DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 62 Original 2020 Second Extraordinary Session James
Abstract: Prohibits lessors from reporting nonpayments or delinquent rent of lessees to credit
reporting agencies during the COVID-19 public health emergency and provides limitations
and exceptions relative to leased premises.
Proposed law defines "credit reporting agency" and "public health emergency".
Proposed law prohibits lessors from reporting the nonpayments or delinquent rent of lessees to credit
reporting agencies during the COVID-19 public health emergency.
Proposed law provides certain limitations and exceptions. Except for the nonpayment of rent, fees,
interest, utilities, or other failure of the lessee to perform monetary obligations with respect to the
leased premises, proposed law does not preclude any of the following:
(1) Tenancy terminations.
(2) Actions for possession.
(3) Refusals to renew or extend the terms of a tenancy.
Except for the nonpayment of rent, fees, interest, utilities, or other failure of the lessee to perform
monetary obligations with respect to the leased premises, proposed law does not preclude eviction
of a lessee based on any of the following:
(1) Damage or destruction to the premises.
(2) Criminal activity on the premises.
(3) A threat to the health and safety of the public.
Proposed law provides that a lessee may retain occupancy of a leased premises after termination or
expiration of a lease term during the COVID-19 public health emergency.
Proposed law prohibits a default judgment against a defendant in an action for termination,
possession, failure to vacate after termination of a lease by expiration, or rent for the duration of the
COVID-19 public health emergency. Further prohibits lessors from seeking or collecting treble
damages based on the failure of a lessee or authorized guest to vacate the premises for the duration of the public health emergency.
Proposed law does not apply in the following circumstances:
(1) An eviction action, including but not limited to a request, motion, filing or action taken or made
after the lessee is no longer in possession and no longer occupying the dwelling unit.
(2) Property rented for commercial business use.
(3) Eviction for threat to the health and safety of the public, if the lessee or authorized guest could
potentially transmit COVID-19.
Proposed law terminates 6 months after the termination or expiration of the COVID-19 public health
emergency.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 9:3391-3394)