Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SCR181 Introduced / Bill

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Regular Session, 2014
SENATE CONCURRENT RESOLUTI ON NO. 181
BY SENATOR BROOME 
COMMITTEE STUDIES. Requests joint study of legal issues involving victims of abuse
and housing.
A CONCURRENT RESOLUTI ON1
To urge and request the Senate Committee on Judiciary A and the House Committee on2
Civil Law and Procedure to meet and function as a study committee to study legal3
issues related to victims of abuse and housing.4
WHEREAS, under the Louisiana Equal Housing Opportunity Act, the legislature5
declares that a person in this state who seeks a place to live should be able to find such6
housing whenever it is available and that all persons should therefore be able to compete for7
available housing on an open, fair, and equitable basis, regardless of race, color, religion,8
sex, handicap, familial status, or national origin; and9
WHEREAS, Senate Bill No. 233 of the 2014 Regular Session of the Legislature of10
Louisiana sought to include in the protected categories of the Louisiana Equal Housing11
Opportunity Act, victims of domestic abuse; and12
WHEREAS, as proposed in the bill:13
(1) "Domestic abuse" includes but is not limited to physical or sexual abuse and any14
offense against the person as defined in the Criminal Code of Louisiana, except negligent15
injury and defamation, committed by one family or household member against another and16
abuse of adults as defined in R.S. 15:1503 when committed by an adult child or adult17
grandchild.18 SCR NO. 181
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(2) "Family or household member" means a spouse, former spouse, parent, child,1
stepparent, stepchild, foster parent, foster child, grandparent and grandchild; and2
WHEREAS, the legislation proposed that it would be unlawful:3
(1)  To refuse to sell or rent after the making of a bona fide offer, or to refuse to4
negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any5
person because the person was a victim of domestic abuse.6
(2) To discriminate against any person in the terms, conditions, or privileges of sale7
or rental of a dwelling, or in the provision of services or facilities in connection therewith,8
because the person was a victim of domestic abuse.9
(3) To make, print, or publish, or cause to be made, printed, or published any notice,10
statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any11
preference, limitation, or discrimination based on a person being a victim of domestic abuse,12
or an intention to make any such preference, limitation, or discrimination.13
(4) To represent to any person because the person was a victim of domestic abuse14
that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact15
so available.16
(5) For profit, to induce or attempt to induce any person to sell or rent any dwelling17
by representations regarding the entry or prospective entry into the neighborhood of a person18
or persons who was a victim of domestic abuse; and19
WHEREAS, the bill proposed that it would be unlawful for any person or other entity20
whose business includes engaging in residential real estate related transactions to21
discriminate against any person in making available such a transaction, or in the terms or22
conditions of such a transaction, because the person was a victim of domestic abuse; and23
WHEREAS, the bill proposed that it would be unlawful to deny any person access24
to or membership or participation in any multiple-listing service, real estate brokers'25
organization or other service, organization, or facility relating to the business of selling or26
renting dwellings, or to discriminate against him in the terms or conditions of such access,27
membership, or participation, because the person was a victim of domestic abuse; and28
WHEREAS, the interrelated nature of domestic abuse and homelessness is29
undeniable as victims of domestic abuse struggle to find permanent housing after fleeing30 SCR NO. 181
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abusive circumstances; and1
WHEREAS, victims of domestic abuse need safe, affordable housing or are forced2
to return to their abuser or live on the streets, and because women are more likely to be3
victims of domestic abuse, women and their children are often forced into homelessness; and4
WHEREAS, victims of domestic abuse often face unfair eviction and denial of5
housing; and6
WHEREAS, other issues that arise with victims of domestic abuse include7
maintaining confidentiality to ensure victim safety; the landlord's duty to provide safe8
housing; the landlord's duty to change the locks at the victim's request; the landlord's duty9
to protect victims who are renting from dangerous tenants; the victim's right to have the10
abusive person evicted, if they live together; and the survivor's right to break the lease11
without penalty to escape domestic abuse.12
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana hereby urges13
and requests that the Senate Committee on Judiciary A and the House Committee on Civil14
Law and Procedure meet and function as a joint committee to study legal issues related to15
victims of abuse and housing. 16
BE IT FURTHER RESOLVED that for purposes of this study the committee shall17
have all powers otherwise provided by law and by rule of the respective houses, individual18
and jointly, as well as all powers inherent in legislative committees and that the legislative19
members thereof shall receive the per diem and mileage provided for committees by the20
rules of the respective house.21
BE IT FURTHER RESOLVED that the committee shall make a written report of its22
findings to the legislature on or before February 1, 2015, together with any specific23
proposals for legislation.24
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Broome	SCR No. 181
Requests Senate Committee on Judiciary A and House Committee on Civil Law and
Procedure to study legal issues jointly related to victims of abuse and housing. Requires a
written report to the legislature on or before February 1, 2015.