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2019 Regular Session
SENATE BILL NO. 218
BY SENATOR BARROW
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HOUSING. Creates the shared housing initiative. (gov sig)
1 AN ACT
2 To enact Chapter 15-A of Title 33 of the Louisiana Revised Statutes of 1950, to be
3 comprised of R.S. 33:5081, relative to shared housing; to provide for legislative
4 findings; to provide for definitions; to provide relative to operating standards; to
5 provide for residency requirements and rights; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Chapter 15-A of Title 33 of the Louisiana Revised Statutes of 1950,
8 comprised of R.S. 33:5081, is hereby enacted to read as follows:
9 CHAPTER 15-A. SHARED HOUSING
10 ยง5081. Findings; declaration of necessity and purpose
11 A. It is hereby found and declared that:
12 (1) It is the policy of the state to permit and promote the availability of
13 shared housing establishments based on a social model that promotes the
14 dignity, individuality, privacy, independence, autonomy, and decision making
15 of unrelated adults.
16 (2) It is the policy of the state to enable the governing body of parishes
17 and municipalities to promote the safety, health, morals and welfare, comfort,
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1 and security of the people of the state through the provision of adequate, safe,
2 and sanitary accommodations and facilities incidental or appurtenant thereto,
3 for persons residing in shared housing establishment in this state.
4 (3) It is the policy of the state to promote a vigorous and growing
5 economy, to prevent economic stagnation, and to encourage the creation of new
6 job opportunities, to increase revenues to the state and to its parishes and
7 municipalities, and to achieve stable and diversified local economies. In
8 furtherance of these goals, it is the policy of the state to enable the governing
9 authority of parishes and municipalities to assure shared housing
10 establishments shall be operated in a manner that provides the least restrictive
11 and most homelike environment and that promotes independence, autonomy,
12 individuality, and dignity.
13 (4) It is not the intent of the state that shared housing establishments be
14 used as halfway houses for alcohol and substance abusers.
15 B. The following terms wherever used or referred to in this Chapter shall
16 have the following meanings unless a different meaning is clearly indicated in
17 the context:
18 (1) "Activities of daily living" means eating, dressing, bathing, toileting,
19 and personal hygiene.
20 (2) "Shared housing establishment" means a privately operated free-
21 standing home, residence, or any other place where sleeping accommodations
22 are provided for at least sixteen or fewer unrelated adults.
23 C. The minimum operating standards for shared housing establishments
24 shall include but not be limited to:
25 (1) Compliance with the residential board and care occupancies chapter
26 of the National Fire Protection Association's Life Safety Code, local and state
27 building codes for the building type, and accessibility standards of the
28 Americans with Disabilities Act.
29 (2) All sanitary conditions within the establishment and its surroundings,
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1 including water supply, sewage disposal, food handling, infection control, and
2 general hygiene, which shall ensure the health and comfort of residents.
3 D.(1) Each owner of the shared housing establishment shall furnish the
4 following information with the local governing authority's department that is
5 responsible for enforcing building codes:
6 (a) The owner's name, address, and telephone number, or the name,
7 address, and telephone number of the owner's agent; and
8 (b) The street address and unit number, as appropriate, for each shared
9 housing that the owner owns, leases, or subleases.
10 (2)(a) The information required under Subparagraph (C)(1) of this
11 Section shall be furnished on a form provided by the department of the local
12 governing authority responsible for enforcing building codes. The local
13 governing authority is authorized to collect from an owner filing the form. The
14 fee shall be set by ordinance and shall not exceed one hundred dollars per year.
15 (b) Any owner who fails to register as required by this Section shall be
16 assessed a fine in the amount of one hundred fifty dollars per week by the
17 department of the local governing authority that is responsible for enforcing
18 building codes. Prior to the assessment of the fine, the owner shall be given an
19 opportunity to appear and be heard at a hearing to be held concerning the
20 owner's failure to register. A written notice of the date, time, and place of the
21 hearing shall be mailed by certified with request for return receipt to the owner
22 at least fifteen days prior to the scheduled hearing.
23 E. The following residency requirements shall be strictly enforced:
24 (1) No individual shall be a resident or remain in residence if the shared
25 housing establishment cannot provide or secure appropriate services, if the
26 individual requires a level of service or type of service for which the shared
27 housing establishment is not licensed or which the shared housing establishment
28 does not provide.
29 (2) Only adults may be accepted for residency.
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1 (3)(a) A person shall not be a resident in a shared housing establishment
2 if the person poses a serious threat to himself or to others.
3 (b) The person is not able to communicate his needs.
4 (c) The person requires more than minimal assistance in moving to a safe
5 area in an emergency.
6 (d) The person has severe mental illness, which for the purposes of this
7 Section means a condition that is characterized by the presence of a major
8 mental disorder as classified in the Diagnostic and Statistical manual of Mental
9 Disorders.
10 F. No resident shall be deprived of any rights, benefits, or privileges
11 guaranteed by law, the Constitution of the United States, or the Louisiana
12 Constitution of 1974, solely on account of his status as a resident of a shared
13 housing establishment, nor shall a resident forfeit any of the following rights:
14 (1) The right to retain and use personal property and a place to store
15 personal items that is locked and secure.
16 (2) The right to respect bodily privacy and dignity at all times.
17 (3) The right to the free exercise of religion.
18 (4) The right to privacy with regard to mail, phone calls, and visitors.
19 (5) The right to be free of retaliation for criticizing the shared housing
20 establishment or making complaints to appropriate authorities.
21 Section 2. This Act shall become effective upon signature by the governor or, if not
22 signed by the governor, upon expiration of the time for bills to become law without signature
23 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
24 vetoed by the governor and subsequently approved by the legislature, this Act shall become
25 effective on the day following such approval.
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
SB 218 Original 2019 Regular Session Barrow
Proposed law declares that the policy of the state is to permit and promote the availability
of shared housing establishments based on a social model that promotes the dignity,
individuality, privacy, independence, autonomy, and decision making of unrelated adults.
Proposed law provides for the following definitions:
(1)"Activities of daily living" means eating, dressing, bathing, toileting, and personal
hygiene.
(2)"Shared housing establishment" means a privately operated free-standing home,
residence, or any other place where sleeping accommodations are provided for at
least sixteen or fewer unrelated adults.
Proposed law provides for minimum operating standards for shared housing establishments.
Proposed law requires each owner of a shared housing establishment to furnish his name,
address, and telephone number, or the name, address, and telephone number of his agent and
the street address and unit number as appropriate, for each shared housing that the owner
owns, leases, or subleases to the local governing authority's department that is responsible
for enforcing building codes.
Proposed law provides for residency requirements and rights of the resident.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 33:5081)
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