reglab/housing_qa huggingface dataset:
NE Code § 76-1303 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1303 - State Real Estate Commission; administer sections; advisory group.

76-1303.  State Real Estate Commission; administer sections; advisory group.(1) The provisions of sections 76-1301 to 76-1315 shall be administered by the State Real Estate Commission.(2) All rules, regulations and administrative procedures adopted by the agency pursuant to sections 76-1301 to 76-1315 shall be promulgated with the advice and counsel of a representative group of administrative personnel of those retirement communities and subdivisions affected by such rules, regulations and administrative practices.Source  Laws 1972, LB 1311, § 3.
NE Code § 76-1304 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1304 - Application of sections; exceptions.

76-1304.  Application of sections; exceptions.Unless the method of disposition is adopted for the purpose of evasion of the provisions of sections 76-1301 to 76-1315, such provisions shall not apply to offers or dispositions of any lot or unit in a retirement subdivision or community by a purchaser for his or her own account in a single or isolated transaction, nor shall such provisions apply to the following:(1) Offers or dispositions of evidences of indebtedness secured by a mortgage or deed of trust of real estate;(2) Offers or dispositions of securities or units of interest issued by a real estate investment trust regulated under any state or federal statute;(3) The sale or lease of real estate under or pursuant to court order;(4) The disposition in any manner whatsoever of any unit of public housing under the administrative jurisdiction of a local public housing authority;(5) Offers or dispositions of securities currently registered with the Director of Banking and Finance and under the provisions of the Securities Act of Nebraska; and(6) Health care facilities licensed by the Department of Health and Human Services under the Health Care Facility Licensure Act.Source   Laws 1972, LB 1311, § 4;   Laws 1988, LB 693, § 17;   Laws 1996, LB 1044, § 793;  Laws 2000, LB 819, § 148;  Laws 2003, LB 61, § 3;  Laws 2007, LB296, § 700. Cross References   Health Care Facility Licensure Act, see section 71-401.  Securities Act of Nebraska, see section 8-1123.
NE Code § 76-1305 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1305 - Offering or disposition; requirements; right to cancel; escrow.

76-1305.  Offering or disposition; requirements; right to cancel; escrow.Unless the retirement subdivision or community lands or the transaction is exempt by section 76-1304:(1) No person may offer or dispose of any lot or unit in any retirement subdivision or community located in this state, nor offer or dispose in this state of any lot or unit in any retirement subdivision or community located outside this state prior to the time such subdivision or community is registered in the manner prescribed by sections 76-1301 to 76-1315;(2) No person may dispose of any lot or unit in any retirement subdivision or community unless a current public-offering statement is delivered to the prospective purchaser and the prospective purchaser is afforded a reasonable opportunity, under no circumstances less than forty-eight hours, to examine the public-offering statement prior to the disposition;(3) A purchaser shall have the right to cancel a contract for disposition within three business days after the date the contract is executed or within three business days after the delivery to the purchaser of the public-offering statement, whichever is later. The right to cancel may not be waived and any attempt to obtain such a waiver is unlawful and shall be considered a violation of sections 76-1301 to 76-1315. A purchaser may cancel the contract by hand delivering or mailing, postage prepaid, a written statement of cancellation to the developer. The cancellation shall be deemed effective upon mailing. Upon cancellation, the developer shall refund to the purchaser within thirty days after receipt of the cancellation notice all payments and other consideration given by the purchaser reduced by the proportion of any benefits the purchaser has actually received by agreement with the developer prior to the effective date of the cancellation. A developer and purchaser shall agree in writing on a specific value for each benefit received by the purchaser for purposes of this section; and(4) If in any retirement subdivision or community a purchaser's lot or unit remains subject to any debts or liabilities of the developer or association in connection with the initial construction of the improvements to the retirement subdivision or community, the developer shall hold all payments from purchasers in escrow at a state or federally regulated financial institution located in this state until such time, not to exceed twenty-four months, that the public improvements serving the retirement subdivision or community are substantially completed and secured financing has been obtained by the developer or association (a) in an amount adequate to complete the improvements to the retirement subdivision or community as represented in the statement of record and (b) under such terms as are consistent with the budget stated in the public-offering statement.Source   Laws 1972, LB 1311, § 5;  Laws 2003, LB 61, § 4.
NE Code § 76-1308 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1308 - Statement of record; examination by agency.

