2018 Legislative Session (Week 4)
LOUISIANA REALTORS • April 9, 2018
UPDATES FROM BILLS DISCUSSED IN WEEK 3
HOUSE BILL NO. 659, REPRESENTATIVE KENNY HAVARD, LIMITATIONS ON NON-CONSENSUAL TOWING
This bill would have put additional requirements on property owners who have vehicles towed off their lots for parking violations. Louisiana REALTORS® raised several concerns and the bill’s author was agreeable to preserving current law and property rights by amending the bill to address those concerns.
However, the bill was defeated after much opposition from the towing industry.
HOUSE BILL NO. 617, REPRESENTATIVE STEPHANIE HILFERTY, RESIDENTIAL PROPERTY DISCLOSURE
Louisiana REALTORS® had this legislation filed to clarify existing law following the Valobra v. Nelson case and subsequent changes to the residential property form.
The bill passed the House with unanimously and now heads to the Senate for further consideration.
SENATE BILL NO. 462, SENATOR DANNY MARTINY – INCLUSIONARY ZONING
Currently, Louisiana allows municipalities and parishes to pass inclusionary zoning ordinances to promote the development of affordable housing. Inclusionary zoning requires housing developers to sell or rent a proportion of their units below market rate, regardless of the economics of a project or whether the developer receives just compensation. Senate Bill 462 would instead allow municipalities and parishes to offer VOLUNTARY economic incentive policies to promote the development of affordable housing.
Louisiana REALTORS® will be resending a call to action next week to members who have not responded to the call to action on this important bill.
ADDITIONAL BILLS
HOUSE BILL NO. 386, REPRESENTATIVE KATRINA JACKSON, CHANGES TO SECURITY DEPOSITS FOR RESIDENTIAL LEASES
This bill proposed a law change on security deposits for residential leases and potentially placed additional burdens on residential lessors. Louisiana REALTORS® was opposed to certain components of this bill. The bill was defeated in the House Commerce Committee after much debate. There is a similar Senate bill that we will continue to monitor.
HOUSE BILL NO. 653, REPRESENTATIVE SIMON, INCLUDES ELEVATORS AND ESCALATORS AS LIFE SAFETY EQUIPMENT
This bill would require property owners to register elevators and escalators in their commercial buildings with the State Fire Marshal and to allow the state fire marshal to inspect these devices.
REALTOR® members expressed concerns that there are currently parishes and municipalities that already inspect these devices and the proposed law would have property owners in these areas subject to two inspections. An amendment was placed on the bill to exempt parishes and municipalities that are already inspecting these devices therefore only requiring property owners in these parishes and municipalities to have their elevators and escalators inspected by one entity.
REGULATION OF BOARDS AND COMMISSIONS
Several bills are going through the legislature to modify how boards and commissions operate. Some of these bills would have an impact on real estate licensees and LR will continue to work with the authors of these bills and will update members on changes or impacts as session progresses.
ACCESS THE BILL TRACKER
Louisiana REALTORS® is compiling a cookbook of Louisiana flavor with a REALTOR® heart in support of the REALTORS® Relief Foundation . And we have two ways for you to get involved: Join us in contributing your favorite recipe using this online form. If you want to include a picture with your recipe, send to info@larealtors.org and reference recipe title in email subject. Or share your creativity by designing the cover artwork for the cookbook. A small committee will review all entries and choose one to print on the cover. Stay tuned for more details on when you can grab your own copy of the cookbook! Cover artwork and recipes are due by April 17th.
Week three of the Regular Session kept real estate issues in the conversation, even as lawmakers continued to focus heavily on workforce, tax and insurance policy. On the property tax front, measures to reshape assessments and exemptions, including proposals for a new blight rehabilitation exemption and additional relief for seniors, remain parked in the House Ways and Means Committee as stakeholders work through fiscal and local government concerns. These bills matter because they will influence long-term carrying costs, redevelopment incentives and how tax burdens are shared across residential and commercial property. Homestead related legislation, including parish level authority to increase the exemption amount, is also in the queue, signaling that the broader structure of Louisiana’s homestead system is officially on the table, not just the dollar figure. For homeowners and buyers, this debate goes directly to affordability. For local governments, it raises revenue stability and service delivery questions. There also has been movement on several identical pieces of legislation that would instruct parish assessors to develop a process for homeowners to permanently register for the homestead exemption for the duration that they own and live on the property. We are actively tracking legislation that will directly shape how investor activity and non-traditional transactions are recognized and regulated in Louisiana’s real estate market. This includes HB 468 by Troy Hebert , a key component of the Louisiana REALTORS® legislative package that targets the wholesale of residential real estate, which was heard in the House Commerce Committee on Monday. The bill is currently positioned for a floor vote early next week. As drafted, HB 468 represents a major step in the right direction for consumer protection in Louisiana, advancing needed guardrails through potential disclosure, registration, and practice standards that could redefine how assignment contracts and “off-market” transactions intersect with licensed brokerage activity. In parallel, HB 292 by Delisha Boyd passed the House on final reading, 86-3, and is on its way to the Senate. Together, these measures represent a coordinated policy effort to bring greater structure and transparency to emerging transaction models, while preserving the integrity of the traditional brokerage framework. Finally, the broader policy backdrop remains important: the Governor continues to push income tax changes and cost of living relief, while business and industry groups are prioritizing insurance, workforce and energy — each a key driver of long run housing demand and investment. As these debates evolve, we’ll keep you updated on what moves, what stalls and what it all means for your clients, your pipeline and private property rights across Louisiana. Please view the weekly bill tracking report provided by our lobbying team over at Harris, DeVille and Associates.
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