Rental Property - Win and Surprise Amendments - Week 6 of 2019 Legislative Session

Louisiana REALTORS • May 13, 2019

Written by Kim Callaway, Director of Legal & Governmental Affairs

The 2019 Legislative Session is about at its midway point where negotiations over proposed legislation are wrapping up and legislation is either going forward or not.  It is unlikely that a bill still sitting in a committee in its house of origin will move at all, but not impossible.  The two major non-real estate related stories of the week include House Bill No. 372 getting hung up in Senate Judiciary A and the state budget moving to the Senate.  House Bill No. 372 is the bill that seeks to institute civil court procedure reforms in an effort to reduce insurance rates.   In what many believe was a stall tactic, Senate Judiciary Committee A decided the bill needed a fiscal note to determine the possible costs to the state if the bill becomes law.  The bill may be heard in committee again next week, but it is highly likely that the bill will die in committee even if it receives another hearing.   In other news, the state budget left the House and is headed to the Senate.  Leaders of both parties have stated that this year’s budget process has so far been less difficult than in year’s past.  However, it is expected that the Senate will make significant changes to the House version of the budget as they have in years past.  Serious budget negotiations will begin in earnest once the Senate sends the budget back to the House.

BUT HOW DOES THIS AFFECT YOU AS A REALTOR®?  

Senate Bill No. 28, Senator Price

What:  The bill would have mandated residential landlords to wait five days after the failure of payment of rent on the due date to institute eviction proceedings.

Position :  Against

Status :  Failed to move out of Senate Committee

Why :  A mandated delay would have been onerous on landlords.  Each day a rental property is vacant, or a nonpaying tenant is residing in the property is a day the landlord is not producing income from the property.  This should be a contractual issue between a landlord and tenant.

Senate Bill No. 218, Senator Barrow

What:  This bill originally was filed to create a mechanism to address private property operated as group homes for members of the population who may be vulnerable.  The concept of the bill came about following the discovery of a group home in Baton Rouge where residents appeared to be severely neglected and showed signs of abuse.

However, the bill was amended in the Senate Committee on Health and Welfare and is now a bill that would require a property owner to register “a residential dwelling from which the property owner receives payment from the occupants in return for occupying or using the property” with local government. 

The bill would require each property owner to pay a registration fee of up to $500 to the local governing authority registering the property and if the owner failed to register the property then he or she would be assessed up to $150 per week by the local governing entity. 

 In effect, this bill would now require local governments to establish rental registries.

Position:   Against in current form

Status:   Pending action on the Senate Floor

Why:   Louisiana REALTORS® opposes the bill in its current form for the following reasons:

·       Thousands of good landlords should not be punished for the actions of those who do not properly maintain their property or value their tenants.

·       A rental registry for all residential rental property is another layer of burdensome government overreach that is not necessary. 

·       This could drive up rental rates and result in fewer affordable housing units.

·       The fees proposed by this bill are excessive.

OTHER ITEMS OF INTEREST IN WEEK SIX:

House Bill No. 299, Representative Carmody

What:  A continuing education vendor would be able to bypass the standard continuing education course approval process and instead go directly to the Executive Director of the Louisiana Real Estate Commission to request approval for the class to be offered for continuing education credit if the course is:

(1)    A live course offered once a year in any one location and in conjunction with a conference, meeting, forum, or similar event held or sponsored by a state or local real estate trade association, or any affiliated Institute, Society, or Council.

(2)   Offered to obtain certifications or designations awarded by the National Association of REALTORS® or its affiliated institutes, societies, and councils.

A state entity could also use this simplified process in seeking approval of any course it would like to offer to real estate licensees for continuing education approval.

Position:  For

Status:   Passed the House Floor; Pending Referral to Senate Committee

Why:  The hope is that this fast track process will assist your state and local real estate associations in offering timely and interesting courses for you to attend to meet your continuing education requirements.

House Bill No. 419, Representative Ivey

What:   Buried deep in a 102-page bill, there was a proposed a constitutional amendment to allow parishes the option of setting their own homestead exemption rather than the current $75,000 homestead exemption that is the same statewide.

Position:  Against

Status:   Failed in the House Ways and Means Committee.

