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Regular Session, 2010
SENATE BILL NO. 762
BY SENATOR BROOME
HOUSING. Provides that it is a violation to discriminate in land use decisions or the
permitting of development based on the fact that a development contains affordable housing
units. (gov sig)
AN ACT1
To enact Chapter 44 of Title 51 of the Louisiana Revised statutes of 1950, to be comprised2
of R.S. 51:2701 through 2703, relative to discrimination in land use or land3
development decisions; to provide for unlawful acts; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Chapter 44 of Title 51 of the Louisiana Revised statutes of 1950, to be7
comprised of R.S. 51:2701 through 2703, is hereby enacted to read as follows: 8
CHAPTER 44. LOUISIANA FAIR HOUSING ACT9
§2701. Louisiana Fair Housing Act10
This Chapter shall be known and may be cited as the "Louisiana Fair11
Housing Act".12
§2702. Policy13
A. It shall be unlawful discriminatory housing practice to discriminate14
in land use decisions or in the permitting of development based on race, color,15
religion, sex, national origin, handicapping condition, familial status, or, except16
as otherwise provided by law, the fact that a development or proposed17 SB NO. 762
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development contains affordable housing units for families or individuals with1
incomes below eighty percent of area median income. It shall not be a violation2
if land use decisions or permitting of development is based on considerations of3
limiting high concentrations of affordable housing.4
§2703. Discrimination in land use decisions and other prohibited practices.5
A. It is unlawful if:6
(1) A person by his act or failure to act intends to discriminate against7
a person. A person intends to discriminate if, in committing an unlawful8
discriminatory housing practice, he was motivated in full or in any part at all,9
by race, color, religion, sex, national origin, handicapping condition, or familial10
status. An intent to discriminate may be established by direct or circumstantial11
evidence.12
(2) A person's act or failure to act has the effect, regardless of intent, of13
discriminating against a person of a particular race, color, religion, sex, national14
origin, handicapping condition, or familial status. However, it is not a violation15
of this Chapter if a person whose action or inaction has an unintended16
discriminatory effect proves that his action or inaction was motivated and17
justified by business necessity.18
(3) A local governmental subdivision's act or failure to act in land use19
decisions or in the permitting of development is intended to discriminate against20
affordable housing. A local governmental subdivision intends to discriminate21
if, in committing an unlawful discriminatory housing practice, the local22
governmental subdivision was motivated in full or in any part at all by the fact23
that a development of proposed development contains affordable housing units24
for families or individuals with incomes below eighty percent of area median25
income. It is not a violation if land use decisions or permitting of development26
is based on considerations of limiting high concentrations of affordable housing.27
An intent to discriminate may be established by direct or circumstantial28
evidence.29 SB NO. 762
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(4) A local governmental subdivision's act or failure to act has the effect,1
regardless of intent, of discriminating against affordable housing in land use2
decisions or in the permitting of development. It is not a violation if land used3
decisions or permitting of development is based on considerations of limiting4
high concentrations of affordable housing. It is not a violation if a local5
governmental subdivision whose action or inaction has an unintended6
discriminatory effect proves that the action or inaction was motivated and7
justified by a legitimate, bona fide governmental interest.8
Section 2. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by James Benton.
DIGEST
Proposed law creates the "Louisiana Fair Housing Act".
Proposed law provides that it is an unlawful discriminatory housing practice to discriminate
in land use decisions or in the permitting of development based on race, color, religion, sex,
national origin, handicapping condition, familial status, or, except as otherwise provided by
law, the fact that a development or proposed development contains affordable housing units
for families or individuals with incomes below 80% of area median income. It is not a
violation if land use decisions or permitting of development is based on considerations of
limiting high concentrations of affordable housing.
Proposed law provides that it is unlawful if:
(1)A person by his act or failure to act intends to discriminate against a person. A
person intends to discriminate if, in committing an unlawful discriminatory housing
practice, he was motivated in full or in any part at all, by race, color, religion, sex,
national origin, handicapping condition, or familial status. An intent to discriminate
may be established by direct or circumstantial evidence.
(2)A person's act or failure to act has the effect, regardless of intent, of discriminating
against a person of a particular race, color, religion, sex, national origin,
handicapping condition, or familial status. However, it is not a violation of proposed
law if a person whose action or inaction has an unintended discriminatory effect
proves that his action or inaction was motivated and justified by business necessity.
(3)A local government's act or failure to act in land use decisions or in the permitting
of development is intended to discriminate against affordable housing. A local SB NO. 762
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Coding: Words which are struck through are deletions from existing law;
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government intends to discriminate if, in committing an unlawful discriminatory
housing practice, the local government was motivated in full or in any part at all by
the fact that a development of proposed development contains affordable housing
units for families or individuals with incomes below eighty percent of area median
income. It is not a violation if land use decisions or permitting of development is
based on considerations of limiting high concentrations of affordable housing. An
intent to discriminate may be established by direct or circumstantial evidence.
(4)A local government's act or failure to act has the effect, regardless of intent, of
discriminating against affordable housing in land use decisions or in the permitting
of development. It is not a violation if land used decisions or permitting of
development is based on considerations of limiting high concentrations of affordable
housing. It is not a violation if a local government whose action or inaction has an
unintended discriminatory effect proves that the action or inaction was motivated and
justified by a legitimate, bona fide governmental interest.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 51:2701- 2703)