HLS 14RS-537 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 871
BY REPRESENTATIVE SMITH
HOUSING: Provides relative to discriminatory housing practices
AN ACT1
To amend and reenact R.S. 51:2602(A), 2603, 2606(A)(1) through (5), (B), and (C), and2
2607(A) and (C), and 2608 and to enact R.S. 51:2606(A)(7) and (D), relative to the3
Louisiana Equal Housing Opportunity Act; to prohibit or place limitations on4
discriminatory housing practices based on sexual orientation, gender identity and5
expression, marital and veteran's statuses, lawful source of income, arrest or6
conviction record, and domestic abuse status; to provide for definitions; and to7
provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 51:2602(A), 2603, 2606(A)(1) through (5), (B), and (C), 2607(A)10
and (C), and 2608 are hereby amended and reenacted and R.S. 51:2606(A)(7) and (D) are11
enacted to read as follows:12
§2602. Policy13
A. The legislature finds and declares that persons in this state who seek a14
place to live should be able to find such housing whenever it is available. Further,15
in many localities there may be housing shortages. All persons should therefore be16
able to compete for available housing on an open, fair, and equitable basis, regardless17
of race, color, religion, sex, sexual orientation, gender identity, gender expression,18
handicap, familial status, marital status, veteran's status, lawful source of income,19
arrest or conviction record, status as a victim of domestic abuse, or national origin.20 HLS 14RS-537 ORIGINAL
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§2603. Definitions 2
As used in this Chapter: 3
(1) "Aggrieved person" includes any person who: 4
(a) Claims to have been injured by a discriminatory housing practice; or 5
(b) Believes that he will be injured by a discriminatory housing practice that6
is about to occur.7
(2) "Arrest or conviction record" means:8
(a) Any information indicating that a person has been questioned,9
apprehended, taken into custody or detention, held for investigation, arrested,10
charged with, indicted, or tried for a felony, misdemeanor, or other offense pursuant11
to any law enforcement or military authority.12
(b) Any information indicating that a person has been convicted of a felony,13
misdemeanor, or other offense, placed on probation, fined, imprisoned, or paroled14
pursuant to any law enforcement or military authority.15
(2) (3) "Complainant" means that person who files a complaint pursuant to16
R.S. 51:2611.17
(3) (4) "Conciliation" means the attempted resolution of issues raised by a18
complaint, or by the investigation of such complaint, through informal negotiations19
involving the aggrieved person, the respondent, and the attorney general or his20
designee.21
(4) (5) "Conciliation agreement" means a written agreement setting forth the22
resolution of the issues in conciliation.23
(5) (6) "Discriminatory housing practice" means an act that is unlawful24
pursuant to R.S. 51:2606 through 2609.25
(6) (7) "Dwelling" means any building, structure, or portion thereof which26
is occupied as, or designed or intended for occupancy as, a residence by one or more27
families, and any vacant land which is offered for sale or lease for the construction28
or location thereon at any such building, structure, or portion thereof.29 HLS 14RS-537 ORIGINAL
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(7)(a) (8)(a) "Familial status" means one or more individuals, who have not1
attained the age of eighteen years, being domiciled with:2
(I) A parent or another person having legal custody of such individual or3
individuals; or.4
(ii) The designee of such parent or other person having such custody, with5
the written permission of such parent or other person.6
(b) The protections afforded against discrimination on the basis of familial7
status shall apply to any person who is pregnant or is in the process of securing legal8
custody of any individual who has not attained the age of eighteen years.9
(8) (9) "Family" includes a single individual.10
(10) "Gender expression" means a person's actual or perceived gender-11
related appearance or behavior, regardless of the person's designated sex at birth.12
(11) "Gender identity" means a person's actual or perceived gender-related13
identity, regardless of the person's designated sex at birth.14
(9)(a) (12)(a) "Handicap" means, with respect to a person: 15
(I) A physical or mental impairment which substantially limits one or more16
of such person's major life activities.17
(ii) A record of having such an impairment; or18
(iii) Being regarded as having such an impairment,19
(b) Such term does not include current, illegal use of, or addiction to a20
controlled substance as defined in Section 102 of the Controlled Substances Act, 2121
U.S.C. 802.22
(13) "Marital status" means being married, divorced, widowed, separated,23
single, or a cohabitant.24
(10) (14) "Person" includes one or more individuals, corporations,25
partnerships, associations, labor organizations, legal representatives, mutual26
companies, joint stock companies, trusts, unincorporated organizations, trustees,27
trustees in bankruptcy, receivers, and fiduciaries.28 HLS 14RS-537 ORIGINAL
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(11) (15) "Respondent" means the person or other entity accused in a1
