RÉSUMÉ DIGEST
Act 456 (SB 174) 2015 Regular Session Broome
New law applies only to a lease agreement for a residential dwelling within a building or
structure consisting of six or more separate residential dwellings. New law does not apply
to a structure consisting of 10 or fewer units and one of the units is occupied by the owner
or lessor.
New law defines the following terms: "domestic abuse", "domestic abuse offender",
"domestic abuse victim", "household member", "reasonable documentation", and "qualified
third party".
New law provides that no lease agreement shall:
(1)Limit the lessee's right to summon, or any other person's right to summon, a law
enforcement officer or other emergency assistance in response to an emergency
following an incident on the leased premises.
(2)Assess monetary penalties or other penalties under the lease for the lessee
summoning, or for any other person summoning, a law enforcement officer or other
emergency assistance in response to an emergency on the leased premises.
Lease provision in violation of new law is null, void, and unenforceable.
New law provides that the lessor shall not:
(1)Refuse to enter into the lease agreement solely on the basis that an applicant, or that
applicant's household member, is or has been a victim of domestic abuse, or on the
basis of activity directly related to domestic abuse, if that applicant provides
reasonable documentation and otherwise qualifies to enter into a lease agreement.
Provides that this prohibition does not apply to an applicant who has previously been
evicted by the lessor for any reason.
(2)Terminate the lease agreement, fail to renew the lease agreement, or issue an eviction
notice or notice to vacate on the basis that an act of domestic abuse or activity
directly related to domestic abuse occurred on the leased premises and the victim is
a lessee or a lessee's household member. Further provides that if the continued
presence of a domestic abuse offender results in one or more additional disturbances
or altercations which pose a threat to the safety or peaceable possession of the
premises by the lessee or other residents, the lessor may evict the lessee even if the
offender was uninvited or unwelcomed by the lessee.
Requires an applicant, lessee, or household member who seeks protection pursuant to new
law to provide to the lessor reasonable documentation of domestic abuse prior to the date of
the lease application, lease termination, lease non-renewal, or before the judgment or order
of eviction is rendered. Failure to do so results in a bar to a claim or cause of action against
the lessor for violation of new law.
Requires that if the sole reason the eviction notice or notice to vacate was issued was a single
act of domestic abuse and not an additional act of domestic abuse, no breach of the lease has
been alleged, and the lessor receives reasonable documentation of domestic abuse before the
judgment or order of eviction is rendered, then the lessor is to rescind the eviction notice or
notice to vacate.
New law provides that in order to receive an early termination, a lessee shall:
(1)Assert in writing to the lessor that the lessee or household member is a domestic
abuse victim and that the lessee seeks the particular accommodation afforded under
new law.
(2)Provide to the lessor reasonable documentation of domestic abuse on the leased
premises within the past 30 days.
(3)Assert in writing that the lessee will not knowingly voluntarily permit the domestic
abuse offender further access to the residential dwelling unit. (4)Otherwise meet or agree to fulfill all requirements of a lessee under the lease
agreement.
(5)If requested by the lessor, provide in writing the name and address of the person
named as the defendant, perpetrator or abuser in Uniform Abuse Prevention Order
or Certification of Domestic Abuse form.
New law provides for the effects of early termination of a lease pursuant to new law
including the liability for rent and circumstances in which there are multiple lessees.
New law is not to be construed to limit a lessor's right to refuse to enter into a lease
agreement, terminate a lease agreement, fail to renew a lease agreement, or issue an eviction
notice or notice to vacate to a lessee or tenants pursuant to law for actions unrelated to the
act of domestic abuse, except that a lessor shall be entitled to an immediate eviction of the
domestic abuse offender upon presenting the court with reasonable documentation of the
abuse. New law does not limit a lessee's obligation as required by a lease agreement
between the lessor and lessee.
New law provides for a form for a Certification of Domestic Abuse.
New law provides that a civil action for enforcement of rights granted pursuant to new law
may be commenced in state district court by a domestic abuse victim within one year of an
alleged violation of new law. Provides that in the civil action, the court may only grant as
relief any permanent or temporary injunction, temporary restraining order, or other similar
order, as the court deems appropriate.
Provides for sanctions when the court determines an action to be frivolous, and provides that
no civil action may be brought if the plaintiff or the plaintiff's household member knowingly
and voluntarily permitted the domestic abuse offender access to the residential dwelling unit
after requesting an accommodation pursuant to new law. Further provides immunity from
liability for lessors or owners of residential dwellings who institute eviction proceedings
pursuant to new law.
New law will not supercede certain sections of the Code of Federal Regulations.
Effective August 1, 2015.
(Adds R.S. 9:3261.1)