Why:  On Tuesday, April 23rd over 200 REALTORS® appeared at the Louisiana State Capitol and informed legislators that any change to the homestead exemption should meet at least these three standards:

• Be part and parcel of changing Louisiana’s outdated system of how local governments

are funded

o   The state's funding of vital services and projects sets a significant number of

roadblocks for local governments. Changing the homestead exemption does not address

this issue in its entirety.

• Provide predictability for the homeowner

o   Property owners deserve to know their homestead exemption will remain the same

for a long period of time if changed from the current statewide exemption.

• Provide for stability in the real estate market

o   In order to maintain a stable real estate market for our communities, home buyers need a predictable tax climate when making decisions on a home purchase.

House Bill No. 340, Representative Paul Hollis

What:  This bill would allow an appraiser to perform an evaluation on property for a federally insured depository institution if federal law or rule permits them to do so.

Status:  Passed Senate Committee, Pending on the Senate floor

Position:  For

Why:  The proposed change would allow appraisers to perform services that they are currently prohibited from offering.

State law currently prohibits a licensed real estate appraiser from performing an evaluation on property for a federally insured depository institution.  This bill would change that and allow an appraiser to perform an evaluation for these institutions if federal law or rule permits them to do so.

Senate Bill No. 191, Senator Norby Chabert

What:   Proposes time limitations in which appraisers can be sued for their work.  With the Amendments adopted in the House Committee on Civil Law and Procedure, the limitation would not apply to any action filed prior to January 1, 2020 and the change would not be effective until January 1, 2020.

Status:   Passed House Committee on Civil Law and Procedure, Pending House Floor

Position:   For

Why:   The passage this bill would allow for appraisers a to have some certainty that they will not be sued for their work after a certain period of time.

Currently there is no time limit on when an appraiser can be sued for issues arising from an appraisal he conducts.  These bills would limit the time in which an appraisal professional could be sued for issues arising from an appraisal.

Louisiana REALTORS® is in favor of this bill because its passage would allow for appraisers to have some certainty that they will not be sued for their work after a certain period of time.

House Bill No. 372, Representative Kirk Talbot

What:  House Bill No. 372 contains changes laws that govern many aspects of personal injury lawsuits in the hopes that, if implemented, lead to better auto insurance rates for Louisiana individuals, families and businesses.

Status:   Deferred one week pending a fiscal note requested by Senate Judiciary A; scheduled for hearing on May 14, 2019.  However, it is likely to die in this committee.

In a recent survey of members of Louisiana REALTORS®, you told us that keeping up with technology was your biggest operational concern, but the top second and third concerns were the potential for litigation and insurance costs. If this bill become law, the hope is that your potential for litigation will be reduced and your insurance costs will go down. 

House Bill No.  317, Representative Howard

What:  Authorizes the creation of a Louisiana REALTORS® special prestige license plate

House Bill No. 317 was reported out of in the Senate Committee on Transportation, Highways and Public Works on Thursday, May 9th. The bill would allow a special prestige license plate to be made available for members of Louisiana REALTORS®.  All members could purchase the plate for their vehicle from the office of motor vehicles upon paying a $10 annual fee that would benefit the Louisiana REALTORS® Relief Fund and a $3.50 production fee.  However, it will likely be a few years before the plate would be available as the office of motor vehicles is undergoing a complete renovation of their motor vehicle registration system.

Status:   Passed Senate Transportation, Highways, and Public Works; Pending Senate Floor

Position :  For

Why :  Louisiana REALTORS® asked that this bill be filed so you can show your REALTOR® pride while also helping the Louisiana REALTORS® Relief Fund.

