Louisiana 2012 Regular Session

Louisiana House Bill HB448 Latest Draft

Bill / Introduced Version

                            HLS 12RS-748	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 448
BY REPRESENTATIVE ABRAMSON
CIVIL/LAW:  Provides relative to the enforcement of fair housing laws
AN ACT1
To amend and reenact R.S. 51:2613(A) and (B) and 2614(A), relative to enforcement of the2
Louisiana Equal Housing Opportunity Act; to provide access to a federal district3
court by a private person for discriminatory housing practices; to authorize the4
attorney general to bring a civil action on behalf of the state or a private person for5
discriminatory housing practices; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 51:2613(A) and (B) and 2614(A) are hereby amended and reenacted8
to read as follows: 9
§2613.  Enforcement by private persons10
A. If no complaint has been filed with the attorney general pursuant to R.S.11
51:2611, an aggrieved person may commence a civil action for enforcement of the12
rights granted pursuant to this Chapter in an appropriate state court of general13
jurisdiction or federal district court within two years after the alleged discriminatory14
housing practice occurred.15
B. An action to obtain relief arising from a breach of conciliation agreement16
entered into pursuant to this Chapter may be commenced in an appropriate state17
court of general jurisdiction or federal district court within one year after the alleged18
breach.19
*          *          *20 HLS 12RS-748	ORIGINAL
HB NO. 448
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§2614.  Enforcement by attorney general 1
A. If, after investigation of a complaint filed pursuant to R.S. 51:2611 or2
referred to an agency of this state pursuant to 42 U.S.C. 3610, the attorney general3
finds reasonable cause to believe that any person or group of persons is engaged in4
resistance to the full enjoyment of any of the rights granted pursuant to this Chapter5
or that any person or group of persons has been denied any of the rights granted6
pursuant to this Chapter, and the complainant, the respondent, and the attorney7
general have not entered into a conciliation agreement, he shall bring a civil action8
in any appropriate state or federal district court requesting relief. The attorney9
general may bring such a civil action pursuant to this Subsection on behalf of the10
state, an aggrieved person, or both, and may request any other relief to which the11
state or an aggrieved person may be entitled, including an application for a12
permanent or temporary injunction, restraining order, or other order against the13
person or persons responsible for the resistance or denial of rights.14
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Section 2. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If18
vetoed by the governor and subsequently approved by the legislature, this Act shall become19
effective on the day following such approval.20
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Abramson	HB No. 448
Abstract: Provides access to the federal courts to commence a civil action for enforcement
of the La. Equal Housing Opportunity Act by a private person or the attorney general
on behalf of a private person.
Present law provides that if no complaint has been filed with the attorney general, an
aggrieved person is authorized to commence a civil action for enforcement in a state court
of general jurisdiction within two years after the alleged discriminatory housing practice
occurred. HLS 12RS-748	ORIGINAL
HB NO. 448
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law retains present law and adds jurisdiction for enforcement in the federal district
courts.
Present law authorizes the attorney general to bring a civil action in any appropriate state
district court requesting relief if, after an investigation or complaint has been filed,
reasonable cause has been found to believe that any person or group is engaged in the
resistance or denial of the rights provided for in the La. Equal Housing Opportunity Act.
Proposed law retains present law and adds authorization for the attorney general to bring a
civil action and request relief on behalf of the state or an aggrieved person or both.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 51:2613(A) and (B) and 2614(A))