Louisiana Revised Statutes 51:2604 – Prohibitions; applicability; exceptions
Terms Used In Louisiana Revised Statutes 51:2604
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Dwelling: means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon at any such building, structure, or portion thereof. See Louisiana Revised Statutes 51:2603
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Person: includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries. See Louisiana Revised Statutes 51:2603
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
A. Subject to the provisions of Subsection B of this Section and La. Rev. Stat. 51:2605, the prohibitions against discrimination in the sale or rental of housing set forth in La. Rev. Stat. 51:2606 shall apply to:
(1) Dwellings owned or operated by the federal government, this state, or by any political subdivision of this state.
(2) Dwellings financed in whole or in part with the aid of loans, advances, grants, or contributions made by:
(a) This state or any political subdivision of this state.
(b) The federal government under agreements entered into after November 20, 1962, unless payment due thereon has been made in full prior to April 11, 1968.
(3) Dwellings provided in whole or in part by loans insured, guaranteed, or otherwise secured by the credit of the federal government under agreements entered into after November 20, 1962, unless payment thereon has been made in full prior to April 11, 1968; provided that nothing contained in Paragraphs (2) and (3) of this Subsection shall be applicable to dwellings solely by virtue of the fact that they are subject to mortgages held by an institution insured by the Federal Deposit Insurance Corporation.
(4) Dwellings provided by the development or the redevelopment of real property purchased, rented, or otherwise obtained from a state or local public agency receiving federal financial assistance for slum clearance or urban renewal with respect to such real property under loan or grant contracts entered into after November 20, 1962.
(5) All other dwellings except as exempted by Subsection B of this Section.
B. Nothing in La. Rev. Stat. 51:2606, except Paragraph A(3) thereof, shall apply to any of the following dwellings:
(1) Any single-family house sold or rented by an owner, provided that such private individual owner does not own more than three such single-family houses at any one time; provided further, that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this Paragraph shall apply only with respect to one such sale within any twenty-four month period; provided further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time; provided further that the sale or rental of any such single-family house shall be excepted from the application of this provision only if such house is sold or rented without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker or salesperson, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, salesperson, or person and without the publication, posting, or mailing of any advertisement or written notice in violation of La. Rev. Stat. 51:2606(A)(3), but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as is necessary to perfect or transfer the title.
(2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters at his residence.
C. For the purposes of Subsection B of this Section, a person shall be deemed to be in the business of selling or renting dwellings if any of the following situations exist:
(1) He has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein.
(2) He has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein.
(3) He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
Acts 1991, No. 527, §1, eff. Jan. 1, 1992.