Louisiana Revised Statutes 51:2613 – Enforcement by private persons
Terms Used In Louisiana Revised Statutes 51:2613
- Aggrieved person: includes any person who:
(a) Claims to have been injured by a discriminatory housing practice; or
(b) Believes that he will be injured by a discriminatory housing practice that is about to occur. See Louisiana Revised Statutes 51:2603
- Complainant: means that person who files a complaint pursuant to Louisiana Revised Statutes 51:2603
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conciliation: means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the attorney general or his designee. See Louisiana Revised Statutes 51:2603
- Conciliation agreement: means a written agreement setting forth the resolution of the issues in conciliation. See Louisiana Revised Statutes 51:2603
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discriminatory housing practice: means an act that is unlawful pursuant to Louisiana Revised Statutes 51:2603
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Respondent: means the person or other entity accused in a complaint of a discriminatory housing practice, or, any other person or entity identified in the course of an investigation and notified that they are a respondent who shall be joined in the complaint. See Louisiana Revised Statutes 51:2603
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
A. If no complaint has been filed with the attorney general pursuant to La. Rev. Stat. 51:2611, an aggrieved person may commence a civil action for enforcement of the rights granted pursuant to this Chapter in an appropriate state court of general jurisdiction within two years after the alleged discriminatory housing practice occurred.
B. An action to obtain relief arising from a breach of conciliation agreement entered into pursuant to this Chapter may be commenced in an appropriate state court of general jurisdiction within one year after the alleged breach.
C. If a complaint filed with the attorney general pursuant to La. Rev. Stat. 51:2611 is dismissed by the attorney general, or if within the time period set forth in La. Rev. Stat. 51:2611(F) the attorney general has not:
(1) Filed a civil action under La. Rev. Stat. 51:2614,
(2) Entered into a conciliation agreement with the complainant and respondent,
the attorney general shall notify the complainant or the party on whose behalf the complaint was filed. In no event, including the failure of the attorney general to issue the notification required herein, shall any action be brought pursuant to this Chapter more than two years after the alleged discriminatory housing practice occurred. On timely application, the court, in its discretion, may permit the attorney general to intervene in civil actions in which this state is not a defendant on certification that the case is of general public importance. On request, the court, in its discretion, may stay further proceedings for not more than sixty days pending the further efforts of the parties or the attorney general to obtain voluntary compliance.
D. Upon application by the plaintiff and in such circumstances as the court may deem just, a district court in which a civil action under this Section has been brought may appoint an attorney for the plaintiff and may authorize the commencement of a civil action upon proper showing without the payment of fees, costs, or security, to the extent not inconsistent with the law or procedures of this state.
E. The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order and may award to a prevailing plaintiff actual damages and punitive damages, together with court costs and reasonable attorney fees.
F. Any sale, encumbrance, or rental consummated prior to the issuance of any court order issued pursuant to the authority provided in this Chapter and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the existence of the filing of a complaint or civil action under the provisions of this Chapter shall not be affected.
G. Nothing in this Chapter shall impair any right to sue or cause of action arising under 42 United States Code, Sections 3610, 3612, and 3613, except, if applicable, on agreement between the parties.
H. If a party elects to proceed on a claim in a federal court, he shall be precluded from filing the same claim in an appropriate court of this state.
I. The court may grant as relief, as it deems appropriate, court costs and reasonable attorney fees to a prevailing defendant, consistent with federal civil rights statutes.
Acts 1991, No. 527, §1, eff. Jan. 1, 1992; Acts 1992, No. 569, §1; Acts 1999, No. 687, §1.