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A bill giving Louisiana HOAs standing to sue nearby short-term rentals passed the Senate 29-7 and died

A bill giving Louisiana HOAs standing to sue nearby short-term rentals passed the Senate 29-7 and died
Louisiana · Legislation

A bill giving Louisiana HOAs standing to sue nearby short-term rentals passed the Senate 29-7 and died

What happened, and it did not. Louisiana came within one committee of giving community associations a statutory right to sue short-term rental operators near their members. Senate Bill 225 of the 2025 Regular Session, by Senator Royce Duplessis, passed the Senate 29–7 on May 27, 2025 and then died in the House Committee on Civil Law and Procedure after a hearing on June 2, 2025.

The Legislature's Final Disposition of Senate Bills records it as COMMITTEE/HOUSE. Louisiana associations therefore still have no statutory standing to enforce a local short-term rental ordinance — only their own declarations and building restrictions.1

The prohibition it would have created

“§3258.2. Short-term rentals; cause of action; remedies; prescription … B. No person shall provide a short-term rental without the required license or permit, if applicable, or in violation of any applicable local zoning, land use, property use, or related regulatory ordinance.”

And the plaintiffs it would have named

“C.(1) A civil action for relief as provided in this Subsection may be brought against the person providing the short-term rental in violation of this Section by the following parties: (a) A person owning or leasing immovable property located within three hundred feet of the short-term rental. (b) A lawfully organized nonprofit homeowners, condominium, or neighborhood association with one or more members residing within three hundred feet of the short-term rental. (c) A lawfully organized nonprofit hotel or lodging trade association with one or more members operating a place of business located within three hundred feet of the short-term rental.”

Paragraph (b) is the association's standing clause, and the drafting is worth noting: the association's own property need not be within 300 feet. One member residing there would have been enough.2

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What it would have been worth in practice

The remedies were injunctive rather than compensatory, with discretionary fees:

“(3) Appropriate relief to prevent a violation of this Section in a civil action brought against the person providing the short-term rental shall include injunctive or declaratory relief, a protective order or prohibition. (4) No civil action shall be brought against a short-term rental platform pursuant to this Section. (5) In an action brought pursuant to this Section, the court may, in its discretion, award reasonable attorney fees and costs to the prevailing party.”

Paragraph (4) is a deliberate limit: the platforms were carved out entirely. So the target was always the operator, never Airbnb or Vrbo.

The precondition that would have made it slow

“D.(1) Prior to bringing the cause of action provided for in this Section, the plaintiff shall: (a) Provide written notice of the violations alleged pursuant to Paragraph B of this Section to the defendant and the local governing authority code enforcement or zoning department. (b) Allow sixty days from the date of delivery of the written notice to the local governing authority.
(2) The plaintiff may bring the cause of action if the local governing authority fails to address the violations.”

This would have been Louisiana's first short-term-rental-specific pre-litigation step, and its design tells you what the bill was for: it was a backstop for municipal non-enforcement, not a parallel remedy. An association could sue only after telling the parish and waiting two months.

How the bill changed on its way through the Senate

Four amendments are visible on the face of the reengrossed instrument and matter to anyone reading press coverage of the original. The standing radius was narrowed from 500 feet to 300. The express “homeowners, condominium, or neighborhood association” language was added — the original said only “nonprofit neighborhood association.” Writ of mandamus was dropped as a remedy. And the prescriptive period was switched to R.S. 9:5625: “E. The prescriptive period in all actions brought pursuant to this Section shall be governed by R.S. 9:5625.”

That last change is worth flagging as a drafting oddity, because R.S. 9:5625 by its own terms governs actions to enforce restrictions “imposed by any parish, municipality, or an instrumentality thereof.” Whether it would have worked as a prescription rule for a private association's action under a new R.S. 9:3258.2 is a question the bill's death leaves unanswered.

The other 2025 short-term-rental bill, which also died

HB 469 of 2025, by Representative Barbara Carpenter, approached the subject from the opposite end — enumerating what parishes and municipalities may do rather than creating a private action. It would have enacted R.S. 33:9721:

“A. A municipality or parish may adopt ordinances to regulate short-term rentals.
B. To regulate a short-term rental, a municipality or parish may do all of the following: (1) Require a permit for short-term rental owners. (2) Create a registration of short-term rental owners. (3) Create fines relative to the misuse of short-term rentals. (4) Require minimum safety standards for short-term rentals. (5) Require inspections for short-term rentals. (6) Restrict the length of time a renter is allowed to stay consecutively at a short-term rental. (7) Restrict the amount of occupants in a short-term rental.”

It also proposed a definition Louisiana still does not have: “'short-term rental' means the rental of residential property for overnight accommodations for transient guests for a period of less than twenty-nine days.”

HB 469 was never heard. Its action history shows prefiling on April 4, 2025 and referral to House Commerce on April 14, 2025, and nothing after. Final Disposition: COMMITTEE/HOUSE.3

So what does a Louisiana association actually have?

Its declaration, and the Second Circuit's answer to what a residential-use clause means. In Marina Homeowners Association v. Cahill, No. 56,423-CA (La. App. 2 Cir. 8/27/2025), a Shreveport subdivision obtained a permanent injunction against Airbnb and Vrbo use of a lot under a 1982 declaration providing “No Lot shall be used except for residential purposes,” the court holding that “[s]uch activities are a clear violation of the provision.”

Note what the association there did not need: a statute, a licence complaint, or the 2023 amendment its own board had attempted, which was signed by only five members and never recorded. The court did not rely on it.

What to watch next

Neither bill was refiled in 2026, and a full-text sweep of the 2026 session returns no instrument containing “short term rental.” The 2027 session is a fiscal session, so a statewide short-term-rental bill would need one of a member's five non-fiscal prefiling slots.

Related Louisiana HOA Topics

← All Louisiana HOA Topics

  1. SB 225 (2025 Regular Session), Reengrossed — full text, digest and amendment summaries
  2. Final Disposition of Senate Bills, 2025 Regular Session — SB 225 recorded as COMMITTEE/HOUSE
  3. HB 469 (2025 Regular Session), Original — full text and digest
  4. Marina Homeowners Ass’n v. Cahill, No. 56,423-CA (La. App. 2 Cir. Aug. 27, 2025) — slip opinion

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