76-1308.  Statement of record; examination by agency.Upon receipt of a statement of record in proper form, the agency shall forthwith initiate an examination to determine that:(1) The developer can convey or cause to be conveyed the interest in a retirement subdivision or community offered for disposition if the purchaser complies with the terms of the offer, and when appropriate, that release clauses, conveyances in trust, or other safeguards have been provided;(2) There is reasonable assurance that all proposed improvements will be completed as represented;(3) Such developer and managing agent have not, or if not an individual, its officers, directors, and principals have not, been convicted of a crime involving land dispositions or any aspect of the land sales business in this state, the United States, or any other state or foreign country and have not been subject to any injunction or administrative order restraining a false or misleading promotional plan involving land dispositions; and(4) The public-offering statement and other requirements of sections 76-1301 to 76-1315 have been satisfied.Source   Laws 1972, LB 1311, § 8;  Laws 2003, LB 61, § 7.
NE Code § 76-1309 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1309 - Effective date of registration; statement of record; suspension; when; hearing; when.

76-1309.  Effective date of registration; statement of record; suspension; when; hearing; when.(1) Except as provided in subsection (3) of this section, the effective date of the registration of the retirement subdivision or community shall be the sixtieth day after the filing of the statement of record or such earlier date as the agency may determine, having due regard to the public interest and the protection of purchasers. If any amendment is filed prior to the effective date, the statement of record shall be deemed to have been filed when such amendment was filed.(2) If it appears to the agency that the statement of record, or any amendment thereto, is on its face incomplete or inaccurate in any material aspect, the agency shall notify the developer prior to the date the registration would otherwise be effective. Such notification shall serve to suspend the effective date of the filing until the sixtieth day after the developer files such additional information as the agency shall require. If the developer fails to provide additional information as required by the agency within ninety days after receiving notice, the agency may deny the registration.(3) Any developer, upon notice of suspension as identified in subsection (2) of this section or denial of registration, may within twenty days after the date of such notice file a request for hearing, and such hearing shall be held within forty-five days after the receipt of such request and in accordance with the rules and regulations promulgated by the agency.Source   Laws 1972, LB 1311, § 9;  Laws 2003, LB 61, § 8.
NE Code § 76-1310 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1310 - Annual report; contents.

76-1310.  Annual report; contents.Within thirty days after each annual anniversary date of an order registering a retirement subdivision or community, the developer or managing agent of such lands shall file a report in the form prescribed by the rules of the agency. The report shall include current audited financial statements, a current public offering statement, any amendments to the statement of record, and information concerning any adjudication of bankruptcy against the developer, the association, the managing agent, or any principal owning more than ten percent of the interest in the retirement subdivision or community, developer, association, or managing agent at the time of filing.Source   Laws 1972, LB 1311, § 10;  Laws 2003, LB 61, § 9.
NE Code § 76-1311 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1311 - Rules and regulations; investigations.

76-1311.  Rules and regulations; investigations.The agency shall adopt, amend, or repeal such rules and regulations as are necessary for the enforcement of the provisions of sections 76-1301 to 76-1315, in accordance with the Administrative Procedure Act, regarding the adoption of such rules and regulations. The agency shall thoroughly investigate all matters relating to the application and may require a personal inspection of the real estate by a person or persons designated by it. All expenses incurred by the agency in investigating such real estate and the proposed sale thereof shall be borne by the developer and the agency shall require a deposit sufficient to cover such expenses prior to incurring the same.Source  Laws 1972, LB 1311, § 11. Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 76-1312 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1312 - Agency; powers.

76-1312.  Agency; powers.(1) The agency may:(a) Make necessary public or private investigations within or outside of this state to determine whether any person has violated or is about to violate the provisions of sections 76-1301 to 76-1315 or any rule or order under the provisions of sections 76-1301 to 76-1315, or to aid in the enforcement of the provisions of sections 76-1301 to 76-1315 or in the prescribing of rules and forms under the provisions of sections 76-1301 to 76-1315; and(b) Require or permit any person to file a statement in writing, under oath or otherwise as the agency determines, as to all the facts and circumstances concerning the matter to be investigated.(2) For the purpose of any investigation or proceeding under sections 76-1301 to 76-1315, the agency or any officer designated by rule may administer oaths or affirmations, and upon its own motion or upon request of any party shall subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence.Source  Laws 1972, LB 1311, § 12.
NE Code § 76-1314 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1314 - Agency order; appeal.

