Housing Law Protections For Domestic Abuse Victims

In Louisiana, specific laws and statutes are designed to protect domestic abuse victims against housing eviction and to provide them with certain rights to ensure their safety and housing stability. Key provisions under Louisiana law include:

1. Early Lease Termination for Domestic Abuse Victims: Louisiana law allows victims of domestic abuse to terminate their rental agreements early without penalty, under certain conditions. This is designed to enable victims to leave unsafe living situations without being financially penalized for breaking a lease early. Victims may need to provide documentation of the abuse, such as a protective order, to qualify for early termination rights. Victims may use the Lease Cancellation Request to ask their landlord to end their lease early.

2. Protection from Eviction Based on Status as a Victim: Louisiana laws protect domestic abuse victims from being evicted solely because of their status as a victim. This means landlords cannot evict a tenant just because they are a victim of domestic violence, ensuring that victims are not further victimized by losing their housing.

The individuals protected under these laws typically include:

1. Victims of Domestic Abuse: This is the primary group that Louisiana's housing laws aim to protect. Domestic abuse encompasses physical violence, sexual assault, stalking, psychological abuse, or any threat thereof, typically by a family member, partner, or household member.

2. Family Members of the Victim: In some cases, Louisiana law extends protections to family members of the victim who may also be living in the household and are affected by the abuse. This can include children, siblings, or other dependents who reside in the home and are at risk.

3. Household Members: The definition of protection can also extend to individuals who share a living space with the victim, not necessarily related by blood or marriage.

Domestic abuse is defined as the intentional use of force or violence by one household or family member against another that occurs within the rented home. It covers any "crime of violence" under Louisiana law. Examples of crimes of violence include murder, assault, battery, rape, kidnapping, arson, burglary, robbery, carjacking, stalking, human trafficking, home invasion, and violation of a protective order. 

Family members include current/former spouses, parents, children, other ascendants (like grandparents), and other descendants (like grandchildren). Household members include anyone living or formerly living in the same home as the victim who has been in a sexual or intimate relationship with the victim, any child living or formerly living in the same home as the abuser, and any child of the abuser.

Tenants are required to submit appropriate documentation to demonstrate instances of domestic abuse, comprising a formal letter and evidence of such abuse occurring within the last 30 days. Acceptable forms of proof include a domestic abuse protective order or a certification authenticated by a recognized third party.

Victims can utilize the Lease Cancellation Request form to petition their landlord for early termination of their lease agreement.

In Louisiana, to terminate a lease early due to domestic abuse, a "qualified third party" can specifically include individuals working within the framework of community support and shelter services. This definition is more precise and includes:

• Executive Director or Program Director: These are senior-level individuals at a community-based shelter that has a contractual relationship with the Department of Children and Family Services. Their roles typically involve overseeing the operations and programs designed to support and shelter domestic abuse victims.

• Other Shelter Employees: Besides the directors, other employees at these shelters can also serve as qualified third parties, provided they work directly in roles that support domestic abuse victims and have a thorough understanding of the issues these individuals face.

• Professional Credentials: Importantly, these individuals must either be a licensed clinical social worker (LCSW) or hold a master’s degree in social work (MSW). These credentials ensure that the person has the professional training and expertise to accurately assess and verify domestic abuse cases.

This specific criterion for who can act as a qualified third party ensures that the verification process for early lease termination due to domestic abuse is conducted by professionals who are not only knowledgeable about domestic violence but also equipped with the expertise to provide appropriate support and validation for the victims. This process helps maintain a standard of care and ensures that the rights and safety of domestic abuse victims are prioritized in housing matters.

Upon submitting a request for early lease termination due to domestic abuse, the lease will conclude within 30 days from the date of the request, or on another date mutually agreed upon by the tenant and the landlord. Tenants are obligated to pay rent up to the termination date, in addition to settling any rent that is already due. This ensures that while tenants can exercise their right to secure safety and housing stability, they also fulfill their financial obligations under the lease up to the point of its early termination.