Fair Housing Act Complaint - Louisiana

FAIR HOUSING ACT PETITION — LOUISIANA

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Louisiana Equal Housing Opportunity Act (La. R.S. 51:2606)
6. Count II — Federal Fair Housing Act (42 U.S.C. § 3604, § 3617)
7. Count III — Reasonable Accommodation / Modification (Disability)
8. Damages
9. Prayer for Relief
10. Demand for Jury Trial
11. Verification
12. Signature and Service
13. Certificate of Service
14. Louisiana Practice Notes
15. Sources and References

1. CAPTION

[________________________________] JUDICIAL DISTRICT COURT

PARISH OF [________________________________]

STATE OF LOUISIANA

DOCKET NO. [________________________________]

DIVISION [____]

PETITION FOR DAMAGES AND INJUNCTIVE RELIEF

1. Unlawful Housing Discrimination in Violation of the Louisiana Equal Housing Opportunity Act (La. R.S. 51:2601 et seq.);
2. Violation of the Federal Fair Housing Act (42 U.S.C. § 3604, § 3617); and
3. Failure to Make Reasonable Accommodation / Permit Reasonable Modification (La. R.S. 51:2606(A)(6); 42 U.S.C. § 3604(f)).

JURY TRIAL DEMANDED

The Petition of [PETITIONER NAME], a person of the full age of majority residing in the Parish of [________________________________], State of Louisiana, respectfully represents:

2. PARTIES

2.1. Petitioner. Petitioner [PETITIONER NAME] ("Petitioner") is, and at all relevant times has been, domiciled in the Parish of [________________________________], Louisiana, and is a member of one or more classes protected by the Louisiana Equal Housing Opportunity Act and the federal Fair Housing Act, specifically [PROTECTED CLASS(ES)].

2.2. Defendant Owner / Landlord. Made defendant herein is [DEFENDANT NAME] ("Defendant" or "[SHORT NAME]"), a [Louisiana / foreign] [corporation / LLC / individual] that, at all relevant times, owned, operated, managed, or controlled the dwelling at [PROPERTY ADDRESS], and is subject to La. R.S. 51:2606 and 42 U.S.C. § 3604.

2.3. Individual Defendant. Also made defendant is [INDIVIDUAL DEFENDANT NAME], sued individually and as a [manager / leasing agent / agent / employee] of Defendant [SHORT NAME], acting within the course and scope of that agency.

2.4. The Subject Dwelling. The dwelling is [ADDRESS], a "dwelling" within the meaning of La. R.S. 51:2603 and 42 U.S.C. § 3602(b), and is not exempt under La. R.S. 51:2604(B) / 51:2605 or 42 U.S.C. § 3603(b).

3. JURISDICTION AND VENUE

3.1. This Court is a state court of general jurisdiction with subject-matter jurisdiction under La. Const. art. V, § 16 and a private right of action under La. R.S. 51:2613.

3.2. This Court has concurrent jurisdiction over the parallel federal Fair Housing Act claims under 42 U.S.C. § 3613(a), which authorizes suit in any "appropriate" state or federal court.

3.3. Venue is proper in the Parish of [________________________________] because the discriminatory housing practices occurred there and the subject dwelling is located there. La. Code Civ. Proc. art. 42, art. 74.

3.4. Administrative posture.

☐ No complaint has been filed with the Louisiana Attorney General concerning this grievance; Petitioner therefore brings this private civil action under La. R.S. 51:2613(A).

☐ Petitioner filed a complaint with the Louisiana Attorney General (Fair Housing Division) on [__/__/____], which was [dismissed / not acted upon within the statutory period]; Petitioner now proceeds under La. R.S. 51:2613(C).

3.5. This Petition is filed within two (2) years of the alleged discriminatory housing practice as required by La. R.S. 51:2613(A)/(C), and within two (2) years of the occurrence or termination of the practice as required by 42 U.S.C. § 3613(a)(1)(A).

3.6. Petitioner has not elected to proceed in federal court on these claims; accordingly the election bar of La. R.S. 51:2613(H) does not preclude this action.

4. FACTUAL ALLEGATIONS

4.1. On or about [__/__/____], Petitioner [applied to rent / sought to purchase / resided in / sought to renew a lease for] the dwelling at [PROPERTY ADDRESS].

