Provides relative to application fees paid for leasing residential property
Summary
HB 255 creates the “Fair Chance in Housing Act” and regulates how housing providers may use criminal history information when screening applicants for residential leases. If a landlord, property manager, or other housing provider considers criminal history in determining eligibility, the bill requires written disclosure to the applicant before any application fee is accepted. The disclosure must state that criminal history is reviewed, identify the classes of crimes and time period examined, and inform the applicant that they may submit evidence of inaccuracies, rehabilitation, or other mitigating factors.
The bill also addresses application-fee refunds and liability. If a housing provider fails to make the required disclosures, denies the applicant based on criminal history, and the applicant timely requests a refund, the provider must return the fee within 30 days. A court may award the applicant the application fee plus $500 for noncompliance, and may also award costs and attorney fees to the prevailing party. At the same time, the bill limits housing-provider liability in several respects, including when a provider rents to someone with a criminal record, chooses not to conduct a background check, or does not store applicant information in a particular way. It also states that these protections do not create immunity for claims under the Louisiana Equal Opportunity Act.
Impact
HB 255 would add R.S. 9:3258.2 to Louisiana law, creating new statutory duties for housing providers in the residential rental application process. It would require pre-fee disclosures about criminal background screening, establish a refund remedy for noncompliance, and authorize monetary penalties and fee shifting in civil actions. The bill affects landlords, lessors, sublessors, property managers, and property management companies that lease or rent residential property, and it would take effect January 1, 2026.
Sentiment
Based on the bill text and the absence of committee debate or recorded votes in the provided materials, the overall sentiment appears to favor expanding applicant protections and transparency in housing screening. The measure is framed as a consumer- and fairness-oriented housing policy, while also including liability protections intended to reassure housing providers. No recorded opposition or supportive testimony is available in the provided context, so the public or legislative sentiment cannot be assessed beyond the bill’s stated policy balance.
Contention
The main policy tension in HB 255 is between protecting rental applicants from surprise or unfair use of criminal history and preserving housing providers’ discretion in tenant screening. Supporters of the bill would likely emphasize transparency, fair chance housing, and the ability of applicants to correct records or present rehabilitation evidence. Potential critics may focus on the added compliance burden, the mandatory refund and penalty provisions, and the possibility that the bill could discourage screening or create litigation risk. The bill responds to those concerns by expressly limiting liability for landlords in several situations and by preserving existing claims under the Louisiana Equal Opportunity Act.