Text of LA HB 804 (2014)

HLS 14RS-1260 ORIGINAL Page 1 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2014 HOUSE BILL NO. 804 BY REPRESENTATIVE BROSSETT HOUSING: Provides relative to the Louisiana Equal Housing Opportunity Act AN ACT 1 To amend and reenact R.S. 51:2602(A), 2603, 2606(A)(1) through (5), 2607(A) and (C), and 2 2608, relative to the Louisiana Equal Housing Opportunity Act; to prohibit 3 discriminatory housing practices based on sexual orientation, gender identity and 4 expression, and marital status; to provide for definitions; and to provide for related 5 matters. 6 Be it enacted by the Legislature of Louisiana: 7 Section 1. R.S. 51:2602(A), 2603, 2606(A)(1) through (5), 2607(A) and (C), and 8 2608 are hereby amended and reenacted to read as follows: 9 §2602. Policy 10 A. The legislature finds and declares that persons in this state who seek a 11 place to live should be able to find such housing whenever it is available. Further, 12 in many localities there may be housing shortages. All persons should therefore be 13 able to compete for available housing on an open, fair, and equitable basis, regardless 14 of race, color, religion, sex, sexual orientation, gender identity, gender expression, 15 handicap, marital status, familial status, or national origin. 16 * * * 17 §2603. Definitions 18 As used in this Chapter: 19 (1) "Aggrieved person" includes any person who: 20 HLS 14RS-1260 ORIGINAL HB NO. 804 Page 2 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (a) Claims to have been injured by a discriminatory housing practice; or 1 (b) Believes that he will be injured by a discriminatory housing practice that 2 is about to occur. 3 (2) "Complainant" means that person who files a complaint pursuant to R.S. 4 51:2611. 5 (3) "Conciliation" means the attempted resolution of issues raised by a 6 complaint, or by the investigation of such complaint, through informal negotiations 7 involving the aggrieved person, the respondent, and the attorney general or his 8 designee. 9 (4) "Conciliation agreement" means a written agreement setting forth the 10 resolution of the issues in conciliation. 11 (5) "Discriminatory housing practice" means an act that is unlawful pursuant 12 to R.S. 51:2606 through 2609. 13 (6) "Dwelling" means any building, structure, or portion thereof which is 14 occupied as, or designed or intended for occupancy as, a residence by one or more 15 families, and any vacant land which is offered for sale or lease for the construction 16 or location thereon at any such building, structure, or portion thereof. 17 (7)(a) "Familial status" means one or more individuals, who have not 18 attained the age of eighteen years, being domiciled with: 19 (I) A parent or another person having legal custody of such individual or 20 individuals; or 21 (ii) The designee of such parent or other person having such custody, with 22 the written permission of such parent or other person. 23 (b) The protections afforded against discrimination on the basis of familial 24 status shall apply to any person who is pregnant or is in the process of securing legal 25 custody of any individual who has not attained the age of eighteen years. 26 (8) "Family" includes a single individual. 27 (9) "Gender expression" means a person's actual or perceived gender-related 28 appearance or behavior with or without regard to the person's designated sex at birth. 29 HLS 14RS-1260 ORIGINAL HB NO. 804 Page 3 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (10) "Gender identity" means a person's actual or perceived gender-related 1 identity with or without regard to the person's designated sex at birth. 2 (9)(a) (11)(a) "Handicap" means, with respect to a person: 3 (I) A physical or mental impairment which substantially limits one or more 4 of such person's major life activities. 5 (ii) A record of having such an impairment; or 6 (iii) Being regarded as having such an impairment, 7 (b) Such term does not include current, illegal use of, or addiction to a 8 controlled substance as defined in Section 102 of the Controlled Substances Act, 21 9 U.S.C. 802. 10 (12) "Marital status" means being married, divorced, widowed, separated, 11 single, or a cohabitant. 12 (10) (13) "Person" includes one or more individuals, corporations, 13 partnerships, associations, labor organizations, legal representatives, mutual 14 companies, joint stock companies, trusts, unincorporated organizations, trustees, 15 trustees in bankruptcy, receivers, and fiduciaries. 16 (11) (14) "Respondent" means the person or other entity accused in a 17 complaint of a discriminatory housing practice, or, any other person or entity 18 identified in the course of an investigation and notified that they are a respondent 19 who shall be joined in the complaint. 20 (15) "Sexual orientation" means a person's actual or perceived 21 heterosexuality, homosexuality, or bisexuality. 