By Louisiana REALTORS® May 8, 2026
Week 9 brought several major Louisiana REALTORS® priorities into posture as the Legislature moved deeper into the final stretch of the session. Two of our top priority bills, HB 468 and HB 1027 both by Representative Troy Hebert , cleared the Legislative Bureau and advanced to the Senate floor calendar for third reading and final passage. HB 468, our residential wholesaling regulation bill, remains one of the most important consumer protection measures of the session. The bill brings transparency, accountability, and clear rules of the road to residential real estate wholesaling in Louisiana. HB 468 previously passed the House by a vote of 96–0 and is now positioned for final Senate consideration. HB 1027, which clarifies that licensed real estate appraisers are not liable for a seller’s failure to comply with carbon monoxide detector requirements, also advanced to the Senate floor calendar after previously passing the House by a vote of 90–0. Both bills remain in strong posture, and Louisiana REALTORS® will continue working for final passage as they move through the Senate. Another major development this week was the House passage of HB 1166 by Representative Kim Carver , which passed unanimously on May 5, 103–0. HB 1166 creates a practical disclosure framework for vacant residential property transactions and is designed to help buyers, sellers and real estate professionals avoid late-stage surprises involving access, utilities, drainage, flood risk, prior use and other material property conditions. This bill has been a key part of Louisiana REALTORS®’ consumer protection and transactional clarity agenda. HB 1166 was received in the Senate on May 7 and now moves into the Senate side of the process, where Louisiana REALTORS® will continue working closely with the author and stakeholders as the bill advances. Tort reform and civil justice issues also moved forward this week. HB 437 by Representative Michael Melerine , which addresses the award of expert witness fees in civil litigation, passed the House by a vote of 75–18 and was received in the Senate on May 7. HB 1089 by Representative Dennis Bamburg Jr. , which creates structured CARE Accounts for certain categories of tort damages, passed the House by a vote of 67–29 and was also received in the Senate. Louisiana REALTORS® continue to support meaningful tort reform as part of the broader effort to improve Louisiana’s legal environment, reduce litigation-driven costs, and help stabilize the property insurance market. A more predictable civil justice system directly supports property owners, consumers, businesses and the long-term health of Louisiana’s real estate market. Property insurance remains one of the most important issues facing homeowners and property owners across the state. HB 1187 by Representative Paul Sawyer , dealing with Citizens Property Insurance emergency assessments, has been received in the Senate and referred to the Senate Insurance Committee after previously passing the House by a vote of 87–9. Several additional insurance-related measures remain active, including bills addressing fortified roof endorsements, stated-value homeowner policies, insurance notice requirements, nonrenewal restrictions, and pre-suit claim review. HB 408 , which addresses insurance nonrenewal prohibitions, and HB 1210 , which addresses mandatory pre-suit claim review, remain pending in the House Insurance Committee. Louisiana REALTORS® will continue to closely monitor these measures because insurance affordability, availability and market stability remain central to housing affordability and private property ownership in Louisiana. Several Senate bills also continued moving through the House processes this week. SB 241 by Senator Valarie Hodges , which requires insurance adjusters and appraisers to include their license numbers in written communications, cleared the Legislative Bureau on May 6 and returned to the House floor calendar. This measure remains relevant to transparency, accountability, and consumer confidence in the insurance claims process. SB 180 by Senator Franklin Foil , which allows surviving spouses of deceased disabled veterans to transfer their expanded property tax exemption, was scheduled for House floor debate this week and remains a positive homeowner protection and property tax fairness measure. Louisiana REALTORS® also continues to monitor legislation dealing with blight, redevelopment and rent stabilization. HB 284 by Representative John Wyble , which would authorize certain parishes and municipalities to expropriate blighted property by declaration of taking, remained on the House calendar this week as a notice-given, subject-to-call bill. The bill previously failed on the House floor by a narrow vote of 48–47 and remains under active reconsideration. Blight policy is important, but redevelopment tools must be balanced with private property rights, due process, and protections for property owners. HB 472 by Representative Alonzo Knox , which would authorize municipalities to implement rent stabilization programs, remains involuntarily deferred in committee. Louisiana REALTORS® continues to oppose rent control and rent stabilization proposals in any form because these policies reduce housing supply, discourage investment, and ultimately worsen affordability challenges over time. As we move into Week 10, Louisiana REALTORS® will remain focused on securing final Senate passage of HB 468 and HB 1027, advancing HB 1166 through the Senate, and continuing to engage on the tort reform and insurance measures that directly affect property owners, housing affordability and the real estate profession. With REALTOR® Day at the Capitol taking place during this critical stretch of the session, member engagement will be especially important as legislators continue to make decisions on real estate, insurance, liability, redevelopment and private property rights issues. Please view the weekly bill tracking report provided by our lobbying team over at Harris, DeVille and Associates.
