Louisiana 2021 Regular Session

Louisiana Senate Bill SR120 Latest Draft

Bill / Enrolled Version

                            2021 Regular Session	ENROLLED
SENATE RESOLUTION NO. 120
BY SENATOR BARROW 
A RESOLUTION
To continue the Task Force on Prevention of Human Degradation and Exploitation of
Vulnerable Individuals in Community-Based Residential Settings.
WHEREAS, through Senate Resolution No. 23 of the 2018 Second Extraordinary
Session, the Senate formed a task force to study and make recommendations relative to
current and proposed regulations necessary to protect nonrelated individuals residing in a
single dwelling from a property owner or landlord who acts without regard to basic rights
and responsibilities owed to his tenants; and
WHEREAS, after months of research and numerous public meetings, Senate Bill No.
218 of the 2019 Regular Session of the Legislature was filed to establish a minimum
standard for shared housing establishments, which included certain residency prohibitions
that were suggested to be in violation of the Fair Housing Act, 42 USC 3601 et seq.; and
WHEREAS, in an effort to clarify that Senate Bill No. 218 was not intended to
discriminate against any resident, it was amended in the Senate Committee on Health and
Welfare to establish a rental housing registry and apply to all rental properties regardless of
the unique characteristics of its residents; and
WHEREAS, this equal application to all rental properties drew insurmountable
opposition from landlords and property owners who would be subject to the rental housing
registry; and
WHEREAS, after meeting with the opposition and sincerely attempting to address
expressed concerns, Senate Bill No. 218 was amended on the Senate floor to limit the
requirement of the rental housing registry to single-family dwellings that were rented to four
or more unrelated adults, to exempt apartments, complexes, and residential dwellings
licensed by the Louisiana Department of Health and the Louisiana Department of Children
and Family Services, and to place all authority for implementation and enforcement with the
parish and municipal governing bodies to be accomplished by local ordinance; and
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WHEREAS, even with these significant changes to Senate Bill No. 218, the
opposition was unwavering, and due to the short nature of a regular fiscal legislative session,
time did not allow for further negotiation; and
WHEREAS, the Task Force on Prevention of Human Degradation and Exploitation
of Vulnerable Individuals in Community-Based Residential Settings was continued and
otherwise provided for by Senate Resolution No. 203 of the 2019 Regular Session of the
Legislature and recreated by Senate Resolution No. 52 of the 2020 Second Extraordinary
Session of the Legislature and seeks to conclude the study and make recommendations to
the Senate with a legal and fair solution that works for all to the problem of unregulated
rental housing.
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
does hereby continue and provide with respect to the Task Force on Prevention of Human
Degradation and Exploitation of Vulnerable Individuals in Community-Based Residential
Settings created by Senate Resolution No. 23 of the 2018 Second Extraordinary Session of
the Legislature, continued by Senate Resolution No. 203 of the 2019 Regular Session of the
Legislature, and recreated by Senate Resolution No. 52 of the 2020 Second Extraordinary
Session of the Legislature.
BE IT FURTHER RESOLVED that the task force shall continue to study the
following as set forth in its original charge:
(1) All present federal and state laws, rules, and regulations, as well as local
ordinances in existence, to protect vulnerable individuals from degradation and exploitation
by certain property owners or landowners.
(2) Any state laws, rules, and regulations or local ordinances proposed, as necessary,
to protect vulnerable individuals from degradation and exploitation by certain property
owners or landowners.
(3) Any proposals for regulation of community-based residential settings in which
nonrelated individuals reside in a single dwelling and the rent or fees paid to the property
owner or landowner are derived from government-funded assistance, such as social security
payments, Supplemental Nutrition Assistance Program (SNAP) food stamps, or other federal
or state stipends or subsidies.
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(4) Any civil or criminal penalties to be assessed against a property owner or
landowner who manipulates, scams, exploits, or stockpiles individuals in unclean, unsafe,
overcrowded, and unhealthy community-based residential settings.
(5) Any transition or relocation plan for vulnerable individuals who reside in a
community-based setting that is deemed unclean, unsafe, overcrowded, and unhealthy.
(6) Any other recommendation deemed important by the task force to address this
matter.
BE IT FURTHER RESOLVED that the members of the task force shall continue
with their service.
BE IT FURTHER RESOLVED that the task force shall meet as often as is necessary
to fulfill its mission, and shall submit a report, including any legislative proposal, to the
Louisiana Senate on or before March 1, 2022.
BE IT FURTHER RESOLVED that the task force shall terminate on July 1, 2022.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
secretary of the Louisiana Department of Health, the state health officer, the director of the
health standards section within the Louisiana Department of Health, the director of the adult
protective services section within the Louisiana Department of Health, the secretary of the
Department of Children and Family Services, the attorney general, the state fire marshal, the
executive director of the Louisiana Municipal Association, the executive director of the
Police Jury Association of Louisiana, the executive director of the Advocacy Center of
Louisiana, the executive director of the Louisiana Sheriffs' Association, the executive
director of the Louisiana District Attorneys Association, the president of the Building
Officials Association of Louisiana, the executive director of the Apartment Association of
Louisiana, Inc., the executive director of the Louisiana Home Builders Association, the
executive director of the Louisiana Housing Corporation, and the executive director of the
Greater New Orleans Fair Housing Action Center.
PRESIDENT OF THE SENATE
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