22 (12) (16) "To rent" includes to lease, to sublease, to let, and otherwise to 23 grant for a consideration the right to occupy premises owned by the occupant. 24 * * * 25 §2606. Discrimination in sale or rental of housing and other prohibited practices 26 A. As made applicable by R.S. 51:2604, and except as exempted by 27 Subsection B thereof and R.S. 51:2605, it is unlawful: 28 HLS 14RS-1260 ORIGINAL HB NO. 804 Page 4 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (1) To refuse to sell or rent after the making of a bona fide offer, or to refuse 1 to negotiate for the sale or rental of, or otherwise make unavailable or deny, a 2 dwelling to any person because of race, color, religion, sex, sexual orientation, 3 gender identity, gender expression, marital status, familial status, or national origin. 4 (2) To discriminate against any person in the terms, conditions, or privileges 5 of sale or rental of a dwelling, or in the provision of services or facilities in 6 connection therewith, because of race, color, religion, sex, sexual orientation, gender 7 identity, gender expression, marital status, familial status, or national origin. 8 (3) To make, print, or publish, or cause to be made, printed, or published any 9 notice, statement, or advertisement, with respect to the sale or rental of a dwelling 10 that indicates any preference, limitation, or discrimination based on race, color, 11 religion, sex, sexual orientation, gender identity, gender expression, handicap, 12 marital status, familial status, or national origin, or an intention to make any such 13 preference, limitation, or discrimination. 14 (4) To represent to any person because of race, color, religion, sex, sexual 15 orientation, gender identity, gender expression, handicap, martial status, familial 16 status, or national origin that any dwelling is not available for inspection, sale, or 17 rental when such dwelling is in fact so available. 18 (5) For profit, to induce, or attempt to induce any person to sell or rent any 19 dwelling by representations regarding the entry or prospective entry into the 20 neighborhood of a person or persons of a particular race, color, religion, sex, sexual 21 orientation, gender identity, gender expression, handicap, martial status, familial 22 status, or national origin. 23 * * * 24 §2607. Discrimination in residential real estate related transactions 25 A. It is unlawful for any person or other entity whose business includes 26 engaging in residential real estate related transactions to discriminate against any 27 person in making available such a transaction, or in the terms or conditions of such 28 HLS 14RS-1260 ORIGINAL HB NO. 804 Page 5 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. a transaction, because of race, color, religion, sex, sexual orientation, gender identity, 1 gender expression, handicap, martial status, familial status, or national origin. 2 * * * 3 C. Nothing in this Chapter prohibits a person engaged in the business of 4 furnishing appraisals of real property to take into consideration factors other than 5 race, color, religion, national origin, sex, sexual orientation, gender identity, gender 6 expression, handicap, marital status, or familial status. 7 §2608. Discrimination in provision of brokerage services 8 It is unlawful to deny any person access to or membership or participation in 9 any multiple-listing service, real estate brokers' organization or other service, 10 organization, or facility relating to the business of selling or renting dwellings, or to 11 discriminate against him in the terms or conditions of such access, membership, or 12 participation, on account of race, color, religion, sex, sexual orientation, gender 13 identity, gender expression, handicap, marital status, familial status, or national 14 origin. 15 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)] Brossett HB No. 804 Abstract: Makes various changes to provisions of the La. Equal Housing Opportunity Act. 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, handicap, familial status, or national origin. Proposed law adds a person's sexual orientation, gender identity, gender expression, and marital status to the La. Equal Housing Opportunity Act as factors not to be considered in the competition for available housing. Proposed law defines "gender expression" as a person's actual or perceived gender-related appearance or behavior without regard to the person's designated sex at birth. Proposed law defines "gender identity" as a person's actual or perceived gender-related identity without regard to the person's designated sex at birth. Proposed law defines a person's "marital status" as being married, divorced, widowed, separated, single, or a cohabitant. HLS 14RS-1260 ORIGINAL HB NO. 804 Page 6 of 6 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Proposed law defines "sexual orientation" as a person's actual or perceived homosexuality, heterosexuality, or bisexuality. (Amends R.S. 51:2602(A), 2603, 2606(A)(1)-(5), 2607(A) and (C), and 2608)