complaint of a discriminatory housing practice, or, any other person or entity2
identified in the course of an investigation and notified that they are a respondent3
who shall be joined in the complaint.4
(16) "Sexual orientation" means a person's actual or perceived5
homosexuality, heterosexuality, or bisexuality.6
(12) (17) "To rent" includes to lease, to sublease, to let, and otherwise to7
grant for a consideration the right to occupy premises owned by the occupant.8
(18) "Veteran's status" means the status of having been honorably discharged9
from the armed forces of the United States including reserved components of the10
armed forces, the Army National Guard and the Air National Guard, the11
commissioned corps of the Public Health Service, and any other category of persons12
designated by the president in time of war or emergency.13
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§2606. Discrimination in sale or rental of housing and other prohibited practices15
A. As made applicable by R.S. 51:2604, and except as exempted by16
Subsection B thereof and R.S. 51:2605, it is unlawful:17
(1) To refuse to sell or rent after the making of a bona fide offer, or to refuse18
to negotiate for the sale or rental of, or otherwise make unavailable or deny, a19
dwelling to any person because of race, color, religion, sex, sexual orientation,20
gender identity, gender expression, familial status, marital status, veteran's status,21
lawful source of income, status as a victim of domestic abuse, or national origin.22
(2) To discriminate against any person in the terms, conditions, or privileges23
of sale or rental of a dwelling, or in the provision of services or facilities in24
connection therewith, because of race, color, religion, sex, sexual orientation, gender25
identity, gender expression, familial status, marital status, veteran's status, lawful26
source of income, arrest or conviction record, status as a victim of domestic abuse,27
or national origin.28 HLS 14RS-537 ORIGINAL
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(3) To make, print, or publish, or cause to be made, printed, or published any1
notice, statement, or advertisement, with respect to the sale or rental of a dwelling2
that indicates any preference, limitation, or discrimination based on race, color,3
religion, sex, sexual orientation, gender identity, gender expression, handicap,4
familial status, marital status, veteran's status, lawful source of income, arrest or5
conviction record, status as a victim of domestic abuse, or national origin, or an6
intention to make any such preference, limitation, or discrimination.7
(4) To represent to any person because of race, color, religion, sex, sexual8
orientation, gender identity, gender expression, handicap, familial status, marital9
status, veteran's status, lawful source of income, arrest or conviction record, status10
as a victim of domestic abuse, or national origin that any dwelling is not available11
for inspection, sale, or rental when such dwelling is in fact so available.12
(5) For profit, to induce or attempt to induce any person to sell or rent any13
dwelling by representations regarding the entry or prospective entry into the14
neighborhood of a person or persons of a particular race, color, religion, sex, sexual15
orientation, gender identity, gender expression, familial status, marital status,16
veteran's status, lawful source of income, arrest or conviction record, status as a17
victim of domestic abuse, or national origin.18
* * *19
(7) To request, inquire into, or consider the arrest or conviction record of any20
person when such request for, inquiry into, or consideration of the arrest or21
conviction record is made prior to a bonafide offer of tenancy with respect to the22
rental of a dwelling or a contract to purchase the dwelling being presented to the23
seller with respect to the sale of a dwelling.24
B.(1) In the selling or renting of housing described in R.S. 51:2604(A)(5),25
but not housing described in R.S. 51:2604(A)(1) through (4) or exempted by R.S.26
51:2605, it is unlawful to refuse to sell or rent, refuse to negotiate for the sale or27
rental of, or otherwise make unavailable or deny housing to any person because of28
an arrest record unless, given the nature of the housing, a reasonable person would29 HLS 14RS-537 ORIGINAL
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have a justifiable fear for the safety of the landlord or tenant property or for the1
safety of other residents or employees.2
(2) A person who refuses to rent or sell, negotiate for the sale or rental of, or3
otherwise make unavailable or deny housing described in R.S. 51:2604(A)(5)4
because an arrest or conviction record of the other party would cause a reasonable5
person to have a justifiable fear for the safety of the landlord or tenant property or6
for the safety of other residents or employees shall provide the rejected party written7
statement of refusal detailing.8
C. Nothing in this Section shall be construed to invalidate or limit any law9
of this state or a political subdivision of this state that requires dwellings to be10
designed and constructed in a manner that affords handicapped persons greater11
access than is required by this Section.12
C. D. Nothing in this Section requires that a dwelling be made available to13
