The House Civil Law Committee unanimously approved legislation allowing victims of sexual assault to break their rental leases early.
Tigers against Sexual Assault Co-President Angelina Cantelli said the legislation, by New Orleans Representative Aimee Freeman, is vital for assault survivors.
“One thing that consistently comes up is how inhibiting it can be to have to visit or have to live in the environment where they were assaulted,” said Cantelli. “It is rightfully distressing and can often cause flashbacks.”
There currently is a law allowing early termination but only in the case of domestic violence incidents. The definition of sexual assault in this bill includes acts of obscenity, abuse, and voyeurism.
A survivor would have to provide adequate documentation to their landlord certified by a qualified third party. Those experts are defined as a healthcare provider that conducted a forensic exam, clinical social worker, investigating law enforcement, prosecuting attorney, or director of a sexual assault center. If the sexual assault did not occur on the leased premises, then the lessee shall give a declaration of why continuing to reside in the leased premises may pose a threat to the victim’s safety.
Louisiana Fair Housing Action Center spokesperson Maxwell Ciardullo said the chances of false reporting or frivolous abuse of the process to exit a lease early are low considering it must be within sixty days of the incident.
“Any process that must be initiated by a victim shortly after an assault, there is a pretty high barrier there,” said Ciardullo.
While ultimately not opposing the legislation Abita Springs Representative Larry Freiman asked what about lessees who had home invasions or were victims of other crimes.
“When you start allowing contracts to be broken for things for one group, and other groups have similar issues are we now opening up Pandora’s Box?”
Under the bill, if the offender is named as a lessee at the property the landlord is entitled to immediate eviction upon presenting a court with the victim’s documentation.
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