76-1314.  Agency order; appeal.An order of the agency which has become final may be appealed in accordance with the Administrative Procedure Act.Source   Laws 1972, LB 1311, § 14;  Laws 2003, LB 61, § 11.  Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 76-1401 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1401 - Act, how cited.

76-1401.  Act, how cited.Sections 76-1401 to 76-1449 shall be known and may be cited as the Uniform Residential Landlord and Tenant Act.Source   Laws 1974, LB 293, § 1;   Laws 1991, LB 324, § 1;  Laws 2021, LB320, § 2.   Effective Date: August 28, 2021  Annotations Procedures authorized by section 76-1401 et seq. provide a public housing tenant with all the required elements of due process prior to eviction, and a public housing tenant is not entitled to a prior grievance procedure where the eviction is based upon the tenant's creation or maintenance of a threat to the health or safety of other tenants or public housing authority employees. Housing Auth. of City of Lincoln v. Wolfe, 212 Neb. 657, 324 N.W.2d 891 (1982).
NE Code § 76-1402 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1402 - Purposes; rules of construction.

76-1402.  Purposes; rules of construction.(1) The Uniform Residential Landlord and Tenant Act shall be liberally construed and applied to promote its underlying purposes and policies.(2) Underlying purposes and policies of the act are:(a) To simplify, clarify, modernize, and revise the law governing the rental of dwelling units and the rights and obligations of landlord and tenant;(b) To encourage landlord and tenant to maintain and improve the quality of housing; and(c) To make uniform the law among those states which enact it.Source   Laws 1974, LB 293, § 2;  Laws 2001, LB 7, § 1.
NE Code § 76-1403 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1403 - Supplementary principles of law applicable.

76-1403.  Supplementary principles of law applicable.Unless displaced by the provisions of the Uniform Residential Landlord and Tenant Act, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause, supplement the act's provisions.Source   Laws 1974, LB 293, § 3;  Laws 2001, LB 7, § 2.
NE Code § 76-1404 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1404 - Construction against implicit repeal.

76-1404.  Construction against implicit repeal.The Uniform Residential Landlord and Tenant Act being a general act intended as a unified coverage of its subject matter, no part of it is to be construed as impliedly repealed by subsequent legislation if that construction can reasonably be avoided.Source   Laws 1974, LB 293, § 4;  Laws 2001, LB 7, § 3.
NE Code § 76-1405 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1405 - Remedies; administration and enforcement; duty to mitigate damages.

76-1405.  Remedies; administration and enforcement; duty to mitigate damages.(1) The remedies provided by the Uniform Residential Landlord and Tenant Act shall be so administered that the aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages.(2) Any right or obligation declared by the Uniform Residential Landlord and Tenant Act is enforceable by action unless the provision declaring it specifies a different and limited effect.Source   Laws 1974, LB 293, § 5;  Laws 2001, LB 7, § 4.
NE Code § 76-1406 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1406 - Settlement; authorized.

76-1406.  Settlement; authorized.A claim or right arising under the Uniform Residential Landlord and Tenant Act or on a rental agreement may be settled by agreement.Source   Laws 1974, LB 293, § 6;  Laws 2001, LB 7, § 5.
NE Code § 76-1407 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1407 - Jurisdiction; territorial application.

76-1407.  Jurisdiction; territorial application.The Uniform Residential Landlord and Tenant Act applies to, regulates, and determines rights, obligations, and remedies under a rental agreement, wherever made, for a dwelling unit located within this state.Source   Laws 1974, LB 293, § 7;  Laws 2001, LB 7, § 6.
NE Code § 76-1408 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1408 - Exclusions from application of sections.

