HLS 12RS-748 ORIGINAL Page 1 of 3 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 Page 2 of 3 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 * * *15 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 Page 3 of 3 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))