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 665 Original 2022 Regular Session Willard
Abstract: Requires a housing provider to conduct individualized assessment of an application and
prohibits the consideration of certain criminal history record information for the basis of
providing a conditional offer.
Present law prohibits discriminatory housing practices pursuant to the La. Equal Housing
Opportunity Act.
Proposed law retains present law and adds provisions requiring a housing provider to conduct
individualized assessment of an application and prohibits the housing provider from requiring an
applicant to complete a housing application that inquires about the applicant's criminal history
records before extending a conditional offer except for certain drug-related offenses.
Proposed law provides for the definitions of "conditional offer" and "criminal history record".
Proposed law prohibits a housing provider from making oral or written inquiries regarding an
applicant's criminal history record prior to extending a conditional offer.
Proposed law authorizes an applicant to provide evidence negating the accuracy of the applicant's
criminal history record, evidence of rehabilitation, or other mitigating factors.
Proposed law requires a housing provider to disclose to an applicant in writing whether the housing
provider uses an applicant's criminal history record as a basis for eligibility and requires the housing
provider to notify the applicant that the applicant is entitled to provide evidence to the housing
provider of rehabilitation or other mitigating factors.
Proposed law prohibits a housing provider from applying the provisions of proposed law in a
discriminatory manner.
Proposed law prohibits a housing provider from, at any time, evaluating an applicant based on the
following:
(1) Arrests not resulting in a conviction.
(2) Expunged conviction.
(3) Convictions erased by executive pardon. (4) Vacated and nullified convictions.
(5) Juvenile adjudications of delinquency.
(6) Sealed records.
(7) Nonviolent misdemeanors.
Proposed law provides that only after extending a conditional offer may the housing provider
consider the following criminal history records in the applicant's history:
(1) Violent misdemeanor or nonviolent felony conviction within the prior three years.
(2) Violent felony conviction within the prior five years.
Proposed law only allows a housing provider to withdraw a conditional offer based on an applicant's
criminal history record if the housing provider has a substantial, legitimate, and nondiscriminatory
interest in doing so.
Proposed law requires a housing provider, following withdrawal of a conditional offer, to provide
written notice providing the reasons for the withdrawal and sets forth a procedure for the applicant
to appeal a withdrawal based on the applicant's criminal history record.
Proposed law requires the housing provider to perform an individual assessment by considering
certain factors set forth in proposed law.
Proposed law authorizes an applicant to request a copy of all information relied upon by the housing
provider in considering the application and requires the housing provider to furnish the requested
information within 10 days of receipt of the request.
Proposed law requires the attorney general to prepare model forms to assist housing providers and
applicants in effectuating the provisions of proposed law and requires the attorney general to provide
the forms on its website, at no cost, in English, Spanish, and in any other language the attorney
general deems appropriate.
Proposed law prohibits a housing provider from advertising that applicants with one or more
convictions will not be considered or any other unlawful limitation, specification, or discrimination
as to criminal history record, except for certain drug offenses or when the applicant is subject to
lifetime sex offender registration.
Proposed law prohibits a person from interfering with any right protected by proposed law and
provides penalties for any unlawful retaliatory actions committed by a housing provider in response
to a person filing an action against the housing provider to enforce rights protected by proposed law.
(Amends R.S. 51:2603(intro. para.); Adds R.S. 51:2603(13) and (14) and 2606.1)