4.2. Petitioner is a member of the following protected class(es): [e.g., race (___), color, religion, sex, familial status (children under 18 / pregnant / securing custody), national origin (___), disability (___), military status, natural/protective/cultural hairstyle].

4.3. At all relevant times, Petitioner was qualified and able to meet the lawful, non-discriminatory terms of the transaction.

4.4. Discriminatory practice(s). Defendant engaged in one or more of the following unlawful housing practices because of Petitioner's protected class:

☐ Refused to sell or rent after a bona fide offer, refused to negotiate, or otherwise made unavailable or denied the dwelling (La. R.S. 51:2606(A)(1));

☐ Imposed discriminatory terms, conditions, or privileges, or discriminatory services or facilities (La. R.S. 51:2606(A)(2));

☐ Made, printed, or published a discriminatory notice, statement, or advertisement (La. R.S. 51:2606(A)(3));

☐ Falsely represented that a dwelling was unavailable for inspection, sale, or rental when it was available (La. R.S. 51:2606(A)(4));

☐ For profit, induced or attempted to induce the sale or rental of a dwelling by representations regarding entry of a protected class into the neighborhood (blockbusting) (La. R.S. 51:2606(A)(5));

☐ Steered Petitioner toward or away from particular dwellings or neighborhoods;

☐ Refused a reasonable accommodation in rules, policies, practices, or services, or refused to permit a reasonable modification (La. R.S. 51:2606(A)(6)(c); 42 U.S.C. § 3604(f)(3));

☐ Subjected Petitioner to harassment or a hostile housing environment because of a protected class;

☐ Coerced, intimidated, threatened, retaliated against, or interfered with Petitioner's exercise of fair housing rights (42 U.S.C. § 3617; La. R.S. 51:2606 et seq.);

☐ Other state-protected basis: [DESCRIBE — e.g., military status or natural, protective, or cultural hairstyle under La. R.S. 51:2606; or a New Orleans / Shreveport local ordinance adding further classes].

4.5. Specific facts. [Set out a chronological, particularized account: who said or did what, on what date(s), in what words, before what witnesses, and how similarly situated persons outside Petitioner's protected class were treated more favorably.]

4.6. [If applicable — comparator/tester evidence: Similarly situated persons outside Petitioner's protected class were treated more favorably under materially identical circumstances.]

4.7. Any non-discriminatory reason offered by Defendant is pretextual; the true motivating reason was Petitioner's protected class.

4.8. As a direct and proximate result, Petitioner suffered the harms described in Section 8.

5. COUNT I — LOUISIANA EQUAL HOUSING OPPORTUNITY ACT (La. R.S. 51:2606)

5.1. Petitioner reavers and reiterates Paragraphs 2.1 through 4.8 as if fully set forth.

5.2. The Louisiana Equal Housing Opportunity Act, La. R.S. 51:2601 et seq., is substantially equivalent to the federal Fair Housing Act and prohibits discrimination in the sale or rental of a dwelling because of race, color, religion, sex, familial status, national origin, military status, natural/protective/cultural hairstyle, and disability.

5.3. Defendant committed one or more of the unlawful housing practices identified in Paragraph 4.4 because of Petitioner's protected class, in violation of La. R.S. 51:2606.

5.4. Defendant's conduct was intentional, willful, and/or in reckless disregard of Petitioner's rights under the Louisiana Equal Housing Opportunity Act.

5.5. Petitioner is entitled to actual and punitive damages, injunctive relief, court costs, and reasonable attorney fees under La. R.S. 51:2613(E).

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. § 3604, § 3617)

6.1. Petitioner reavers and reiterates Paragraphs 2.1 through 4.8 as if fully set forth.

6.2. The federal Fair Housing Act, 42 U.S.C. § 3604, prohibits discrimination in the sale or rental of, or otherwise making unavailable or denying, a dwelling because of race, color, religion, sex, familial status, national origin, or disability, and prohibits discriminatory terms, conditions, privileges, statements, and representations.

6.3. Defendant's conduct described in Paragraph 4.4 violated 42 U.S.C. § 3604 (and § 3604(f) as to disability).

6.4. To the extent Defendant coerced, intimidated, threatened, retaliated against, or interfered with Petitioner (or anyone aiding Petitioner) in the exercise of fair housing rights, Defendant violated 42 U.S.C. § 3617.

6.5. Discriminatory intent may be shown directly or through disparate treatment; a discriminatory effect (disparate impact) is also actionable. See Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015).