By Louisiana REALTORS® May 1, 2026
Week 8 was one of the most consequential weeks of the session so far for Louisiana REALTORS® and the real estate industry. Two of the association’s flagship bills moved to the brink of final Senate action, rent stabilization was stopped again in committee, major insurance legislation continued to advance, and several bills affecting property rights, tort reform and transaction practice saw meaningful movement. The biggest developments of the week came on HB 468 and HB 1027 , both by Rep. Troy Hebert . HB 468 , the residential wholesaling bill, cleared the Senate Commerce Committee on April 28, had its amendments adopted on April 29, and was referred to the Legislative Bureau putting it one step away from the Senate floor. HB 1027 , the appraiser liability bill, followed the same path after its overwhelming House passage earlier this month and is also now pending Legislative Bureau review before final Senate consideration. Louisiana REALTORS® strongly supports both measures, which are designed to strengthen consumer protection, improve market clarity and reinforce confidence in the real estate transaction process. On the rent-control front, HB 472 by Rep. Alonzo Knox was brought back before the House Municipal, Local and Parochial Affairs Committee this week. Louisiana REALTORS® testified in opposition, and the committee voted 8-5 to defer the bill involuntarily. That is a meaningful win for property owners, housing providers, and the long-term health of Louisiana’s housing market. Louisiana REALTORS® remains firmly opposed to rent stabilization proposals, which may sound politically attractive, but have consistently been tied to reduced housing supply, deterioration in rental stock and long-term affordability problems in markets where they are adopted. Insurance remained one of the session’s most active and important policy areas. HB 1187, Rep. Paul Sawyer , dealing with Louisiana Citizens for emergency assessments, passed the full House 87-9 on April 29, and now heads to the Senate. Because Citizens' assessments can ultimately affect policyholders across the state, this bill has clear relevance for affordability and homeownership costs. HB 408, Rep. Edmond Jordan was heard in House Insurance Committee this week and remains pending. This bill would prohibit insurers from non-renewing residential policies when homeowners have taken documented steps to reduce risk, an issue with direct implications for insurability and failed closings in vulnerable markets. In addition, SB 241 by Sen. Valarie Hodges , which requires insurance adjusters and appraisers to include their license numbers in written communications, cleared House Insurance unanimously and is now headed to the House floor. Taken together, these measures reflect the legislature’s continued focus on insurance stability, transparency and accountability, all of which remain central to real estate activity in Louisiana. Week 8 also brought movement on broader tort reform and property-rights-related legislation. HB 437 , addressing expert witness fees, and HB 1089 , creating structured CARE Accounts for tort damages, both cleared House Civil Law and are now set for House floor debate next week. Meanwhile, SB 180 by Sen. Franklin Foil , allowing surviving spouses of disabled veterans to transfer a property tax exemption, is nearing final House passage after advancing to third reading. While not all of these bills directly regulate licensees, they reflect the broader civil liability and property tax environment that affects the cost and accessibility of owning property in Louisiana. Another key bill for the industry, HB 1166 by Rep. Kim Carver , remains very much alive and is now positioned for House floor debate on Tuesday, May 5 . The bill would require disclosures for vacant residential property, and it would close an existing gap in Louisiana law that currently exempts many vacant homes from standard seller disclosure rules. After being called and returned to the calendar earlier in the week, the bill is now finally set for debate. Louisiana REALTORS® also intends to use the bill as a vehicle for a structural amendment to the Louisiana Real Estate Commission that would move toward a more geographically balanced appointment process, with one member appointed from each congressional district and the remaining members appointed at large. That change would better ensure regional representation across Louisiana’s diverse real estate markets and help modernize the commission’s structure. Taken together, week 8 was a strong and consequential week for Louisiana REALTORS®. The association’s two flagship bills are now within reach of Senate floor passage, rent stabilization was turned back in committee, important insurance legislation continued moving, and HB 1166 remains positioned as both a major disclosure bill and a possible vehicle for meaningful LREC reform. Louisiana REALTORS® remains fully engaged at every stage of the process to protect private property rights, support practical regulation and advance policies that strengthen Louisiana’s real estate market. Lastly, this week, Louisiana REALTORS® wants to extend sincere thanks to Rep. Delisha Boyd — a real estate broker herself — for her tireless work shepherding HB 292 through the legislative process. The security deposit fairness bill, which allows landlords and tenants to mutually agree in writing to extend the timeline for returning a security deposit when damage is found, has passed to third reading and final passage in the Senate and is nearly on its way to the Governor's desk. This has been a meaningful win for both property owners and renters across Louisiana. Please view the weekly bill tracking report provided by our lobbying team over at Harris, DeVille and Associates.
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