Text of LA HB 871 (2014)

HLS 14RS-537 ORIGINAL Page 1 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2014 HOUSE BILL NO. 871 BY REPRESENTATIVE SMITH HOUSING: Provides relative to discriminatory housing practices AN ACT 1 To amend and reenact R.S. 51:2602(A), 2603, 2606(A)(1) through (5), (B), and (C), and 2 2607(A) and (C), and 2608 and to enact R.S. 51:2606(A)(7) and (D), relative to the 3 Louisiana Equal Housing Opportunity Act; to prohibit or place limitations on 4 discriminatory housing practices based on sexual orientation, gender identity and 5 expression, marital and veteran's statuses, lawful source of income, arrest or 6 conviction record, and domestic abuse status; to provide for definitions; and to 7 provide for related matters. 8 Be it enacted by the Legislature of Louisiana: 9 Section 1. R.S. 51:2602(A), 2603, 2606(A)(1) through (5), (B), and (C), 2607(A) 10 and (C), and 2608 are hereby amended and reenacted and R.S. 51:2606(A)(7) and (D) are 11 enacted to read as follows: 12 §2602. Policy 13 A. The legislature finds and declares that persons in this state who seek a 14 place to live should be able to find such housing whenever it is available. Further, 15 in many localities there may be housing shortages. All persons should therefore be 16 able to compete for available housing on an open, fair, and equitable basis, regardless 17 of race, color, religion, sex, sexual orientation, gender identity, gender expression, 18 handicap, familial status, marital status, veteran's status, lawful source of income, 19 arrest or conviction record, status as a victim of domestic abuse, or national origin. 20 HLS 14RS-537 ORIGINAL HB NO. 871 Page 2 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. * * * 1 §2603. Definitions 2 As used in this Chapter: 3 (1) "Aggrieved person" includes any person who: 4 (a) Claims to have been injured by a discriminatory housing practice; or 5 (b) Believes that he will be injured by a discriminatory housing practice that 6 is about to occur. 7 (2) "Arrest or conviction record" means: 8 (a) Any information indicating that a person has been questioned, 9 apprehended, taken into custody or detention, held for investigation, arrested, 10 charged with, indicted, or tried for a felony, misdemeanor, or other offense pursuant 11 to any law enforcement or military authority. 12 (b) Any information indicating that a person has been convicted of a felony, 13 misdemeanor, or other offense, placed on probation, fined, imprisoned, or paroled 14 pursuant to any law enforcement or military authority. 15 (2) (3) "Complainant" means that person who files a complaint pursuant to 16 R.S. 51:2611. 17 (3) (4) "Conciliation" means the attempted resolution of issues raised by a 18 complaint, or by the investigation of such complaint, through informal negotiations 19 involving the aggrieved person, the respondent, and the attorney general or his 20 designee. 21 (4) (5) "Conciliation agreement" means a written agreement setting forth the 22 resolution of the issues in conciliation. 23 (5) (6) "Discriminatory housing practice" means an act that is unlawful 24 pursuant to R.S. 51:2606 through 2609. 25 (6) (7) "Dwelling" means any building, structure, or portion thereof which 26 is occupied as, or designed or intended for occupancy as, a residence by one or more 27 families, and any vacant land which is offered for sale or lease for the construction 28 or location thereon at any such building, structure, or portion thereof. 29 HLS 14RS-537 ORIGINAL HB NO. 871 Page 3 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (7)(a) (8)(a) "Familial status" means one or more individuals, who have not 1 attained the age of eighteen years, being domiciled with: 2 (I) A parent or another person having legal custody of such individual or 3 individuals; or. 4 (ii) The designee of such parent or other person having such custody, with 5 the written permission of such parent or other person. 6 (b) The protections afforded against discrimination on the basis of familial 7 status shall apply to any person who is pregnant or is in the process of securing legal 8 custody of any individual who has not attained the age of eighteen years. 9 (8) (9) "Family" includes a single individual. 10 (10) "Gender expression" means a person's actual or perceived gender- 11 related appearance or behavior, regardless of the person's designated sex at birth. 12 (11) "Gender identity" means a person's actual or perceived gender-related 13 identity, regardless of the person's designated sex at birth. 14 (9)(a) (12)(a) "Handicap" means, with respect to a person: 15 (I) A physical or mental impairment which substantially limits one or more 16 of such person's major life activities. 17 (ii) A record of having such an impairment; or 18 (iii) Being regarded as having such an impairment, 19 (b) Such term does not include current, illegal use of, or addiction to a 20 controlled substance as defined in Section 102 of the Controlled Substances Act, 21 21 U.S.C. 802. 22 (13) "Marital status" means being married, divorced, widowed, separated, 23 single, or a cohabitant. 24 (10) (14) "Person" includes one or more individuals, corporations, 25 partnerships, associations, labor organizations, legal representatives, mutual 26 companies, joint stock companies, trusts, unincorporated organizations, trustees, 27 trustees in bankruptcy, receivers, and fiduciaries. 