6.6. Petitioner is entitled to actual and punitive damages, injunctive relief, costs, and reasonable attorney fees under 42 U.S.C. § 3613(c).

7. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

7.1. Petitioner reavers and reiterates Paragraphs 2.1 through 4.8 as if fully set forth.

7.2. Petitioner is a person with a disability within the meaning of La. R.S. 51:2603 and 42 U.S.C. § 3602(h), specifically [DESCRIBE IMPAIRMENT AND MAJOR LIFE ACTIVITY AFFECTED].

7.3. On or about [__/__/____], Petitioner requested the following:

☐ Reasonable accommodation (a change in rules, policies, practices, or services): [DESCRIBE — e.g., assistance animal as exception to a no-pets policy; designated accessible parking];

☐ Reasonable modification (a physical alteration to the premises, at Petitioner's expense where applicable): [DESCRIBE — e.g., grab bars, ramp, widened doorway].

7.4. The requested accommodation/modification was necessary to afford Petitioner an equal opportunity to use and enjoy the dwelling and was reasonable.

7.5. Defendant [denied the request / failed to respond / imposed unreasonable conditions / failed to engage in the interactive process], in violation of La. R.S. 51:2606(A)(6)(c) and 42 U.S.C. § 3604(f)(3)(A)–(B).

7.6. As a direct and proximate result, Petitioner suffered the harms described in Section 8.

8. DAMAGES

8.1. Actual / compensatory damages: out-of-pocket losses, increased housing costs, moving and storage costs, lost housing opportunity, and other consequential pecuniary losses, in amounts to be proven at trial.

8.2. Emotional distress damages: humiliation, embarrassment, anxiety, loss of dignity, and mental anguish.

8.3. Punitive damages: Defendant's conduct was intentional, malicious, or in reckless disregard of Petitioner's rights, warranting punitive damages under La. R.S. 51:2613(E) and 42 U.S.C. § 3613(c)(1).

8.4. Injunctive and affirmative relief: a permanent or temporary injunction, temporary restraining order, or other order enjoining further discrimination, directing that the dwelling be made available, and requiring non-discriminatory policies and fair housing training (La. R.S. 51:2613(E); 42 U.S.C. § 3613(c)).

8.5. Civil penalties: Petitioner reserves the right to pursue civil penalties available in government-enforcement proceedings under La. R.S. 51:2614 and 42 U.S.C. § 3612(g)(3) / § 3614(d)(1)(C).

8.6. Attorney fees and costs: under La. R.S. 51:2613(E) and 42 U.S.C. § 3613(c)(2).

8.7. Legal interest from date of judicial demand as allowed by law (La. R.S. 13:4203).

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner prays that Defendant be duly cited and served with this Petition and ordered to answer, and that after due proceedings there be judgment in favor of Petitioner and against Defendant, jointly, severally, and in solido, as follows:

• A. Declaring that Defendant violated the Louisiana Equal Housing Opportunity Act (La. R.S. 51:2606) and the federal Fair Housing Act (42 U.S.C. § 3604, § 3617);
• B. Awarding actual and compensatory damages, including emotional distress damages, according to proof;
• C. Awarding punitive damages under La. R.S. 51:2613(E) and 42 U.S.C. § 3613(c);
• D. Granting permanent injunctive and affirmative relief, including non-discriminatory policies and fair housing training;
• E. Awarding reasonable attorney fees and court costs under La. R.S. 51:2613(E) and 42 U.S.C. § 3613(c)(2);
• F. Awarding legal interest from date of judicial demand; and
• G. Granting all other and further relief, general and equitable, as is just and proper.

10. DEMAND FOR JURY TRIAL

Petitioner demands a trial by jury on all issues so triable, pursuant to La. Code Civ. Proc. art. 1731 et seq. and 42 U.S.C. § 3613(c).

11. VERIFICATION

I, [PETITIONER NAME], declare under penalty of perjury under the laws of the State of Louisiana that I am the Petitioner in this action, that I have read the foregoing Petition, and that the factual statements therein are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY], Louisiana.

