Who does this law protect?
This section of the housing law protects a tenant who is a sexual assault victim, which is defined as a victim of any non-consensual sexual contact, obscenity, or voyeurism crime.1 It also protects the family member of the victim if the victim is under 18 years of age, incompetent, or deceased.2 To qualify under this law, the obscenity or voyeurism crime must have taken place in the rented home.3 For a sexual assault that occurred outside the rented home, the victim must explain why staying in the home would pose a danger to him/her.4
A similar law protects tenants who are victims of domestic abuse. Go to Protections for Domestic Abuse Victims for more information.
1 La. Rev. Stat. § 9:3261.2(A)(3), (A)(4)
2 La. Rev. Stat. § 9:3261.2(A)(4); 46:1842(17)
3 La. Rev. Stat. § 9:3261.2(A)(3)
4 La. Rev. Stat. § 9:3261.2(B)(2)
What protections does this law offer?
Under certain circumstances, victims of sexual assault may end (terminate) a residential lease early without facing any penalties for breaking the lease.1
1 La. Rev. Stat. § 9:3261.2(C)
How does the housing law define "sexual assault"?
For the purposes of defining a victim of sexual assault under this law, “sexual assault” is defined as any nonconsensual sexual contact, as well as obscenity or voyeurism if that the obscenity or voyeurism occurred in the rented home.1
1 La. Rev. Stat. § 9:3261.2(A)(3)
How does the housing law define "family member"?
A victim’s “family member” means:
- a current or former spouse;
- a parent, including biological, foster, or step-parent;
- the other parent of any child of the sexual assault offender;
- a child, including biological, foster, or stepchild;
- other ascendants, such as a grandparent; and
- other descendants, such as a grandchild.1
1 La. Rev. Stat. § 14:35.3(4)