Legislative Update - March 31, 2022

HB No.  293 by Representative Stephanie Hilferty - UPDATE 3/29/2022

What:  Beginning January 1, 2023, this bill would require all existing  one- or two-family dwellings to have a carbon monoxide detector with a long-life, sealed battery at the time the dwelling is sold or leased.  It would apply to all one- or two-family dwellings including those without gas service due to the prevalent use of portable gas run generators.

The bill has passed the House and will now be heard by the Senate.

Position: Support

Why: Following Hurricane Ida, Louisiana lost six citizens due to carbon monoxide poisoning from improper generator use.  In 2020, nine died from carbon monoxide poisoning.  The presence of a carbon monoxide detector may have prevented these 15 deaths.

The failure to comply with the proposed requirement would not be a reason for nonpayment of any insurance claim, would not cause a delay or stoppage in the transfer of property, and the real estate agent would not be liable for the seller’s failure to comply with the proposed requirement.

HB No. 549 by Representative Delisha Boyd - Updated 3/29/2022

What: This bill would prohibit restrictive covenants based upon religion or race and prohibit the enforcement of existing restrictive covenants based upon religion or race.  The proposed law would apply to property covenants in general and those included in documents pertaining to condominiums, homeowner associations, and timeshares.  The House Committee on Civil Law and Procedure passed the bill onto the House floor unanimously with your support.

Position:  Support

Why:  Unfortunately, in the past race or religion based restrictive covenants were recorded against properties. Some covenants would single out particular races of people that were excluded from owning or occupying the property. Others would limit ownership or occupation to one particular race. Sometimes, these restrictions would be based on religion.

In 1948, the United States Supreme Court ruled these covenants could not be enforced. In 1968, the United States Congress passed the Fair Housing Act, which banned covenants discriminating on the basis of race, color, religion, or national origin.  

Amending Louisiana law to prohibit enforcement of race or religion-based covenants reinforces the REALTOR® Party value of equal opportunity in housing.

HB No. 160 by Representative Mandie Landry - Updated 3/29/2022

What: In parishes subject to a federal disaster declaration, a residential tenant’s prolonged absence would not be used as proof of abandonment for thirty days following the initial declaration of a federally declared disaster thereby assuring tenants’ that their absence after a natural disaster would not be cited as a reason to evict them. 

Position: Neutral

Why:  Louisiana REALTORS® shared your concerns about the bill as filed with Representative Landry and she addressed each and every concern that was raised in amendments adopted by the committee.  We thank her for her willingness to work together on this important issue.