A victim’s housing stability can be critical to her safety and stability while she gains independence from an abusive partner. Housing stability can also be important for future custody litigation. In protective order cases, lawyers should advise clients that they have the option of either requesting exclusive possession of shared residence or requesting that the abusive partner pay costs associated with relocation or alternative housing.

In some cases, even if the court is willing to evict an abuser as part of the protective order relief, some clients do not feel safe returning to live in a previously shared residence. Lawyers should help clients consider safety issues associated with returning to a residence where the abusive former partner can easily find her, break in, or monitor her activities. When clients do not want to return to a previously shared residence, the pleadings should include specific demands that the perpetrator pay costs alternative housing costs such as rent, deposits, moving expenses, and utility transfer costs.

When making a request for temporary housing, make sure you are clear about homeownership issues and how they affect your request for relief. The Domestic Abuse Assistance Act specifies the relief available to victims when the abusive partner is a sole homeowner. In that case, the abusive partner can be evicted and possession awarded to the petitioner, but only if she is the custodian of shared children.1  At least one appellate court, however, has affirmed an award of possession to a petitioner when the abusive party was the sole owner and the parties did not have children in common.2

• 1La. R.S. 46:2135(A), 2136(A)(2).
• 2Beard v. Beard, 05-CA-302, pp. 6­–7 (La. App. 5 Cir. 11/29/05), 917 So. 2d 1160, 1163–64.

Louisiana law provides housing protections for renters who are victims of domestic abuse1  by granting them protection from being refused a lease, protection from being evicted for reasons related to their abuse, and the option of early lease termination necessitated by the abuse. Domestic violence victims cannot be forced out of their homes because of a domestic violence incident or a resulting police response. These legal protections, however, are not automatic and do not protect all tenants. Specifically, the law does not cover single residences and applies only to tenants living in a residential complex with more than 6 units.2  The protections available to eligible tenants include:

• The law does not allow a landlord to refuse to enter into a lease or renew a lease because a lessee or a household member has been a victim of abuse.3  The client must provide documentation to the lessor in order to receive protection under the law. Failure to provide the documentation will negate the legal protections. Acceptable documentation includes an Order of Protection or a Certification of Domestic Abuse Form signed under oath by an employee of a domestic violence shelter.4
• A landlord may not evict a victim of abuse after a domestic violence incident on the premises. To avoid eviction, the tenant must provide documentation of the domestic violence (see above) prior to a final judgment of eviction (the protection still applies if the eviction has been initiated but is not yet final). It is important to note that after a second incident at the same residence, the landlord may seek an eviction. It is important, therefore, for lawyers to advise clients about this risk if they have successfully avoided an eviction in the past under this provision.
• Tenants may request the early termination of their lease within 30 days of a domestic violence incident.5  The tenant must send written notice to the landlord requesting the early termination, provide documentation of the incident, and agree not to let the abusive party back in the residence. The lessor is then obligated to let the tenant out of the lease without financial responsibility for the remainder of the lease.

• 1La. R.S. 9:3261.1.
• 2There is an exception for residential complexes that are 10 or fewer units and one of the units is occupied by the owner of the property.
• 3La. R.S. 9:3261.1(D)1.
• 4La. R.S. 9:3261.1(B)(6)–(7).
• 5La. R.S. 9:3261.1(E)–(F).