Louisiana 2014 Regular Session

Louisiana Senate Bill SCR181 Latest Draft

Bill / Enrolled Version

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Regular Session, 2014	ENROLLED
SENATE CONCURRENT RESOLUTI ON NO. 181
BY SENATOR BROOME 
A CONCURRENT RESOLUTI ON
To urge and request the Senate Committee on Judiciary A and the House Committee on
Civil Law and Procedure to meet and function as a study committee to study legal
issues related to victims of abuse and housing.
WHEREAS, under the Louisiana Equal Housing Opportunity Act, the legislature
declares that a person in this state who seeks a place to live should be able to find such
housing whenever it is available and that all persons should therefore be able to compete for
available housing on an open, fair, and equitable basis, regardless of race, color, religion,
sex, handicap, familial status, or national origin; and
WHEREAS, Senate Bill No. 233 of the 2014 Regular Session of the Legislature of
Louisiana sought to include in the protected categories of the Louisiana Equal Housing
Opportunity Act, victims of domestic abuse; and
WHEREAS, as proposed in the bill:
(1) "Domestic abuse" includes but is not limited to physical or sexual abuse and any
offense against the person as defined in the Criminal Code of Louisiana, except negligent
injury and defamation, committed by one family or household member against another and
abuse of adults as defined in R.S. 15:1503 when committed by an adult child or adult
grandchild.
(2) "Family or household member" means a spouse, former spouse, parent, child,
stepparent, stepchild, foster parent, foster child, grandparent and grandchild; and
WHEREAS, the legislation proposed that it would be unlawful:
(1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to
negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any
person because the person was a victim of domestic abuse.
(2) To discriminate against any person in the terms, conditions, or privileges of sale
or rental of a dwelling, or in the provision of services or facilities in connection therewith,
because the person was a victim of domestic abuse. SCR NO. 181	ENROLLED
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(3) To make, print, or publish, or cause to be made, printed, or published any notice,
statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any
preference, limitation, or discrimination based on a person being a victim of domestic abuse,
or an intention to make any such preference, limitation, or discrimination.
(4) To represent to any person because the person was a victim of domestic abuse
that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact
so available.
(5) For profit, to induce or attempt to induce any person to sell or rent any dwelling
by representations regarding the entry or prospective entry into the neighborhood of a person
or persons who was a victim of domestic abuse; and
WHEREAS, the bill proposed that it would be unlawful for any person or other entity
whose business includes engaging in residential real estate related transactions to
discriminate against any person in making available such a transaction, or in the terms or
conditions of such a transaction, because the person was a victim of domestic abuse; and
WHEREAS, the bill proposed that it would be unlawful to deny any person access
to or membership or participation in any multiple-listing service, real estate brokers'
organization or other service, organization, or facility relating to the business of selling or
renting dwellings, or to discriminate against him in the terms or conditions of such access,
membership, or participation, because the person was a victim of domestic abuse; and
WHEREAS, the interrelated nature of domestic abuse and homelessness is
undeniable as victims of domestic abuse struggle to find permanent housing after fleeing
abusive circumstances; and
WHEREAS, victims of domestic abuse need safe, affordable housing or are forced
to return to their abuser or live on the streets, and because women are more likely to be
victims of domestic abuse, women and their children are often forced into homelessness; and
WHEREAS, victims of domestic abuse often face unfair eviction and denial of
housing; and
WHEREAS, other issues that arise with victims of domestic abuse include
maintaining confidentiality to ensure victim safety; the landlord's duty to provide safe
housing; the landlord's duty to change the locks at the victim's request; the landlord's duty SCR NO. 181	ENROLLED
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to protect victims who are renting from dangerous tenants; the victim's right to have the
abusive person evicted, if they live together; and the survivor's right to break the lease
without penalty to escape domestic abuse.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana hereby urges
and requests that the Senate Committee on Judiciary A and the House Committee on Civil
Law and Procedure meet and function as a joint committee to study legal issues related to
victims of abuse and housing.
BE IT FURTHER RESOLVED that for purposes of this study the committee shall
have all powers otherwise provided by law and by rule of the respective houses, individual
and jointly, as well as all powers inherent in legislative committees and that the legislative
members thereof shall receive the per diem and mileage provided for committees by the
rules of the respective house.
BE IT FURTHER RESOLVED that the committee shall make a written report of its
findings to the legislature on or before February 1, 2015, together with any specific
proposals for legislation.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES