2018 Legislative Session Recap
LOUISIANA REALTORS • May 29, 2018

LOUISIANA REALTORS® RECAP OF THE 2018 REGULAR LEGISLATIVE SESSION
Louisiana REALTORS® is happy to report that the real estate industry came out of the 2018 Regular Legislative Session unscathed once again. In large part, the bills that Louisiana REALTORS® supported are awaiting action on the part of the governor and bills that Louisiana REALTORS® opposed were either heavily amended to remove our opposition or stalled in the legislative process.
Below is a summary of key bills tracked by Louisiana REALTORS® and where they stand in the process at of the time of this post. For further information on these or any other pieces of legislation, please contact Kim Callaway, kim@larealtors.org, (225) 923-2210.
HB NO. 383/ VOLUNTARILY DEFERRED IN HOUSE COMMITTEE
This bill was Louisiana REALTORS® first-time home buyer rebate proposition.
· While the bill did not reach the finish line due to budget constraints, it did allow Louisiana REALTORS® to promote the benefits of homeownership and highlight the struggles first-time home buyers face in today’s environment.
· These discussions with legislators will better position Louisiana REALTORS® with future legislation filed to help first-time home buyers pursue the American dream of home ownership.
HB NO. 372/SENT TO THE GOVERNOR
House Bill No. 372 would require administrative rules sought to be promulgated by boards and commissions, including but not limited to the Louisiana Real Estate Commission (LREC), to undergo additional review to ensure that members who sit on occupational licensing will avoid liability under federal antitrust laws.
· At the request of the author, Louisiana REALTORS® was at the table at every meeting where associations representatives negotiated committee amendments for the bill.
· Louisiana REALTORS® worked tirelessly with representatives of a coalition of 50+ national and state associations to ensure that amendments were adopted to put the bill in a posture that Louisiana REALTORS® and most associations accepted.
HB NO. 617/SENT TO THE GOVERNOR
Representative Hilferty filed this bill on behalf of Louisiana REALTORS® to clarify some matters following the Valobra v. Nelson case pertaining to the residential property disclosure form.
· The bill clarifies that the residential property disclosure form is required to be executed for all subsequent transfers following the property being transferred through a succession.
· The bill further clarifies that the seller must disclose whether there was a meth lab on the property to be sold that is still on the list of contaminated properties maintained by the Department of Environmental Quality.
HB NO. 659/INVOLUNTARILY DEFERRED IN HOUSE COMMITTEE
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 had amendments adopted to address those concerns.
· However, the bill still failed to pass due to opposition from the towing industry.
Louisiana REALTORS® is proud that we were able to convince the author and the committee of the need to preserve property rights and that the bill was changed to address our concerns.
HB NO. 748/SENT TO THE GOVERNOR
This bill would have potentially given the state authority over certifications and designations that REALTORS® are awarded by the National Association of REALTORS® and certifications issued by private organizations in other professions and occupations.
· The author stated that this was not her intent and had amendments adopted to remove this portion of the bill.
· However, the bill also sought to establish questionable policy regarding the standards by which the state could legitimately regulate any occupation or profession.
· Due to the concerns of Louisiana REALTORS® and almost 50 other organizations of professions and occupations, the bill was largely amended in the Senate Committee on Commerce, Consumer Protection and International Affairs to only require a review of all agencies that issue professional and occupational licenses and a timeline for that review.
SB NO. 462/VETOED
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 have instead allowed municipalities and parishes to offer VOLUNTARY economic incentive policies to promote the development of affordable housing.
Governor Edwards vetoed this bill stating that it may jeopardize federal funding available to local governments for affordable housing programs. However, in his veto message Governor Edwards stated that he is not opposed to signing similar legislation next year if local governments do not actively pursue inclusionary zoning strategies within the next year.
SB NO. 466/ACT NO. 416
As filed, this legislation proposed a law change on security deposits for residential leases and potentially placed many additional burdens on residential lessors. Therefore Louisiana REALTORS® was initially opposed to the bill.
· However, after amendments were put on the bill it now only provides that a tenant would have the right to recover the amount of the portion of any security deposit wrongfully withheld and $300 or twice any portion of the security deposit wrongfully withheld, whichever is greater.
· Prior law allowed the tenant to recover actual damages or $200, whichever was greater.
· These amendments significantly altered the bill and removed not only Louisiana REALTORS® opposition but also the opposition of the Apartment Association of Louisiana.

Louisiana REALTORS® spent week six of the Legislative Session actively engaged on several bills at the Capitol impacting core industry priorities, including private property rights, affordability, redevelopment and transaction-related regulations. Most of the meaningful activity remained in the House, where lawmakers continued advancing measures with direct implications for the real estate market. HB 284 by Rep. John Wyble , which would authorize certain local governments to expropriate blighted property by declaration-of-taking, failed on final passage in the House Tuesday by a 48-47 vote, and remains subject to reconsideration. Meanwhile, HB 472 by Rep. Alonzo Knox , which would authorize rent stabilization at the local level, was voluntarily deferred in committee following testimony from Louisiana REALTORS® and our partners at the Louisiana Apartment Association effectively ending its path this session. This marks a significant win, as rent control policies do not address housing supply challenges and instead risk further market distortion. In House Commerce, several key bills moved forward. HB 1027 by Rep. Troy Hebert , which clarifies that appraisers are not liable for a seller’s failure to meet smoke and carbon monoxide detector requirements, passed committee unanimously and is now slated for a House floor vote. This common-sense measure protects appraisers and helps preserve efficiency in the transaction process. HB 673 by Rep. Tammy Phelps , which would have imposed new security camera mandates on certain blighted properties, was also voluntarily deferred following industry opposition. Additionally, HB 426 by Rep. Phelps , which addresses criminal blighting and expands enforcement liability, remains under consideration. Louisiana REALTORS® is monitoring this bill closely to ensure efforts to address blight do not unintentionally discourage investment or redevelopment. We continue to track broader market integrity and redevelopment efforts. HB 468 by Rep. Hebert , addressing residential wholesaling, has now moved to the Senate after unanimous House passage. HB 217 by Rep. Chance Henry , which provides tax incentives for the rehabilitation of blighted property, also remains active in the Senate and represents a constructive approach to redevelopment. Looking ahead, the House Commerce Committee will consider HB 1166 by Rep. Kim Carver next week, which addresses disclosure requirements for vacant residential property. Louisiana REALTORS® supports clear, consistent consumer disclosures and have been working closely with the author and the Louisiana Real Estate Commission to ensure the bill is structured to promote transparency while maintaining practical standards and avoiding unintended liability for real estate professionals. Overall, the House carried the bulk of real estate activity this week, while the Senate saw limited movement on major REALTOR® priorities. As the session continues, Louisiana REALTORS® remains focused on protecting private property rights, opposing harmful market interventions, supporting responsible redevelopment and advancing policies that strengthen real estate transactions for both consumers and our members. Please view the weekly bill tracking report provided by our lobbying team over at Harris, DeVille and Associates.

This week at the Capitol, Louisiana REALTORS® saw meaningful movement on several issues that directly impact the real estate industry. Most notably, HB 468 by Representative Troy Hebert, a key part of our legislative agenda, passed the House unanimously, 96–0, and now heads to the Senate. The bill creates a clear framework for regulating residential real estate wholesaling, strengthens disclosure requirements and gives the Louisiana Real Estate Commission enforcement authority, including penalties for violations. That vote margin speaks for itself and reflects strong bipartisan support for greater transparency and accountability in this market segment. We are also closely engaged on legislation tied to blight, redevelopment and property rights. HB 217 by Representative Chance Henry, which authorizes an optional property tax exemption for blighted or derelict properties that have been rehabilitated, and ties that exemption to local redevelopment plans, passed the House floor by an 84–12 vote. It is now moving through the Senate process. Louisiana REALTORS® supports HB 217 because it creates another tool to encourage redevelopment, return distressed property to productive use and strengthen communities when implemented responsibly. Louisiana REALTORS® also support Representative John Wyble’s HB 284 , which would authorize certain parishes and municipalities to address blighted property through a declaration-of-taking process in limited jurisdictions. HB 284 is currently subject to a call on House final passage. While any proposal involving expropriation deserves careful attention, we support the goal of giving communities practical tools to deal with truly blighted and abandoned property that drags down surrounding neighborhoods, depresses property values and slows local recovery. Insurance remains one of the biggest issues of the session and continues to affect housing affordability and market stability across Louisiana. Lawmakers are working on proposals to reduce premiums, increase competition and improve the overall insurance climate. The Fortified Roof Program continues to generate significant discussion and, candidly, a fair amount of noise, but Louisiana REALTORS® and our coalition partners are actively monitoring all avenues to ensure the final result is practical and beneficial for homeowners, and the broader real estate market. These conversations remain closely tied to tort reform, which continues to be a major part of the effort to address insurance costs and availability. We are also monitoring HB 673 by Representative Phelps , which would authorize the state fire marshal to require owners or lessees of abandoned or blighted structures to install and maintain exterior security cameras and retain footage for at least 30 days. Louisiana REALTORS® opposes this bill because it creates a costly new mandate on property owners without addressing the root causes of blight, and it could create additional liability and compliance burdens for property owners, property managers and others involved in distressed property. At this time, the bill remains pending in the House Commerce Committee and is slated to be heard next week. We also remain actively engaged on several other priorities within our legislative agenda including ongoing work on vacant property disclosure and efforts to provide greater clarity on appraiser liability related to carbon monoxide detector requirements. In particular, we are working closely with the Louisiana Real Estate Commission and Representative Carver to position HB 1166 in the strongest and most workable posture possible, with a clear focus on protecting Louisiana real estate agents and their clients from unnecessary liability, reducing confusion in the transaction process, and ensuring that any new disclosure requirements are practical, fair and clearly defined. Our goal is to ensure the final product supports consumer transparency without imposing undue burdens on our members and not exposing agents across Louisiana to unintended risk. As the session continues, Louisiana REALTORS® will remain focused on protecting consumers, supporting responsible redevelopment, defending private property rights and advancing sound policy that strengthens the real estate market for our members and the clients they serve. Please view the weekly bill tracking report provided by our lobbying team over at Harris, DeVille and Associates.

This week, the Legislature remained in high gear, and several items relevant to Louisiana’s real estate market moved into focus. The biggest headline for our industry this week was HB 468 by Rep. Troy Hebert , our wholesaling/consumer-protection bill, was slated to be heard on the House floor, however was bumped due to floor congestion and out-of-order bills. It is now expected to be reset for next Tuesday. This bill remains one of the clearest “market integrity” efforts on the board with clearer rules for non-traditional transactions, stronger transparency and better consumer protections. We also continued substantive policy work behind the scenes. We are actively engaging with Rep. Carver on a vacant land disclosure bill he has authored, and we appreciate that he is welcoming our input and guidance as the language is refined. Our goal is straightforward: ensure any vacant land disclosure framework is practical, reduces confusion and avoids unintentionally shifting liability or enforcement burdens onto real estate professionals. In addition, we were pleased to deepen our relationships at the Capitol this week. We had the privilege of hosting a lunch for the Governor’s Office, enjoyed meeting Governor Landry’s team, and look forward to working with them in a constructive, solutions-oriented manner as the session continues. Finally, Rep. Hebert also filed an additional measure that aligns with our legislative agenda and speaks directly to transaction risk management: HB 1027 , which would limit liability for licensed real estate appraisers in situations involving smoke and carbon monoxide detector compliance. The current law already provides that real estate agents are not liable for a seller’s failure to comply with Louisiana’s detector requirements in one- or two-family dwellings. HB 1027 would extend that same liability protection to licensed appraisers by amending R.S. 40:1581(F). This is a clean, common-sense clarification that helps prevent appraisers from being pulled into compliance disputes that properly belong with the seller’s statutory obligations. Next week, committees are scheduled to hear multiple bills relevant to real estate, including measures involving construction and roofing standards (often tied to insurance and mitigation), property rights/expropriation, and property tax and adjudicated property issues that can influence housing supply and neighborhood reinvestment. We will stay closely engaged and will flag any bills or amendments that materially affect transactions, homeownership costs or private property rights. Please view the weekly bill tracking report provided by our lobbying team over at Harris, DeVille and Associates.