76-1408.  Exclusions from application of sections.Unless created to avoid the application of the Uniform Residential Landlord and Tenant Act, the following arrangements are not governed by the act:(1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service.(2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his or her interest.(3) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization.(4) Transient occupancy in a hotel or motel.(5) Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises.(6) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative.(7) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.(8) A lease of improved or unimproved residential land for a term of five years or more.Source   Laws 1974, LB 293, § 8;  Laws 2001, LB 7, § 7.
NE Code § 76-1409 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1409 - Courts; jurisdiction.

76-1409.  Courts; jurisdiction.The district or county court of this state may exercise jurisdiction over any landlord or tenant with respect to any conduct in this state governed by the Uniform Residential Landlord and Tenant Act or with respect to any claim arising from a transaction subject to the act for a dwelling unit located within its jurisdictional boundaries.Source   Laws 1974, LB 293, § 9;   Laws 1983, LB 447, § 89;   Laws 1984, LB 13, § 84;  Laws 2001, LB 7, § 8.
NE Code § 76-1411 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1411 - Obligation of good faith.

76-1411.  Obligation of good faith.Every duty under the Uniform Residential Landlord and Tenant Act and every act which must be performed as a condition precedent to the exercise of a right or remedy under the act imposes an obligation of good faith in its performance or enforcement.Source   Laws 1974, LB 293, § 11;  Laws 2001, LB 7, § 9.
NE Code § 76-1412 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1412 - Unconscionability.

76-1412.  Unconscionability.(1) If the court, as a matter of law, finds that a rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.(2) If unconscionability is put into issue by a party or by the court upon its own motion the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination.Source  Laws 1974, LB 293, § 12.
NE Code § 76-1413 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1413 - Notice.

76-1413.  Notice.(1) A person has notice of a fact if (a) he has actual knowledge of it, (b) he has received a notice or notification of it, or (c) from all facts and circumstances known to him at the time in question he has reason to know that it exists. A person knows or has knowledge of a fact if he has actual knowledge of it.(2) A person notifies or gives a notice or notification to another by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person receives a notice or notification when (a) it comes to his attention, (b) in the case of the landlord, it is delivered at the place of business of the landlord through which the rental agreement was made or at any place held out by him as the place for receipt of the communication, or (c) in the case of the tenant, it is delivered in hand to the tenant or mailed to him at the place held out by him as the place for receipt of the communication, or in the absence of such designation, to his last-known place of residence.(3) Notice, knowledge or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction, and in any event from the time it would have been brought to his attention if the organization had exercised reasonable diligence.Source  Laws 1974, LB 293, § 13.
NE Code § 76-1415 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1415 - Prohibited provisions in rental agreements.

76-1415.  Prohibited provisions in rental agreements.(1) No rental agreement may provide that the tenant:(a) Agrees to waive or to forego rights or remedies under the Uniform Residential Landlord and Tenant Act;(b) Authorizes any person to confess judgment on a claim arising out of the rental agreement;(c) Agrees to pay the landlord's or tenant's attorney's fees; or(d) Agrees to the exculpation or limitation of any liability of the landlord arising due to active and actionable negligence of the landlord or to indemnify the landlord for that liability arising due to active and actionable negligence or the costs connected therewith.(2) A provision prohibited by subsection (1) of this section included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by him or her to be prohibited, the tenant may recover actual damages sustained by him or her and reasonable attorney's fees.Source   Laws 1974, LB 293, § 15;  Laws 2001, LB 7, § 11.  Annotations The Uniform Residential Landlord and Tenant Act applies only to residential leases and does not prohibit exculpatory clauses or limitations on the landlord's liability in commercial leases. Bedrosky v. Hiner, 230 Neb. 200, 430 N.W.2d 535 (1988).
NE Code § 76-1417 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1417 - Disclosure.

76-1417.  Disclosure.(1) The landlord or any person authorized to enter into a rental agreement on his or her behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:(a) The person authorized to manage the premises; and(b) An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands.(2) The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner, or manager.(3) A person who fails to comply with subsection (1) of this section becomes an agent of each person who is a landlord for the purpose of:(a) Service of process and receiving and receipting for notices and demands; and(b) Performing the obligations of the landlord under the Uniform Residential Landlord and Tenant Act and under the rental agreement and expending or making available for the purpose all rent collected from the premises.Source   Laws 1974, LB 293, § 17;  Laws 2001, LB 7, § 13.