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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 R.S. 51:2604.1, relative to the Louisiana Equal Housing Opportunity Act; to2
provide for discrimination in land use or land development decisions; to provide for3
unlawful acts; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 51:2604.1 is hereby enacted to read as follows: 6
ยง2604.1. Discrimination against land usage prohibited7
A. It shall be an unlawful discriminatory housing practice to8
discriminate in land use decisions or in the permitting of development based on9
race, color, religion, sex, national origin, disability, familial status, or, except as10
otherwise provided by law, the fact that a development or proposed11
development contains affordable housing units for families or individuals with12
incomes below eighty percent of area median income. It shall not be a violation13
if land use decisions or permitting of development is based on considerations of14
limiting high concentrations of affordable housing.15
B. It is unlawful if:16
(1) A person by his act or failure to act intends to discriminate against17 SB NO. 762
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a person. A person intends to discriminate if, in committing an unlawful1
discriminatory housing practice, he was motivated in full or in any part2
whatsoever, by race, color, religion, sex, national origin, disability, or familial3
status. An intent to discriminate may be established by direct or circumstantial4
evidence.5
(2) A person's act or failure to act has the effect, regardless of intent, of6
discriminating against a person of a particular race, color, religion, sex, national7
origin, disability, or familial status. However, it is not a violation of this8
Chapter if a person whose action or inaction has an unintended discriminatory9
effect proves that his action or inaction was motivated and justified by business10
necessity.11
(3) A local governmental subdivision's act or failure to act in land use12
decisions or in the permitting of development is intended to discriminate against13
affordable housing. A local governmental subdivision intends to discriminate14
if, in committing an unlawful discriminatory housing practice, the local15
governmental subdivision was motivated in full or in any part whatsoever by16
the fact that a development or proposed development contains affordable17
housing units for families or individuals with incomes below eighty percent of18
area median income. It is not a violation if land use decisions or permitting of19
development is based on considerations of limiting high concentrations of20
affordable housing. An intent to discriminate may be established by direct or21
circumstantial evidence.22
(4) A local governmental subdivision's act or failure to act has the effect,23
regardless of intent, of discriminating against affordable housing in land use24
decisions or in the permitting of development. It is not a violation if land use25
decisions or permitting of development is based on considerations of limiting26
high concentrations of affordable housing. It is not a violation if a local27
governmental subdivision whose action or inaction has an unintended28
discriminatory effect proves that the action or inaction was motivated and29 SB NO. 762
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justified by a legitimate, bona fide governmental interest.1
Section 2. This Act shall become effective upon signature by the governor or, if not2
signed by the governor, upon expiration of the time for bills to become law without signature3
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If4
vetoed by the governor and subsequently approved by the legislature, this Act shall become5
effective on the day following such approval.6
The original instrument was prepared by James Benton. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by McHenry Lee.
DIGEST
Broome (SB 762)
Present law [R.S. 51:2601 et al.] provides for equal housing opportunities in an effort to
discourage discriminatory housing practices. Lists specifics acts that discriminate.
Proposed law adds discrimination in land usage as another violation of the Louisiana Equal
Housing Opportunity 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, disability, 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 whatsoever, by race, color, religion,
sex, national origin, disability, 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, disability,
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
government intends to discriminate if, in committing an unlawful discriminatory
housing practice, the local government was motivated in full or in any part
whatsoever by the fact that a development or 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. SB NO. 762
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(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. 51:2604.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Local and Municipal
Affairs to the original bill.
1. Incorporates proposed law into present law's Louisiana Equal Housing
Opportunity Act .
2. Changes the term "handicapping condition" to "disabilities".
Senate Floor Amendments to engrossed bill.
1. Legislative Bureau technical amendments.