[________________________________]

[PETITIONER NAME]

12. SIGNATURE AND SERVICE

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], La. Bar Roll No. [______]

Counsel for Petitioner

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

PLEASE SERVE DEFENDANT(S):

[DEFENDANT NAME AND SERVICE ADDRESS / REGISTERED AGENT]

13. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a copy of the foregoing was served on all counsel of record / parties by [method — Louisiana Clerk of Court eFiling / certified mail / sheriff's service per La. Code Civ. Proc. art. 1313 / 1314]:

[NAME AND ADDRESS OF EACH PARTY OR COUNSEL SERVED]

[________________________________]

[ATTORNEY NAME]

14. LOUISIANA PRACTICE NOTES

• Enforcing agency. The Louisiana Department of Justice — Office of the Attorney General, Fair Housing Division receives and processes fair housing complaints (with a HUD work-share). The Louisiana Commission on Human Rights is the state's general civil-rights body; for housing, enforcement and conciliation run through the Attorney General under La. R.S. 51:2601 et seq. Confirm the correct intake channel before filing administratively.
• Civil-law terminology. Louisiana uses civil-law procedure: the pleading is a Petition, the plaintiff is the Petitioner, suit is brought in the District Court for the Parish where the practice occurred, and judgments may run against defendants in solido. Use the Louisiana Code of Civil Procedure for service, answer deadlines, and exceptions.
• Protected classes (state). La. R.S. 51:2606 covers race, color, religion, sex, familial status, national origin, military status, natural/protective/cultural hairstyle, and disability. The "military status" and "natural, protective, or cultural hairstyle" classes are Louisiana-specific additions beyond the federal seven. Some municipalities (e.g., New Orleans, Shreveport) add further local protected classes; plead a local-ordinance count where applicable.
• Administrative complaint vs. court suit (state). A complaint may be filed with the Attorney General within one (1) year of the discriminatory act (La. R.S. 51:2611; the AG's published intake also states a one-year window). A private civil action lies under La. R.S. 51:2613(A) only if no complaint was filed with the Attorney General, and must be brought within two (2) years of the practice. Where a complaint was filed and dismissed (or the AG did not timely act), 51:2613(C) governs, with an absolute two-year outer limit.
• Election bar. La. R.S. 51:2613(H) provides that if a party elects to proceed on a claim in federal court, the party is precluded from filing the same claim in Louisiana state court. Choose the forum deliberately.
• State remedies. La. R.S. 51:2613(E) authorizes injunctive relief, actual and punitive damages, court costs, and reasonable attorney fees to a prevailing plaintiff. A prevailing defendant may recover costs and fees consistent with federal civil-rights standards (51:2613(I)).
• Federal route and limitations. Under the federal FHA, a HUD administrative complaint may be filed within one (1) year (42 U.S.C. § 3610(a)) and/or a private civil action within two (2) years (42 U.S.C. § 3613(a)). Federal remedies include actual and punitive damages and attorney fees (§ 3613(c)); HUD/DOJ enforcement can yield civil penalties (§ 3612(g)(3); § 3614(d)(1)(C)).
• Removal exposure. Including federal FHA counts creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441; the § 2613(H) election rule and removal interact — analyze both before filing.
• Unsettled / verify. Confirm the current section numbers and text of La. R.S. 51:2607 / 51:2608 (real-estate-related transactions and brokerage), the precise interference/retaliation provision relied upon, and the most recent legislative amendments (the hairstyle protection was added by 2022 La. Acts No. 529 and further amended in 2025). Verify whether "disability" appears uniformly across each prohibited-practice subsection.

15. SOURCES AND REFERENCES

• La. R.S. 51:2601 (title) — https://www.legis.la.gov/legis/Law.aspx?d=104414
• La. R.S. 51:2606 (discrimination in sale or rental; accommodation/modification) — https://www.legis.la.gov/legis/Law.aspx?d=104419
• La. R.S. 51:2613 (enforcement by private persons; 2-year limitation; damages, fees) — https://www.legis.la.gov/legis/Law.aspx?d=104426
• Louisiana Attorney General — Fair Housing Complaint — https://www.ag.state.la.us/FairHousing/Complaint
• Louisiana Housing Corporation — Fair Housing Basics — https://www.lhc.la.gov/fair-housing-basics
• 42 U.S.C. § 3604; § 3613; § 3617 — https://www.law.cornell.edu/uscode/text/42/chapter-45
• 24 C.F.R. Part 100 (HUD Fair Housing regulations) — https://www.ecfr.gov/current/title-24/subtitle-B/chapter-I/subchapter-A/part-100
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015)
• HUD/DOJ Joint Statement on Reasonable Accommodations (2004); Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Louisiana must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.