28 HLS 14RS-537 ORIGINAL HB NO. 871 Page 4 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (11) (15) "Respondent" means the person or other entity accused in a 1 complaint of a discriminatory housing practice, or, any other person or entity 2 identified in the course of an investigation and notified that they are a respondent 3 who shall be joined in the complaint. 4 (16) "Sexual orientation" means a person's actual or perceived 5 homosexuality, heterosexuality, or bisexuality. 6 (12) (17) "To rent" includes to lease, to sublease, to let, and otherwise to 7 grant for a consideration the right to occupy premises owned by the occupant. 8 (18) "Veteran's status" means the status of having been honorably discharged 9 from the armed forces of the United States including reserved components of the 10 armed forces, the Army National Guard and the Air National Guard, the 11 commissioned corps of the Public Health Service, and any other category of persons 12 designated by the president in time of war or emergency. 13 * * * 14 §2606. Discrimination in sale or rental of housing and other prohibited practices 15 A. As made applicable by R.S. 51:2604, and except as exempted by 16 Subsection B thereof and R.S. 51:2605, it is unlawful: 17 (1) To refuse to sell or rent after the making of a bona fide offer, or to refuse 18 to negotiate for the sale or rental of, or otherwise make unavailable or deny, a 19 dwelling to any person because of race, color, religion, sex, sexual orientation, 20 gender identity, gender expression, familial status, marital status, veteran's status, 21 lawful source of income, status as a victim of domestic abuse, or national origin. 22 (2) To discriminate against any person in the terms, conditions, or privileges 23 of sale or rental of a dwelling, or in the provision of services or facilities in 24 connection therewith, because of race, color, religion, sex, sexual orientation, gender 25 identity, gender expression, familial status, marital status, veteran's status, lawful 26 source of income, arrest or conviction record, status as a victim of domestic abuse, 27 or national origin. 28 HLS 14RS-537 ORIGINAL HB NO. 871 Page 5 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (3) To make, print, or publish, or cause to be made, printed, or published any 1 notice, statement, or advertisement, with respect to the sale or rental of a dwelling 2 that indicates any preference, limitation, or discrimination based on race, color, 3 religion, sex, sexual orientation, gender identity, gender expression, handicap, 4 familial status, marital status, veteran's status, lawful source of income, arrest or 5 conviction record, status as a victim of domestic abuse, or national origin, or an 6 intention to make any such preference, limitation, or discrimination. 7 (4) To represent to any person because of race, color, religion, sex, sexual 8 orientation, gender identity, gender expression, handicap, familial status, marital 9 status, veteran's status, lawful source of income, arrest or conviction record, status 10 as a victim of domestic abuse, or national origin that any dwelling is not available 11 for inspection, sale, or rental when such dwelling is in fact so available. 12 (5) For profit, to induce or attempt to induce any person to sell or rent any 13 dwelling by representations regarding the entry or prospective entry into the 14 neighborhood of a person or persons of a particular race, color, religion, sex, sexual 15 orientation, gender identity, gender expression, familial status, marital status, 16 veteran's status, lawful source of income, arrest or conviction record, status as a 17 victim of domestic abuse, or national origin. 18 * * * 19 (7) To request, inquire into, or consider the arrest or conviction record of any 20 person when such request for, inquiry into, or consideration of the arrest or 21 conviction record is made prior to a bonafide offer of tenancy with respect to the 22 rental of a dwelling or a contract to purchase the dwelling being presented to the 23 seller with respect to the sale of a dwelling. 24 B.(1) In the selling or renting of housing described in R.S. 51:2604(A)(5), 25 but not housing described in R.S. 51:2604(A)(1) through (4) or exempted by R.S. 26 51:2605, it is unlawful to refuse to sell or rent, refuse to negotiate for the sale or 27 rental of, or otherwise make unavailable or deny housing to any person because of 28 an arrest record unless, given the nature of the housing, a reasonable person would 29 HLS 14RS-537 ORIGINAL HB NO. 871 Page 6 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. have a justifiable fear for the safety of the landlord or tenant property or for the 1 safety of other residents or employees. 2 (2) A person who refuses to rent or sell, negotiate for the sale or rental of, or 3 otherwise make unavailable or deny housing described in R.S. 51:2604(A)(5) 4 because an arrest or conviction record of the other party would cause a reasonable 5 person to have a justifiable fear for the safety of the landlord or tenant property or 6 for the safety of other residents or employees shall provide the rejected party written 7 statement of refusal detailing. 8 C. Nothing in this Section shall be construed to invalidate or limit any law 9 of this state or a political subdivision of this state that requires dwellings to be 10 designed and constructed in a manner that affords handicapped persons greater 11 access than is required by this Section. 12 C. D. Nothing in this Section requires that a dwelling be made available to 13 an individual whose tenancy would constitute a direct threat to the health or safety 14 of other individuals or whose tenancy would result in substantial physical damage 15 to the property of others. 16 §2607. Discrimination in residential real estate related transactions 17 A. It is unlawful for any person or other entity whose business includes 18 engaging in residential real estate related transactions to discriminate against any 19 person in making available such a transaction, or in the terms or conditions of such 20 a transaction, because of race, color, religion, sex, sexual orientation, gender identity, 21 gender expression, handicap, familial status, marital status, veteran's status, lawful 22 source of income, arrest or conviction record, status as a victim of domestic abuse, 23 or national origin. 24 * * * 25 C. Nothing in this Chapter prohibits a person engaged in the business of 26 furnishing appraisals of real property to take into consideration factors other than 27 race, color, religion, national origin, sex, sexual orientation, gender identity, gender 28 expression, handicap, or familial status, marital status, veteran's status, lawful source 29 HLS 14RS-537 ORIGINAL HB NO. 871 Page 7 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. of income, arrest or conviction record, status as a victim of domestic abuse, or 1 national origin. 2 §2608. Discrimination in provision of brokerage services 3 It is unlawful to deny any person access to or membership or participation in 4 any multiple-listing service, real estate brokers' organization or other service, 5 organization, or facility relating to the business of selling or renting dwellings, or to 6 discriminate against him in the terms or conditions of such access, membership, or 7 participation, on account of race, color, religion, sex, sexual orientation, gender 8 identity, gender expression, handicap, familial status, marital status, veteran's status, 9 lawful source of income, arrest or conviction record, status as a victim of domestic 10 abuse, or national origin. 11 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)] Smith HB No. 871 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, familial status, or national origin. Proposed law adds a person's sexual orientation, gender identity, gender expression, marital status, veteran's status, lawful source of income, and status as a victim of domestic abuse to the La. Equal Housing Opportunity Act as factors not to be considered in the competition for available housing. Proposed law defines "arrest or conviction record" as information indicating a person's questioning, apprehension, custody or detention, hold for investigation, arrest, charge, indictment, or trial for a felony, misdemeanor, or other offense pursuant to any law enforcement or military authority. Proposed law further provides that "arrest or conviction record" means information indicating a person's conviction of a felony, misdemeanor, or other offense, placement on probation, applicable fine, imprisonment, or parole pursuant to any law enforcement or military authority. Proposed law defines "gender expression" as a person's actual or perceived gender-related appearance or behavior, regardless of the person's designated sex at birth. Proposed law defines "gender identity" as a person's actual or perceived gender-related identity, regardless of 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-537 ORIGINAL HB NO. 871 Page 8 of 8 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. Proposed law defines "veteran's status" as one's status of having been honorably discharged from the armed forces of the United States including reserved components of the armed forces, the Army National Guard and the Air National Guard, the commissioned corps of the Public Health Service, and any other category of persons designated by the president in time of war or emergency. Proposed law provides that in the selling or renting of certain nonpublic and nonfederal assistance housing, it is unlawful to refuse to sell or rent, refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny housing to any person because of an arrest record unless, given the nature of the housing, a reasonable person would have a justifiable fear for the safety of the landlord or tenant property or for the safety of other residents or employees. Proposed law provides that, when a person who refuses to rent or sell, negotiate for the sale or rental of, or otherwise make unavailable or deny certain nonpublic or nonfederal assistance housing because an arrest or conviction record would cause a reasonable person to have a justifiable fear for the safety of the landlord or tenant property or for the safety of other residents or employees, he shall provide the rejected party a written statement of refusal detailing. (Amends R.S. 51:2602(A), 2603, 2606(A)(1)-(5), (B), and (C), 2607(A) and (C), and 2608; Adds R.S. 51:2606(A)(7) and (D))