HLS 21RS-636 REENGROSSED
2021 Regular Session
HOUSE BILL NO. 374
BY REPRESENTATIVE DUPLESSIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
LESSOR/LESSEE: Provides relative to residential lessee screening
1 AN ACT
2To enact R.S. 9:3258.1, relative to residential leases; to provide for notice to applicants by
3 certain lessors of residential properties; to provide for exceptions; to provide for
4 personal hardship statements after a declared disaster or emergency; and to provide
5 for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 9:3258.1 is hereby enacted to read as follows:
8 ยง3258.1. Residential lease application requirements
9 A. A lessor shall not require payment of an application fee unless, prior to
10 accepting the payment, the lessor gives written notice of all of the following:
11 (1) The amount of the application fee.
12 (2) Whether the lessor considers credit scores, employment history, criminal
13 history, or eviction records in deciding whether to rent or lease to the applicant.
14 (3) That the applicant may share, in good faith, a statement of two hundred
15 words or less explaining that the applicant has experienced financial hardship
16 resulting from a state or federally declared disaster or emergency and how that
17 hardship impacted the applicant's credit, employment, or rental history.
18 (4) The lessor's notice regarding the statement of financial hardship shall
19 reference the COVID-19 pandemic and hurricanes.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-636 REENGROSSED
HB NO. 374
1 B. Notice required by this Section may be delivered, stored, and presented
2 by electronic means if the electronic means meet the requirements of the Louisiana
3 Uniform Electronic Transactions Act, as provided in R.S. 9:2601, et seq.
4 C. This Section shall apply to all lessors of property to be used as a lessee's
5 primary residence except for owner-occupied buildings consisting of no more than
6 four units.
7 D. No person shall have a cause of action against a lessor or a lessor's agents
8 or employees for any alleged violation of this Section, and a lessor and a lessor's
9 agents and employees are hereby immune from any and all causes of action for
10 alleged violations of this Section.
11 * * *
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 374 Reengrossed 2021 Regular Session Duplessis
Abstract: Provides for residential lessee screening including personal hardship statements
subsequent to a declared emergency.
Proposed law provides that a landlord may not require payment of an application fee unless
the landlord gives written notice to applicants of the following:
(1)The application fee.
(2)Whether the landlord considers credit scores, employment history, criminal history,
or eviction records.
(3)That the applicant can submit a statement to the landlord explaining, in 200 words
or less, that the applicant has experienced financial hardship because of a state or
federally declared disaster or emergency and how the hardship has impacted the
applicants credit, employment, or rental history.
(4)The landlord's notice regarding the applicant's statement of financial hardship is
required to reference the COVID-19 pandemic and hurricanes.
Proposed law applies to all landlords of property used as a lessee's primary residence except
for owner-occupied buildings with no more than four units.
Proposed law prohibits causes of action and allows for immunity for a lessor's alleged
violation of present and proposed law.
(Adds R.S. 9:3258.1)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-636 REENGROSSED
HB NO. 374
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
original bill:
1. Make technical changes.
2. Remove a provision of proposed law requiring a lessor to adopt written screening
or admission criteria.
3. Remove a provision requiring a lessor to give written notice of the lessor's
screening or admission criteria used in deciding whether to rent or lease to the
applicant.
4. Add a provision requiring a lessor to give written notice as to whether the lessor's
screening or admission criteria considers credit, employment history, or eviction
records in rental decisions.
5. Require a lessor to give written notice of the screening process followed
including whether the lessor may rely upon a credit reporting agency.
6. Require a lessor to give written notice of the screening process followed
including whether the lessor may contact employers or prior lessors.
7. Add a provision prohibiting a cause of action against a lessor or a lessor's agents
or employees for violating proposed law and granting immunity to a lessor or a
lessor's agents or employees from any cause of action for alleged violation of
proposed law.
8. Clarify that the word "resident" in proposed law refers to a "consumer".
9. Clarify that proposed law does not conflict with a credit reporting agency's duties
under the Fair Credit Reporting Act.
10.Remove a requirement that the name and date of birth of an applicant in a court
file must match the name and date of birth of the applicant in a credit report
where the credit report includes information from the court file.
11.Clarify that regulations in proposed law requiring eviction proceeding outcomes
to be accurately reflected in a credit report relates to residential evictions.
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
2. Change the notice requirements of the lessor to require the lessor to give notice
of the amount of the application fee, whether the lessor considers certain criteria,
that the applicant may provide the lessor with a written statement of 200 words
explaining the applicant's financial hardship because of a declared disaster or
emergency and how the applicant has been impacted, and that the lessor's notice
regarding the applicant's statement of financial hardship is required to reference
the COVID-19 pandemic and hurricanes.
3. Clarify that proposed law applies to all lessors of property to be used as a lessee's
primary residence.
4. Remove provisions regarding credit reporting agency reports.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.