Tenants who do not reside in federally subsidized housing or who reside in properties subsidized by excluded programs and therefore do not have the benefit of protection under the federal Violence Against Women Act (VAWA) may be protected by the Louisiana Violence Against Women Act (LAVAWA).1 LAVAWA only applies to dwellings in a building with six or more units. It does not apply to owner-occupied buildings with ten or fewer units.
Under LAVAWA, lease provisions that limit a tenant’s ability to summon law enforcement or emergency services in response to a domestic violence incident are void.2 A lessor may not refuse to enter into a lease agreement or terminate a lease agreement because the applicant or tenant is a survivor of domestic violence.3 A lessor must allow a survivor of domestic violence or sexual assault to terminate the lease early with 30 days’ notice if early termination is necessary for safety reasons.4 Finally, a tenant cannot be evicted for being a victim of domestic violence under LAVAWA.5 For example, a tenant cannot be evicted because a guest was arrested at their house, if the reason for the arrest was domestic violence in which the tenant was the victim.
A tenant claiming LAVAWA protections must be able to provide a protective order or a completed Certification of Domestic Abuse or Sexual Assault form verified by a qualified third party.6 The statute specifies the required contents of the form.7 The requirements for third-party verification and for use of specific information and language in the certification are more onerous under LAVAWA than VAWA.
LAVAWA does contain a civil cause of action for injunctive relief only with a 1-year prescriptive period.8 However other causes of action for damages may be available to tenants whose rights were violated under LAVAWA, including wrongful eviction and breach of contract.
- 1La. R.S. 9:3261.1–.2. For a discussion of VAWA protections for tenants in federally subsidized housing (e.g., traditional public housing or Section 8 housing), see Section 4.1.1 of the chapter on Federally Subsidized Housing.
- 2La. R.S. 9:3261.1(C).
- 3La. R.S. 9:3261.1(D).
- 4La. R.S. 9:3261.1(F), .2(C).
- 5La. R.S. 9:3261.1 (domestic violence); La. R.S. 9:3261.2 (sexual assault).
- 6La. R.S. 9:3261.1(B)(7), .2(D).
- 7La. R.S. 9:3261.1(H).
- 8La. R.S. 9:3261.1(I).