Proving Discriminatory Rental Screening in Louisiana

Renters in Louisiana deserve the right to be evaluated for a rental home based solely on objective and fair criteria. However, if you believe you've faced discrimination during a landlord's tenant screening process, it's important to understand your legal rights, the evidence you need, and where to turn for help. This guide walks you through recognizing and proving discriminatory screening under Louisiana law, helping you protect yourself and your housing rights.

Understanding Discriminatory Screening

Rental screening can cover background checks, credit reports, employment verification, or reference checks. Under the federal Fair Housing Act and Louisiana law, it is illegal for a landlord to deny your application because of:

• Race or color
• National origin
• Religion
• Sex
• Disability
• Familial status (such as having children)
• Any additional protected categories recognized by Louisiana's Louisiana Equal Housing Opportunity Act

If you suspect your application was treated unfairly because of one of these reasons, you may have grounds to prove housing discrimination.

How to Gather Evidence of Discrimination

Proving discrimination requires showing that you were treated differently from others for a prohibited reason. Consider taking the following steps if you suspect unfair treatment:

• Save all correspondence: Keep emails, text messages, or written notes from the landlord or management company.
• Document what happened: Write down who you spoke with, what was said, and the dates of any conversations.
• Compare your experience: If possible, speak with other applicants and see if they received different information or treatment under similar circumstances.
• Save application materials: Hang onto copies of your application, any screening forms, and evidence of fees paid.
• Request written reasons for denial: Under the Fair Credit Reporting Act, if a landlord denies your application based on your credit report, they must give you an Adverse Action Notice.

Official Complaint Forms and How to Use Them

If you want to pursue a formal complaint, there are official forms available at both state and federal levels:

• Louisiana Commission on Human Rights (LCHR) – Housing Discrimination Complaint Form: Use this form when you believe a landlord has discriminated against you in a housing matter. It can be filed online or via mail. For example, if you were denied a rental after disclosing you have a disability, you can complete this form to start the investigation process.
  Access the LCHR Housing Discrimination Complaint Form
• U.S. Department of Housing and Urban Development (HUD) Form 903: Use HUD's official complaint form if you want to file at the federal level. For example, if your landlord stated a "preference" for a certain type of tenant in advertising, and you feel you were unfairly screened, submit this form online or by mail.
  Submit HUD Form 903 here

The Louisiana Commission on Human Rights (LCHR) is the agency responsible for enforcing housing discrimination laws in the state. You can contact LCHR directly for guidance or to start a complaint.

Louisiana Rental and Fair Housing Laws

The federal Fair Housing Act and Louisiana's Revised Statutes §51:2602 protect tenants from discrimination statewide. They make it illegal for landlords to base rental decisions on protected characteristics or to set unfair screening standards for only certain groups of applicants.

How to File a Discrimination Complaint in Louisiana

Here are the steps to officially pursue your concern if you suspect discrimination during screening:

• Gather all written evidence and records of your communication and application.
• Contact the landlord and request a specific reason for your application's denial, preferably in writing.
• Complete the LCHR Housing Discrimination Complaint Form or the HUD Form 903.
• Submit your complaint online, by fax, or by mail as instructed on the forms.
• Wait for LCHR or HUD to contact you for follow-up investigation steps.

Filing a complaint is free and does not require an attorney, though legal aid can be helpful in complex cases.

FAQ: Proving Discriminatory Screening in Louisiana

1. What evidence do I need to show discrimination in screening?
   Save written communications, denial letters, application records, and any statements suggesting bias. Document each step of your application process carefully.
2. Can a landlord refuse to tell me why I was denied?
   If denial is based on a credit report, federal law requires landlords to issue an Adverse Action Notice explaining the reason. For other reasons, you can ask in writing, but disclosure is not always legally required in Louisiana.
3. How long do I have to file a housing discrimination complaint in Louisiana?
   You must file with LCHR within 180 days of the act. HUD allows up to one year, but acting quickly greatly improves your chances.
4. Will filing a complaint hurt my chances with other landlords?
   Landlords cannot retaliate against you for asserting your rights. If you suspect retaliation, document it and report it to LCHR or HUD.
5. What happens after I file my complaint?
   The LCHR or HUD will investigate your claim, possibly contacting you and your landlord. If they find discrimination occurred, they may request corrective actions or issue penalties to the landlord.

Need Help? Resources for Renters

• Louisiana Commission on Human Rights (LCHR): Main state resource for discrimination complaints and inquiries.
• HUD Fair Housing and Equal Opportunity: Federal resource for tenant rights and complaint process.
• Louisiana Law Help: Free legal information and connections to legal aid for housing issues.
• The Fair Housing Act - U.S. Dept. of Justice
• Louisiana Equal Housing Opportunity Act (RS §51:2602)

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1. Fair Housing Act, U.S. Department of Justice
2. Louisiana Equal Housing Opportunity Act, Louisiana Revised Statutes §51:2602
3. Louisiana Commission on Human Rights, State of Louisiana
4. HUD Fair Housing Discrimination Complaint Process, www.hud.gov
5. Adverse Action Notice, Consumer Financial Protection Bureau

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