Louisiana 2019 2019 Regular Session

Louisiana Senate Bill SR203 Enrolled / Bill

                    2019 Regular Session	ENROLLED
SENATE RESOLUTION NO. 203
BY SENATOR BARROW 
A RESOLUTION
To continue and provide with respect to the Task Force on Prevention of Human
Degradation and Exploitation of Vulnerable Individuals in Community-Based
Residential Settings created by Senate Resolution No. 23 of the 2018 Second
Extraordinary Session of the Legislature.
WHEREAS, through Senate Resolution No. 23 of the 2018 Second Extraordinary
Session, the legislature formed a task force to study and make recommendations relative to
current and proposed regulations necessary to protect nonrelated individuals residing in a
single dwelling from a property owner or landlord who acts without regard to basic rights
and responsibilities owed to his tenants; and
WHEREAS, after months of research and numerous public meetings, Senate Bill No.
218 of the 2019 Regular Session of the Legislature was filed to establish a minimum
standard for shared housing establishments, which included certain residency prohibitions
that were suggested to be in violation of the Fair Housing Act, 42 USC 3601 et seq.; and
WHEREAS, in an effort to clarify that Senate Bill No. 218 was not intended to
discriminate against any resident, it was amended in the Senate Committee on Health and
Welfare to establish a rental housing registry and apply to all rental properties regardless of
the unique characteristics of its residents; and
WHEREAS, this equal application to all rental properties drew insurmountable
opposition from landlords and property owners who would be subject to the rental housing
registry; and 
WHEREAS, after meeting with the opposition and sincerely attempting to address
expressed concerns, Senate Bill No. 218 was amended on the Senate floor to limit the
requirement of the rental housing registry to single-family dwellings that were rented to four
or more unrelated adults, to exempt apartments, complexes, and residential dwellings
licensed by the Louisiana Department of Health and the Louisiana Department of Children
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and Family Services, and to place all authority for implementation and enforcement with the
local parish and municipal governing bodies to be accomplished by local ordinance; and
WHEREAS, even with these significant changes to Senate Bill No. 218, the
opposition was unwavering and, due to the short nature of a regular fiscal legislative session,
time did not allow for further negotiation; and
WHEREAS, the work of the Task Force on Prevention of Human Degradation and
Exploitation of Vulnerable Individuals in Community-Based Residential Settings is not
complete until a legal and fair solution to the problem of unregulated rental housing is
devised and implemented, and it is imperative that those organizations that oppose Senate
Bill No. 218 join in this effort to craft a solution that works for all.
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
does hereby continue and provide with respect to the Task Force on Prevention of Human
Degradation and Exploitation of Vulnerable Individuals in Community-Based Residential
Settings, created by Senate Resolution No. 23 of the 2018 Second Extraordinary Session of
the Legislature.
BE IT FURTHER RESOLVED that the task force shall continue to study the
following as set forth in its original charge:
(1) All present federal and state laws, rules, and regulations, as well as local
ordinances in existence, to protect vulnerable individuals from degradation and exploitation
by certain property owners or landowners.
(2) Any state laws, rules, and regulations or local ordinances proposed, as necessary,
to protect vulnerable individuals from degradation and exploitation by certain property
owners or landowners. 
(3) Any proposals for regulation of community-based residential settings in which
nonrelated individuals reside in a single dwelling and the rent or fees paid to the property
owner or landowner are derived from government-funded assistance, such as social security
payments, Supplemental Nutrition Assistance Program (SNAP) food stamps, or other federal
or state stipends or subsidies.
(4) Any civil or criminal penalties to be assessed against a property owner or
landowner who manipulates, scams, exploits, or stockpiles individuals in unclean, unsafe,
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overcrowded, and unhealthy community-based residential settings.
(5) Any transition or relocation plan for vulnerable individuals who reside in a
community-based setting that is deemed unclean, unsafe, overcrowded, and unhealthy.
(6) Any other recommendation deemed important by the task force to address this
matter.
BE IT FURTHER RESOLVED that the original fifteen members of the task force
continue with their service and shall be joined by the following five new members:
(1) The president of the Building Officials Association of Louisiana or his designee.
(2) The executive director of the Apartment Association of Louisiana, Inc. or his
designee.
(3) The executive director of the Louisiana Home Builders Association of Louisiana
or his designee.
(4) The executive director of the Louisiana Housing Corporation or his designee.
(5) The executive director of the Greater New Orleans Fair Housing Action Center
or his designee.
BE IT FURTHER RESOLVED that the task force shall convene, including its new
members, on or before October 1, 2019, shall meet as often as is necessary to fulfill its
mission, and shall submit a report, including a legislative proposal, to the Louisiana Senate
on or before February 1, 2020. 
BE IT FURTHER RESOLVED that the task force shall terminate on July 1, 2020.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
secretary of the Louisiana Department of Health, the state health officer, the director of the
health standards section within the Louisiana Department of Health, the director of the adult
protective services section within the Louisiana Department of Health, the secretary of the
Department of Children and Family Services, the attorney general, the state fire marshal, the
executive director of the Louisiana Municipal Association, the executive director of the
Police Jury Association of Louisiana, the executive director of the Advocacy Center of
Louisiana, the executive director of the Louisiana Sheriffs' Association, the executive
director of the Louisiana District Attorneys Association, the chairman of the Senate
Committee on Health and Welfare, the executive director of the Governor's Office of Elderly
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Affairs, the chairman of the Senate Committee on Judiciary C, the president of the Building
Officials Association of Louisiana, the executive director of the Apartment Association of
Louisiana, Inc., the executive director of the Louisiana Home Builders Association of
Louisiana, the executive director of the Louisiana Housing Corporation, and the executive
director of the Greater New Orleans Fair Housing Action Center.
PRESIDENT OF THE SENATE
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