NVAR Standard Forms Changes: Effective July 1, 2018

By Matthew L. Troiani, Esq.

The NVAR Board of Directors has approved the following new forms and forms changes, as proposed by NVAR’s Standard Forms Committee. Click on the title to download the form or download all the forms here.

1. K1375 – Assistance Animal Addendum – This is a new form which was created to provide a lease addendum where the landlord has approved a request for an assistance animal in accordance with the Americans with Disabilities Act and the Fair Housing Act, and is not the same as the Pet Addendum. The addendum permits a tenant to have an assistance animal in the dwelling, subject to certain tenant responsibilities for the animal.

2. K1376 – Assistance Animal Approval Notice – This is a new form which was created to provide a formal notice by which a landlord can approve a tenant’s request for a reasonable accommodation for an assistance animal.

3. K1377 – Assistance Animal Denial Notice – This is a new form which was created to provide a formal notice by which a landlord can deny a tenant’s request for a reasonable accommodation for an assistance animal.

4. K1378 – Request for Reasonable Accommodation/Rule or Policy – This new form was created to provide a formal request by a tenant or applicant for a reasonable accommodation to a rule or policy. This form will allow the landlord to review and either approve or deny the request. This form will work in conjunction with K1376 and K1377.

5. K1379 – Reasonable Modification Addendum/Physical Structures – This new form was created to provide a formal request for a tenant or applicant to make a modification to the physical structure of a dwelling in order to reasonably accommodate a disability. The form is to be provided by the landlord upon request, and incorporated into the lease as an addendum if the modification is approved.

6. K1380 – Verification of Disability –  This new form was created for a tenant or applicant to complete with the assistance of a verifier who has a therapeutic relationship with the tenant/applicant in situations where a disability is not readily apparent. Once completed, the form will be submitted along with the Request for Reasonable Accommodation/Rule or Policy.

7. K1382 – Notice – Lease – This new form was created to provide a blank form in which parties can provide notice under the VRLTA and Common Law Leases.

8. K1273 – Notice Sale – This form was updated to distinguish it from the new Notice – Lease form, and to update changes in terminology since 2015.

9. K1017 – Property Management Agreement – This form was significantly updated to reflect changes in the law, required disclosures, and property management practice since 2001. The form was also reorganized for convenience of use.

10. K1374 – Property Management Information Form – This form was updated to reflect changes in the law, Property Management Agreement, and property management practice.

11. K1333 – Lease Common Law – This form was updated to create a new separate Paragraph 11 addressing smoking on the Premises, including electronic cigarettes. Paragraph 31 (formerly Paragraph 30) was updated to provide notice to the parties, not just to the tenant, that separate commission may be owed if the tenant purchases the property. The Assistance Animal Addendum was added as an option in Paragraph 38. Paragraph 43 was added to provide the statutorily-required notice that one or more parties may be real estate licensees. Brokerage Information was added to the end in the same manner as the Residential Sales Contract.

12. K1354 – Lease VRLTA – This form was updated as follows:
    a) To create a new separate Paragraph 11 addressing smoking on the Premises, including electronic cigarettes.
    b)  Paragraph 31 (formerly Paragraph 30) was updated to provide notice to the parties, and not just to the tenant, that separate commission may be owed if the tenant decides to purchase the property.
    c)  The Assistance Animal Addendum was added as an option in Paragraph 40.
    d)  A new Paragraph 45 was added to provide the statutorily-required notice that one or more parties may be real estate licensees.
    e)  Brokerage Information was added to the end in the same manner as the Residential Sales Contract.

13. K1321 – Residential Sales Contract – This form was updated in four areas:
    1. Paragraph 4 – The clause requiring that the Settlement occur on the prior business day in the event the Settlement Date falls on a Saturday, Sunday or legal holiday was moved from Paragraph 33(E) to Paragraph 4.
    2. Paragraph 13 – Clarifies that while wall mounted electronic components/devices do not convey with the property, related mounts, brackets and hardware do convey with the property unless the parties agree otherwise in writing. This is intended to clarify conveyance and to address disputes between parties regarding the removal of the mounts and the adequacy of repairs of the holes left behind when mounts are removed.
    3. Paragraph 20 – Adds a check box for situations where no Wood-Destroying Insect Inspection is required or requested by a lender or the parties.

14. K1282 – Exclusive Right to Represent Tenant – These changes were administrative in nature to correct a typographical error in Paragraph 15.

Click here to download all of the forms