Louisiana Advocates Win Protections for Tenants in Foreclosed Properties

The Louisiana Housing Alliance (LHA), an NLIHC State Coalition Partner, is celebrating its latest victory for residents and tenants of affordable housing, this time coming from the state legislature. In June, lawmakers passed S.B. 156/Act No. 354, which requires landlords to give written notice of a foreclosure action to tenants within seven calendar days of being served; this requirement also pertains to Section 8 Voucher holders. The law further requires that prospective tenants receive written notice of a pending foreclosure action at the time they enter into a lease agreement. Advocates credit affordable housing champion State Senator Sharon Weston Broome (D) with the victory. In early 2012, LHA approached Senator Weston Broome with draft tenant protections as a part of a larger bill to create a Uniform Residential Landlord and Tenant Act. However, legislative staff saw the proposed act as too cumbersome to tackle during the legislative session, believing that varied landlord and tenant laws would need to be repealed if the act passed. So the advocates worked to make the foreclosure protection section a standalone bill and moved forward. Given initial opposition from mortgage bankers, realtors and landlord associations, LHA and Senator Weston Broome decided that the best strategy would be for advocates to remain low key during legislative negotiations. LHA, fully confident in the senator’s ability to protect the bill, continued to play an influential role as an advisor during negotiations. As the bill was debated on the Senate floor, the senator facilitated negotiations between LHA and the Mortgage Bankers Association in an effort to block the association’s attempts to amend and weaken the bill. The final version of the bill passed with all 39 senators voting for it.Under the new law, renters are eligible for compensation if it is determined that the owner has failed to give the required notice. It allows renters to recover $200 in damages, in addition to any other damages, remedies and costs to which the renter may be entitled, such as moving costs and utility deposits. Every year since 2008, LHA has successfully championed legislation at the State Capitol through its partnership with Senator Weston Broome and her colleagues. “We are so grateful to Senator Weston Broome for her tireless work on behalf of Louisiana families, especially those who are low income or vulnerable,” said Marla Newman, LHA executive director and NLIHC board member. “The Senator has played a key role in nearly all of our legislative victories; she is a true champion of affordable housing.” LHA is working with the Lawyers Committee for Civil Rights Under Law, an NLIHC member, and local advocates to devise a strategy to get the rest of the protections from the original bill draft passed. For more information, contact Marla Newman at [email protected]