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 Original 2021 Regular Session Duplessis
Abstract: Provides for residential lessee screening including consumer credit reports and personal
hardship statements subsequent to a declared emergency.
Proposed law (R.S. 9:3258.1) provides that a landlord may not require payment of an application fee
unless the landlord has adopted written screening criteria and gives written notice to applicants of
the following:
(1)The applicant screening charge amount.
(2)The landlord's screening criteria.
(3)The landlord's process of screening the applicants, including whether the lessor uses a credit
reporting agency, public or criminal records, or references.
(4)The applicant's right to report a financial hardship resulting from a declared disaster or
emergency to a credit reporting agency prior to applying.
Proposed law (R.S. 9:3258.1) applies to all landlords of property used as a primary residence except
for owner-occupied buildings of no more than four units.
Present law (R.S. 9:3571.1) provides for credit reporting agency information and reports.
Proposed law (R.S. 9:3571.1(A)(4)) requires the credit reporting agency to notify the consumer of
the right to request a personal statement detailing financial hardship from a declared emergency
when a consumer requests a copy of a credit report.
Proposed law (R.S. 9:3571.1(B)(2)(a) and (b)) provides that if a credit reporting agency includes
information from a court file, the report shall match the full name and date of birth of the individual
in the court file, and requires the credit report to accurately report the outcome of eviction
proceedings. Proposed law provides that the credit reporting agency is not liable if it reports
complete and accurate information as provided by the court.
Proposed law (R.S. 9:3571.1(C)(2)) authorizes consumers to report in good faith that they have
experienced financial hardship resulting from a declared disaster or emergency pursuant to R.S.
29:724, and if so reported, requires the credit reporting agency to include the statement with any
credit report provided by the agency. Present law (R.S. 9:3571.1(H)(2)) provides that a "credit report" means the communication of any
credit information by a credit reporting agency bearing on a consumer's credit worthiness, credit
standing, or credit capacity.
Proposed law (R.S. 9:3571.1(H)(2)) retains present law but expands the definition to include
character, general reputation, personal characteristics, or mode of living.
(Amends R.S. 9:3571.1(B), (C), and (H)(2); Adds R.S. 9:3258.1 and 3571.1(A)(4))