HLS 202ES-85 ORIGINAL
2020 Second Extraordinary Session
HOUSE BILL NO. 62
BY REPRESENTATIVE JAMES
CREDIT/CONSUMER: Prohibits lessors from reporting delinquent or unpaid rent to credit
reporting agencies during the COVID-19 public health emergency (Item #68)
1 AN ACT
2To enact Chapter 5 of Code Title IX of Code Book III of Title 9 of the Louisiana Revised
3 Statutes of 1950, to be comprised of R.S. 9:3391 through 3394, relative to lessors'
4 reports to credit reporting agencies; to prohibit reporting relative to nonpayments or
5 delinquent rent payments during the COVID-19 public health emergency; to provide
6 for definitions; to provide for certain limitations and exceptions with respect to
7 leased premises; to provide for termination of provisions; and to provide for related
8 matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. Chapter 5 of Code Title IX of Code Book III of Title 9 of the Louisiana
11Revised Statutes of 1950, comprised of R.S. 9:3391 through 3394, is hereby enacted to read
12as follows:
13 CHAPTER 5. PROHIBITIONS RELATING TO REPORTING OF
14 NONPAYMENTS OR DEL INQUENT RENT PAYMENTS
15 §3391. Definitions
16 As used in this Chapter, the following definitions apply:
17 (1) "Consumer reporting agency" has the meaning assigned by the Fair
18 Credit Reporting Act (15 U.S.C. Section 1681 et seq.).
19 (2) "Public health emergency" has the meaning as set forth in the provisions
20 of R.S. 29:760 et seq.
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HB NO. 62
1 §3392. Reporting prohibited
2 A lessor shall not report to a consumer reporting agency nonpayments of rent
3 or delinquent rent payments recorded against a residential lessee during the
4 COVID-19 public health emergency.
5 §3393. Limitations and exceptions
6 A. (1) The provisions of this Chapter do not relieve the obligation of a lessee
7 to pay rent or the obligations of lessors and lessees to comply with any other
8 conditions of tenancy.
9 (2) Except for reasons of nonpayment of rent, fees, interest, utilities, or other
10 failure of the lessee to perform any other monetary obligation with respect to the
11 leased premises, the provisions of this Chapter do not preclude any of the following:
12 (a) Tenancy terminations.
13 (b) Actions for possession.
14 (c) Refusals to renew or extend the terms of a tenancy.
15 (3) Except for eviction based on the nonpayment of rent, fees, interest,
16 utilities, or other failure of the lessee to perform any other monetary obligation with
17 respect to the leased premises, the provisions of this Chapter do not preclude eviction
18 of a lessee based on any of the following:
19 (a) Damage or destruction to the premises.
20 (b) Criminal activity on the premises.
21 (c) A threat to the health and safety of the public.
22 (4) A lessee may retain occupancy of a leased premises after termination or
23 expiration of a lease term during the COVID-19 public health emergency.
24 (5)(a) A court shall not enter a default judgment against a defendant in an
25 action for termination, possession, failure to vacate after termination of a lease by
26 expiration, or rent for the duration of the COVID-19 public health emergency.
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HB NO. 62
1 (b) A lessor shall not seek or collect treble damages based on the failure of
2 a lessee or authorized guest to vacate the premises for the duration of the COVID-19
3 public health emergency.
4 B. The limitations pursuant to Subsection A of this Section do not apply in
5 the following circumstances:
6 (1) An eviction action, including but not limited to a request, motion, filing,
7 or action taken or made after the lessee is no longer in possession and no longer
8 occupying the dwelling unit.
9 (2) Property rented for commercial business use.
10 (3) Eviction pursuant to Subparagraph (A)(3)(c) of this Section if the threat
11 to the health and safety of the public is that a lessee or authorized guest could
12 potentially transmit COVID-19.
13 §3394. Expiration
14 The provisions of this Chapter shall expire six months after the termination
15 or expiration of the COVID-19 public health emergency.
16 Section 2. This Act shall become effective upon signature by the governor or, if not
17signed by the governor, upon expiration of the time for bills to become law without signature
18by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
19vetoed by the governor and subsequently approved by the legislature, this Act shall become
20effective on the day following such approval.
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.
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HB NO. 62
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)
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