Text of LA HB 282 (2021)

HLS 21RS-262 ORIGINAL 2021 Regular Session HOUSE BILL NO. 282 BY REPRESENTATIVE FREEMAN Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. DISCRIMINATION: Provides relative to discrimination in sale or rental of housing and other prohibited practices 1 AN ACT 2 To amend and reenact R.S. 51:2602(A), 2603(10) through (12), 2606(A)(1) through (5), 3 2607(A) and (C), and 2608 and to enact R.S. 51:2603(13) and (14), relative to 4 discrimination in the sale or rental of housing; to prohibit discriminatory housing 5 practices based on sexual orientation and gender identity; to provide for definitions; 6 and to provide for related matters. 7 Be it enacted by the Legislature of Louisiana: 8 Section 1. R.S. 51:2602(A), 2603(10) through (12), 2606(A)(1) through (5), 2607(A) 9 and (C), and 2608 are hereby amended and reenacted and R.S. 51:2603(13) and (14) are 10 hereby enacted to read as follows: 11 §2602. Policy 12 A. The legislature finds and declares that persons in this state who seek a 13 place to live should be able to find such housing whenever it is available. Further, 14 in many localities there may be housing shortages. All persons should therefore be 15 able to compete for available housing on an open, fair, and equitable basis, regardless 16 of race, color, religion, sex, sexual orientation, gender identity, disability, familial 17 status, or national origin. 18 * * * 19 §2603. Definitions 20 As used in this Chapter: 21 * * * Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-262 ORIGINAL HB NO. 282 1 (10) "Gender identity" means a person's actual or perceived gender-related 2 identity with or without regard to the person's designated sex at birth. 3 (10) (11) "Person" includes one or more individuals, corporations, 4 partnerships, associations, labor organizations, legal representatives, mutual 5 companies, joint stock companies, trusts, unincorporated organizations, trustees, 6 trustees in bankruptcy, receivers, and fiduciaries. 7 (11) (12) "Respondent" means the person or other entity accused in a 8 complaint of a discriminatory housing practice, or, any other person or entity 9 identified in the course of an investigation and notified that they are a respondent 10 who shall be joined in the complaint. 11 (13) "Sexual orientation" means a person's actual or perceived 12 heterosexuality, homosexuality, or bisexuality. 13 (12) (14) "To rent" includes to lease, to sublease, to let, and otherwise to 14 grant for a consideration the right to occupy premises owned by the occupant. 15 * * * 16 §2606. Discrimination in sale or rental of housing and other prohibited practices 17 A. As made applicable by R.S. 51:2604, and except as exempted by 18 Subsection B thereof and R.S. 51:2605, it is unlawful: 19 (1) To refuse to sell or rent after the making of a bona fide offer, or to refuse 20 to negotiate for the sale or rental of, or otherwise make unavailable or deny, a 21 dwelling to any person because of race, color, religion, sex, sexual orientation, 22 gender identity, familial status, or national origin. 23 (2) To discriminate against any person in the terms, conditions, or privileges 24 of sale or rental of a dwelling, or in the provision of services or facilities in 25 connection therewith, because of race, color, religion, sex, sexual orientation, gender 26 identity, familial status, or national origin. 27 (3) To make, print, or publish, or cause to be made, printed, or published any 28 notice, statement, or advertisement, with respect to the sale or rental of a dwelling 29 that indicates any preference, limitation, or discrimination based on race, color, Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-262 ORIGINAL HB NO. 282 1 religion, sex, sexual orientation, gender identity, disability, familial status, or 2 national origin, or an intention to make any such preference, limitation, or 3 discrimination. 4 (4) To represent to any person because of race, color, religion, sex, sexual 5 orientation, gender identity, disability, familial status, or national origin that any 6 dwelling is not available for inspection, sale, or rental when such dwelling is in fact 7 so available. 8 (5) For profit, to induce or attempt to induce any person to sell or rent any 9 dwelling by representations regarding the entry or prospective entry into the 10 neighborhood of a person or persons of a particular race, color, religion, sex, sexual 11 orientation, gender identity, disability, familial status, or national origin. 12 * * * 13 §2607. Discrimination in residential real estate related transactions 14 A. It is unlawful for any person or other entity whose business includes 15 engaging in residential real estate related transactions to discriminate against any 16 person in making available such a transaction, or in the terms or conditions of such 17 a transaction, because of race, color, religion, sex, sexual orientation, gender identity, 18 disability, familial status, or national origin. 19 * * * 20 C. Nothing in this Chapter prohibits a person engaged in the business of 21 furnishing appraisals of real property to take into consideration factors other than 22 race, color, religion, national origin, sex, sexual orientation, gender identity, 23 disability, or familial status. 24 §2608. Discrimination in provision of brokerage services 25 It is unlawful to deny any person access to or membership or participation in 26 any multiple-listing service, real estate brokers' organization or other service, 27 organization, or facility relating to the business of selling or renting dwellings, or to 28 discriminate against him in the terms or conditions of such access, membership, or Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 21RS-262 ORIGINAL HB NO. 282 1 participation, on account of race, color, religion, sex, sexual orientation, gender 2 identity, disability, familial status, or national origin. 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 282 Original 2021 Regular Session Freeman Abstract: Makes various changes to the La. Equal Housing Opportunity Act to prohibit housing discrimination based on sexual orientation and gender identity. Present law of the La. Equal Housing Opportunity Act generally provides that all persons should be able to compete for available housing on an open, fair, and equitable basis, regardless of race, color, religion, sex, disability, familial status, or national origin. Proposed law retains present law and adds a person's sexual orientation and gender identity to the La. Equal Housing Opportunity Act as factors not to be considered in the competition for available housing. Proposed law defines the following terms for the purposes of proposed law: gender identity and sexual orientation. (Amends R.S. 51:2602(A), 2603(10)-(12), 2606(A)(1)-(5), 2607(A) and (C), and 2608; Adds R.S. 51:2603(13) and (14)) Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions.