Louisiana Legislative Session

The Apartment Association of Greater New Orleans worked along side The Apartment Association of Louisiana and other affiliates during the 2024 Legislative Session.  Below is a recap of the 2024 session

Dear Members:

Below is the 2024 Louisiana legislative recap. While we reviewed hundreds of bills, six were closely monitored and lobbied, and several of those bills prompted calls to action. Please be advised AAL Attorney Jim Rather and AAL AE Tammy Esponge will instruct classes for all affiliates in the coming weeks and months on HB407, HB913 and SB466, as all have passed favorable and, barring unexpected vetoes from the Governor, will become law.

HB407 – Representative Joe Stagni – Apartment Association of Louisiana bill on Emotional Support Animals - Provides relative to Support and Service Animals

HB407 is intended to prevent rampant fraud and abuse by residents with emotional support animals.  Below is an overview of what the new law will do:

  • Healthcare providers must have an active and valid Louisiana license or an active license within a healthcare profession that has a licensure compact to perform healthcare services being offered to an individual, is qualified and licensed to evaluate and diagnose disabilities and has performed a disability assessment of an individual.
  • All of the following must be included in the documentation relating to an individual’s need for an emotional support animal:
  • The effective date of the documentation
  • The license number of the healthcare provider
  • The type of professional license held by the healthcare provider
  • Healthcare providers must establish a therapeutic relationship with an individual no less than 30 days prior to producing the documentation regarding the individual’s need for a support animal.
  • Healthcare providers must engage with an individual in person or remotely in at least two sessions before issuing documentation determining that the individual requires a support animal.
  • Healthcare providers may not misrepresent someone as disabled and in need of a support animal
  • Individuals may not misrepresent themselves as being disabled and in need of a support animal
  • Misrepresenting an animal as a service dog is a violation of the statute
  • Buyers of service animals or ESA letters must be given certain written disclosures
  • Any individual, business or healthcare provider that violates these provisions shall be fined not more than $500.00 for the first offense, $1,000 for the second offense and $1,500 for the third an subsequent offenses.

HB 407 was slightly amended and passed out of the House and Senate with minimal opposition. It has been sent to the Governor for signature

HB913 - Representative Larry Selders – Provides for transparency of utility bills

HB913 was drafted to address issues with third party utility billing at apartment communities and the perceived difficulties of residents obtaining copies of their utility bills. AAL had several concerns with the original draft of bill, including:

  • It would have been placed within the Louisiana Equal Opportunity Act.  Any violation of LEHOA is subject to fines, penalties, attorney fees and punitive damages. And it would have required owners to provide residents, upon request, utility bills for the unit the resident resides in. However, if a building or the property is on a master account, bills are not broken down by individual unit.
  • The bill was amended to meet most of our concerns and will do the following:
    • The bill only applies to housing providers who utilize third party billing to manage utility billing for a residential unit with an individual meter and is offered for rent or lease
    • A resident may request a housing provider to supply a copy of the original bill for any utility supplied to the unit in which the tenant resides. The request shall be in writing and specify the following: each utility for which the resident is requesting a copy of the original bill or bills, dates requested, which shall be no earlier than the last day of the billing cycle immediately preceding the date request is transmitted to the housing provider, and whether the resident is requesting to be provided with a copy of all future original bills for the utility specified in the request.
    • Housing providers must supply residents with these bills within 30 days of receipt of a written request, or in the case of future bills, within 30 days of receipt of the original bill. Bills may be supplied electronically.
    • A housing provider that violates the provision of this chapter shall be penalized not more than $500.00, and both tenants and the attorney general may seek injunctive relief and penalties.

The bill passed the House and Senate with amendments. It has been sent to the Governor for signature.

SB466 – Senator Rick Edmonds – Provides to Criminal Trespass and Squatters

SB466 amends existing criminal laws of criminal trespass to address squatters on properties. It provides that occupants commit criminal trespass when they remain on immovable property for more than five days after being served a written notice to vacate.  It provides that a squatter commits the crime of criminal trespass when he fails to vacate immovable property after being directed to do so by the rightful possessor or following a restraining order or injunction. It amends the Code of Civil Procedure to authorize the issuance of injunctions against squatters.

The bill passed the House and the Senate.  It has been sent to the Governor for signature.

HB333 – Representative Matthew Willard – Provides relative to application fees paid for leasing residential property.

HB333 was a bill that would have changed the way property owners conduct criminal screening:

Owners would have had to disclose in writing what factors they consider in reviewing criminal histories and denying applications, including the class of crimes and times periods examined for what could result in denial. An applicant would have been able to provide evidence of inaccuracies in their records.  Housing providers who failed to disclose this information would have had to refund application fees within a certain timeframe. The bill would have created a new cause of action against owners including an award of attorney’s fees and a $500.00 penalty which could become substantial if members with large communities do not comply. 

The bill was heard before House Commerce Committee, and thanks to our legislative team’s lobbying efforts and members sending the call to action to the committee, the bill was voted unfavorable and will not become law.

SB144 – Senator Regina Barrow – Provides for local authorities to regulate group homes

SB144’s intent was to target troublesome group homes in residential neighborhoods.  However, the way the bill was drafted, it would have included rental properties, which was not the intent of the bill.  After our successful lobbying efforts, Senator Barrow requested the bill be sent to the Law Institute for a study. The bill will not become law.