Louisiana 2021 2021 Regular Session

Louisiana House Bill HB282 Introduced / Bill

                    HLS 21RS-262	ORIGINAL
2021 Regular Session
HOUSE BILL NO. 282
BY REPRESENTATIVE FREEMAN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
DISCRIMINATION:  Provides relative to discrimination in sale or rental of housing and
other prohibited practices
1	AN ACT
2To amend and reenact R.S. 51:2602(A), 2603(10) through (12), 2606(A)(1) through (5),
3 2607(A) and (C), and 2608 and to enact R.S. 51:2603(13) and (14), relative to
4 discrimination in the sale or rental of housing; to prohibit discriminatory housing
5 practices based on sexual orientation and gender identity; to provide for definitions;
6 and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1.  R.S. 51:2602(A), 2603(10) through (12), 2606(A)(1) through (5), 2607(A)
9and (C), and 2608 are hereby amended and reenacted and R.S. 51:2603(13) and (14) are
10hereby enacted to read as follows: 
11 §2602.  Policy
12	A.  The legislature finds and declares that persons in this state who seek a
13 place to live should be able to find such housing whenever it is available.  Further,
14 in many localities there may be housing shortages.  All persons should therefore be
15 able to compete for available housing on an open, fair, and equitable basis, regardless
16 of race, color, religion, sex, sexual orientation, gender identity, disability, familial
17 status, or national origin.
18	*          *          *
19 §2603.  Definitions
20	As used in this Chapter:
21	*          *          *
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CODING:  Words in struck through type are deletions from existing law; words underscored
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1	(10)  "Gender identity" means a person's actual or perceived gender-related
2 identity with or without regard to the person's designated sex at birth.
3	(10) (11)  "Person" includes one or more individuals, corporations,
4 partnerships, associations, labor organizations, legal representatives, mutual
5 companies, joint stock companies, trusts, unincorporated organizations, trustees,
6 trustees in bankruptcy, receivers, and fiduciaries.
7	(11) (12)  "Respondent" means the person or other entity accused in a
8 complaint of a discriminatory housing practice, or, any other person or entity
9 identified in the course of an investigation and notified that they are a respondent
10 who shall be joined in the complaint.
11	(13)  "Sexual orientation" means a person's actual or perceived
12 heterosexuality, homosexuality, or bisexuality.
13	(12) (14)  "To rent" includes to lease, to sublease, to let, and otherwise to
14 grant for a consideration the right to occupy premises owned by the occupant.
15	*          *          *
16 §2606.  Discrimination in sale or rental of housing and other prohibited practices
17	A.  As made applicable by R.S. 51:2604, and except as exempted by
18 Subsection B thereof and R.S. 51:2605, it is unlawful:
19	(1)  To refuse to sell or rent after the making of a bona fide offer, or to refuse
20 to negotiate for the sale or rental of, or otherwise make unavailable or deny, a
21 dwelling to any person because of race, color, religion, sex, sexual orientation,
22 gender identity, familial status, or national origin.
23	(2)  To discriminate against any person in the terms, conditions, or privileges
24 of sale or rental of a dwelling, or in the provision of services or facilities in
25 connection therewith, because of race, color, religion, sex, sexual orientation, gender
26 identity, familial status, or national origin.
27	(3)  To make, print, or publish, or cause to be made, printed, or published any
28 notice, statement, or advertisement, with respect to the sale or rental of a dwelling
29 that indicates any preference, limitation, or discrimination based on race, color,
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HB NO. 282
1 religion, sex, sexual orientation, gender identity, disability, familial status, or
2 national origin, or an intention to make any such preference, limitation, or
3 discrimination.
4	(4)  To represent to any person because of race, color, religion, sex, sexual
5 orientation, gender identity, disability, familial status, or national origin that any
6 dwelling is not available for inspection, sale, or rental when such dwelling is in fact
7 so available.
8	(5)  For profit, to induce or attempt to induce any person to sell or rent any
9 dwelling by representations regarding the entry or prospective entry into the
10 neighborhood of a person or persons of a particular race, color, religion, sex, sexual
11 orientation, gender identity, disability, familial status, or national origin.
12	*          *          *
13 §2607.  Discrimination in residential real estate related transactions
14	A.  It is unlawful for any person or other entity whose business includes
15 engaging in residential real estate related transactions to discriminate against any
16 person in making available such a transaction, or in the terms or conditions of such
17 a transaction, because of race, color, religion, sex, sexual orientation, gender identity,
18 disability, familial status, or national origin.
19	*          *          *
20	C.  Nothing in this Chapter prohibits a person engaged in the business of
21 furnishing appraisals of real property to take into consideration factors other than
22 race, color, religion, national origin, sex, sexual orientation, gender identity,
23 disability, or familial status.
24 §2608.  Discrimination in provision of brokerage services
25	It is unlawful to deny any person access to or membership or participation in
26 any multiple-listing service, real estate brokers' organization or other service,
27 organization, or facility relating to the business of selling or renting dwellings, or to
28 discriminate against him in the terms or conditions of such access, membership, or
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HB NO. 282
1 participation, on account of race, color, religion, sex, sexual orientation, gender
2 identity, disability, familial status, or national origin.
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 282 Original 2021 Regular Session	Freeman
Abstract:  Makes various changes to the La. Equal Housing Opportunity Act to prohibit
housing discrimination based on sexual orientation and gender identity.
Present law of the La. Equal Housing Opportunity Act generally provides that all persons
should be able to compete for available housing on an open, fair, and equitable basis,
regardless of race, color, religion, sex, disability, familial status, or national origin.
Proposed law retains present law and adds a person's sexual orientation and gender identity
to the La. Equal Housing Opportunity Act as factors not to be considered in the competition
for available housing.
Proposed law defines the following terms for the purposes of proposed law: gender identity
and sexual orientation.
(Amends R.S. 51:2602(A), 2603(10)-(12), 2606(A)(1)-(5), 2607(A) and (C), and 2608; Adds
R.S. 51:2603(13) and (14))
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.