an individual whose tenancy would constitute a direct threat to the health or safety14
of other individuals or whose tenancy would result in substantial physical damage15
to the property of others.16
§2607. Discrimination in residential real estate related transactions17
A. It is unlawful for any person or other entity whose business includes18
engaging in residential real estate related transactions to discriminate against any19
person in making available such a transaction, or in the terms or conditions of such20
a transaction, because of race, color, religion, sex, sexual orientation, gender identity,21
gender expression, handicap, familial status, marital status, veteran's status, lawful22
source of income, arrest or conviction record, status as a victim of domestic abuse,23
or national origin.24
* * *25
C. Nothing in this Chapter prohibits a person engaged in the business of26
furnishing appraisals of real property to take into consideration factors other than27
race, color, religion, national origin, sex, sexual orientation, gender identity, gender28
expression, handicap, or familial status, marital status, veteran's status, lawful source29 HLS 14RS-537 ORIGINAL
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of income, arrest or conviction record, status as a victim of domestic abuse, or1
national origin.2
§2608. Discrimination in provision of brokerage services3
It is unlawful to deny any person access to or membership or participation in4
any multiple-listing service, real estate brokers' organization or other service,5
organization, or facility relating to the business of selling or renting dwellings, or to6
discriminate against him in the terms or conditions of such access, membership, or7
participation, on account of race, color, religion, sex, sexual orientation, gender8
identity, gender expression, handicap, familial status, marital status, veteran's status,9
lawful source of income, arrest or conviction record, status as a victim of domestic10
abuse, or national origin.11
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)]
Smith HB No. 871
Abstract: Makes various changes to provisions of the La. Equal Housing Opportunity Act.
Present law of the La. Equal Housing Opportunity Act generally provides that all persons
should be able to compete for available housing on an open, fair, and equitable basis,
regardless of race, color, religion, sex, familial status, or national origin.
Proposed law adds a person's sexual orientation, gender identity, gender expression, marital
status, veteran's status, lawful source of income, and status as a victim of domestic abuse to
the La. Equal Housing Opportunity Act as factors not to be considered in the competition
for available housing.
Proposed law defines "arrest or conviction record" as information indicating a person's
questioning, apprehension, custody or detention, hold for investigation, arrest, charge,
indictment, or trial for a felony, misdemeanor, or other offense pursuant to any law
enforcement or military authority. Proposed law further provides that "arrest or conviction
record" means information indicating a person's conviction of a felony, misdemeanor, or
other offense, placement on probation, applicable fine, imprisonment, or parole pursuant
to any law enforcement or military authority.
Proposed law defines "gender expression" as a person's actual or perceived gender-related
appearance or behavior, regardless of the person's designated sex at birth.
Proposed law defines "gender identity" as a person's actual or perceived gender-related
identity, regardless of the person's designated sex at birth.
Proposed law defines a person's "marital status" as being married, divorced, widowed,
separated, single, or a cohabitant. HLS 14RS-537 ORIGINAL
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Proposed law defines "sexual orientation" as a person's actual or perceived homosexuality,
heterosexuality, or bisexuality.
Proposed law defines "veteran's status" as one's status of having been honorably discharged
from the armed forces of the United States including reserved components of the armed
forces, the Army National Guard and the Air National Guard, the commissioned corps of the
Public Health Service, and any other category of persons designated by the president in time
of war or emergency.
Proposed law provides that in the selling or renting of certain nonpublic and nonfederal
assistance housing, it is unlawful to refuse to sell or rent, refuse to negotiate for the sale or
rental of, or otherwise make unavailable or deny housing to any person because of an arrest
record unless, given the nature of the housing, a reasonable person would have a justifiable
fear for the safety of the landlord or tenant property or for the safety of other residents or
employees.
Proposed law provides that, when a person who refuses to rent or sell, negotiate for the sale
or rental of, or otherwise make unavailable or deny certain nonpublic or nonfederal
assistance housing because an arrest or conviction record would cause a reasonable person
to have a justifiable fear for the safety of the landlord or tenant property or for the safety of
other residents or employees, he shall provide the rejected party a written statement of
refusal detailing.
(Amends R.S. 51:2602(A), 2603, 2606(A)(1)-(5), (B), and (C), 2607(A) and (C), and 2608;
Adds R.S. 51:2606(A)(7) and (D))