for stronger protections. Governor Joe Lombardo vetoed Assembly Bill 223 in June 2025, continuing a pattern of blocking tenant-friendly housing reforms that began in his first legislative session.

The veto is particularly significant because Nevada's Legislature only meets every other year, meaning advocates cannot try again until 2027. For the estimated 10,100 Nevadans who experienced homelessness in 2024, a 17% increase from the previous year, and the many more living in substandard housing, the delay has real consequences.

What AB223 Would Have Done

Assembly Bill 223, sponsored by Assemblywoman Venicia Considine (D-Las Vegas), aimed to strengthen tenant protections when rental units fail to meet habitability standards. The bill would have:

Closed Legal Loopholes

Current Nevada law uses vague terms like "adequately" and "materially" when describing landlord responsibilities. AB223 would have removed this ambiguous language, making it clearer when a property fails to meet habitability standards. This matters because unclear standards allow landlords to argue that problems like mold aren't "material" enough to warrant action.

Created Meaningful Rent Remedies

• Tenants could reduce or withhold rent if their home doesn't comply with habitability laws
• Tenants could file court complaints about unsafe conditions
• Those complaints could be used as a defense against eviction

Addressed Enforcement Gaps

In Las Vegas, evictions don't require any court process. Tenants who want to withhold rent to force landlord action face a complicated legal system tilted against them. AB223 would have simplified the process and given tenants more leverage.

Why the Governor Vetoed It

Governor Lombardo vetoed 87 bills from the 2025 session, breaking his own record of 75 vetoes set in 2023. AB223 faced significant opposition from the real estate industry, receiving more than 50 opposition letters, largely coordinated through a letter-writing campaign by the Nevada State Apartment Association.

The Governor's veto messages have generally cited concerns about:

• Potential impacts on housing supply and costs
• Burdens on property owners
• Preference for market-based solutions

Tenant advocates counter that landlords who maintain their properties properly would face minimal impact, and that the costs of substandard housing fall disproportionately on vulnerable renters.

The Pattern of Vetoes

AB223's veto follows a pattern. In 2023, Governor Lombardo vetoed several bills that would have:

• Reformed the eviction process
• Regulated application and deposit fees
• Offered additional tenant protections

Tenant organizers note that conditions have only worsened since those vetoes. Housing advocates sought to revive many 2023 proposals in 2025, arguing that just because their bills died didn't mean the problems did.

One bill did succeed this session: AB121, which requires landlords to detail actual costs to rental applicants and provide a way to pay rent online without extra fees. Governor Lombardo signed it, showing that some tenant protections can gain executive approval.

What This Means for Nevada Tenants with Mold

Without AB223, Nevada tenants dealing with mold continue to face an uphill battle:

Limited Legal Options

The current process for tenants who want to withhold rent is confusing, burdensome, and costly. Under NRS 118A.290, landlords must maintain rental units in habitable condition, but enforcing that requirement requires navigating complex legal procedures that most tenants cannot afford.

Vague Standards

Terms like "adequately" in current law give landlords significant latitude to argue that mold problems don't rise to the level of a habitability violation. Without clearer standards, tenants struggle to prove their cases.

Eviction Risks

Tenants who withhold rent risk eviction, even when their units are genuinely uninhabitable. In Las Vegas, the eviction process favors landlords, making it risky for tenants to assert their rights.

Your Rights Under Current Nevada Law

Despite AB223's failure, Nevada tenants still have some protections:

NRS 118A.290: Habitability Requirements

Landlords must maintain rental units in habitable condition, including:

• Working plumbing, heating, and electrical systems
• Weatherproofing and structural integrity
• Freedom from significant health and safety hazards

Documentation Is Critical

If you're dealing with mold, document everything. Take dated photos and videos. Send written repair requests and keep copies. See a doctor if you experience health symptoms and maintain records. This documentation is essential for any legal action.

Consider Legal Consultation

Given the complexity of Nevada's current system, consulting with a tenant rights attorney may be worthwhile for serious mold problems. Some organizations offer free legal consultations for low-income tenants.

What Comes Next

Because Nevada's Legislature meets only every other year, tenant advocates must wait until 2027 to try again. In the meantime, organizers are:

• Building broader coalitions for future legislative sessions
• Documenting cases of substandard housing to demonstrate the need for reform
• Supporting local initiatives where possible
• Educating tenants about their existing rights

The 2027 session will likely see similar legislation reintroduced. Whether it can overcome the Governor's opposition remains to be seen.

The Broader Context

Nevada's situation reflects a national tension between tenant protection advocates and property owner interests. States like California, Maryland, and Colorado have recently strengthened tenant protections around mold and habitability, while others like Nevada have maintained the status quo.

The health stakes are significant. Mold exposure has been linked to respiratory problems, allergic reactions, and more serious conditions in vulnerable populations. When tenants cannot effectively enforce habitability standards, they bear the health consequences of substandard housing.

How to Take Action

If you support stronger tenant protections in Nevada:

• ✓Contact your state legislators to express support for future habitability legislation
• ✓Share your housing experiences with tenant advocacy organizations
• ✓Participate in voter education efforts around housing issues
• ✓Support organizations working on tenant rights in Nevada

For comprehensive information on your current rights as a Nevada renter, visit our Nevada mold laws guide.

The Lesson for Other States

Nevada's experience offers lessons for tenant advocates elsewhere. Even bills that pass both legislative chambers can fail at the executive level. Building broad coalitions, addressing landlord concerns proactively, and maintaining pressure across election cycles are essential for achieving lasting reform.

For now, Nevada tenants must work within the existing system while continuing to advocate for change. The 2027 legislative session may offer another opportunity, but only if advocates maintain momentum despite this setback.