4.3 Louisiana Statutes

In Act 1188 of 1997, Louisiana comprehensively revised of La. R.S. 40:381, et seq., which purports to regulate federally funded housing programs. The law, which is extraordinarily one-sided, tries to vest PHAs with broad powers and maximum discretion. Many of Act 1188’s provisions appear to be unlawful because they conflict with federal housing law or the Fair Housing Act.1  Because federal law is supreme, contrary state laws cannot authorize a PHA to violate federal law.

PHA actions based on La. R.S. 40:381, et seq. may require new advocacy strategies. A PHA must follow its own rules even when it has discretion.2  Actions that are “arbitrary” are still unlawful under La. R.S. 40:486. Arbitrary actions should be subject to judicial review.

• 1See Thorpe v. Hous. Auth. of City of Durham, 393 U.S. 268 (1969) (holding that federal law is binding on housing authorities and state courts).
• 2Simmons v. Block, 782 F.2d 1545 (11th Cir. 1986); Gov’t of Virgin Islands v. Brown, 571 F.2d 767, 772 (3d Cir. 1978).