HLS 25RS-887 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 255
BY REPRESENTATIVE MARCELLE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
LEASES: Provides relative to application fees paid for leasing residential property
1 AN ACT
2To enact R.S. 9:3258.2, relative to lease applications for residential property; to provide for
3 certain rights for applicants; to require disclosure of certain information; to limit
4 liability of housing providers in certain circumstances; to authorize penalties; to
5 provide for an effective date; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 9:3258.2 is hereby enacted to read as follows:
8 ยง3258.2. Fair Chance in Housing Act
9 A. This Section may be cited as the "Fair Chance in Housing Act".
10 B. A housing provider that considers an applicant's criminal history for
11 eligibility shall disclose the following information in writing to an applicant prior to
12 accepting any application fee:
13 (1) A statement that the housing provider reviews or considers the applicant's
14 criminal history for eligibility.
15 (2) The class of crimes and a time period examined which could result in a
16 denial.
17 (3) A statement that the applicant may provide evidence demonstrating
18 inaccuracies within his criminal record, proof of rehabilitation, or other mitigating
19 factors.
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HB NO. 255
1 C. Information authorized or required by this Section may be delivered,
2 stored, and presented by electronic means in a manner consistent with the Louisiana
3 Uniform Electronic Transactions Act. A housing provider shall have no duty to
4 safeguard, maintain, or store any information or documentation provided by an
5 applicant. This Section does not require housing providers exclusively using
6 electronic means for applications, payments, requests, or other necessary functions
7 to do otherwise.
8 D. A housing provider shall not be held liable pursuant to this Section for the
9 following:
10 (1) The acts or omissions of a lessee with a criminal record or otherwise
11 charged or convicted of a criminal offense who properly complied with Paragraph
12 (B)(3) of this Section which resulted in a lease.
13 (2) A housing provider's decision to rent to a lessee with a criminal record
14 or who was otherwise charged with or convicted of a criminal offense if the lessee
15 properly complied with Paragraph (B)(3) of this Section resulting in his lease.
16 (3) A housing provider's decision not to conduct a criminal background
17 screening.
18 (4) A housing provider's failure to safeguard, maintain, or store any
19 information or documentation provided by an applicant in any particular manner.
20 E. Subsection D of this Section shall not create immunity for housing
21 providers for actions arising pursuant to the Louisiana Equal Opportunity Act.
22 F.(1) A housing provider shall refund the application fee to an applicant if
23 the housing provider is not in compliance with Subsection B of this Section, the
24 applicant is denied based on the applicant's criminal history, and the applicant sends
25 a written request on the earlier of the following:
26 (a) Thirty days after the applicant received written notice from the housing
27 provider that the application was denied or not accepted.
28 (b) Ninety days after the applicant remitted the application fee and an
29 application to the housing provider.
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HB NO. 255
1 (2) A housing provider shall refund an application fee within thirty days of
2 receipt of a written request as required by Paragraph (1) of this Subsection. The
3 housing provider shall not charge the applicant any additional fee or reduce the
4 amount of the original application fee if the refund of the application fee is required
5 pursuant to this Section.
6 G. A court of competent jurisdiction shall award an applicant costs of the
7 application fee plus five hundred dollars upon determination that a housing provider
8 failed to comply with Subsection F of this Section.
9 H. A court of competent jurisdiction may in its discretion award costs and
10 reasonable attorney fees to the prevailing party in an action brought pursuant to this
11 Section.
12 I. For purposes of this Section, "housing provider" means an owner, lessor,
13 sublessor, property manager, or property management company that leases or rents
14 residential property.
15 Section 2. This Act shall become effective on January 1, 2026.
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 255 Original 2025 Regular Session Marcelle
Abstract: Creates rights for applicants leasing residential property and protects and
imposes penalties on housing providers in certain situations.
Proposed law requires housing providers to disclose certain information regarding review
or consideration of an applicant's criminal background history before remittance of an
application fee.
Proposed law requires housing providers to refund the application fee to the applicant when
the housing provider does not provide the applicant with the necessary disclosures pursuant
to proposed law.
Proposed law protects housing providers from liability for a lessee's acts or omissions or
ability to lease.
Proposed law protects housing providers from liability when the housing providers decide
not to conduct a criminal background screening or for failure to safeguard, maintain, or store
information from an applicant in any particular manner.
Proposed law imposes penalties on housing providers for violations under proposed law.
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HB NO. 255
Effective Jan. 1, 2026
(Adds R.S. 9:3258.2)
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