Healthy Homes Ordinance in New Orleans

1/30/2025

Main Themes:

• Improved Housing Standards: Establishes minimum rental standards for all rental housing units in Orleans Parish.
• Accountability and Enforcement: Introduces a registration and inspection system with penalties for non-compliance.
• Tenant Protection: Anti-retaliation measures safeguard tenants and an Anti-Displacement Fund supports displaced tenants.
• Smart Growth and Zoning Considerations: Supports urban planning goals for a healthier community.

Key Ideas and Facts:

1. Minimum Rental Standards (Section 26-656)

• Safety and Functionality: Mandates fire alarms, plumbing, heating, cooling, and mold-free conditions.
• Exterior Maintenance: Requires roofs, windows, and doors to be in good repair.
• Enforcement: Non-compliance results in fines, certificate revocation, and legal actions.

2. Registration and Inspection (Sections 26-660, 26-661)

• Certificate of Compliance: Required annually for each rental unit.
• Information Required: Detailed property and owner information must be submitted.
• Inspections: Periodic inspections verify compliance.

3. Tenant Rights and Protections (Sections 26-680, 26-681, 26-682)

• Reporting Violations: Tenants can report issues for inspection.
• Anti-Retaliation: Protects tenants from eviction or rent increases after reporting violations.
• Anti-Displacement Fund: Grants support displaced tenants.

4. Smart Growth and Zoning Reform

• Smart Growth: Encourages safe, desirable housing.
• Zoning Reform: Can improve housing availability and affordability.

Quotes:

“The purpose of this Article is to protect the health, safety and welfare of the public by ensuring persons who reside in Orleans Parish occupy safe and habitable dwellings.” (Section 26-651)

“Any lessee may report potential violations of this Article by contacting the department and requesting an inspection of a rental housing unit to ensure compliance with the standards contained herein.” (Section 26-680)

Prohibited acts of retaliation include, but are not limited to, unlawful termination of a lease, increasing rent, decreasing services, or bringing an action against a lessee for possession, or refusing to renew a lease, where such acts are motivated by the good-faith exercise of protected activity. (Section 26-680)

Further Considerations:

• Implementation and Enforcement Challenges: Adequate resources are needed for inspections and compliance monitoring.
• Public Awareness and Education: Landlords and tenants must understand their rights and responsibilities.
• Long-Term Impact: Ongoing evaluation will assess effectiveness and necessary improvements.

New Orleans Healthy Homes Program Timeline

2022

• September 15: Councilmember JP Morrell introduces the Healthy Homes Ordinance to the New Orleans City Council.
• October 27: A redlined version of the Healthy Homes Ordinance is circulated for review.

2023

• November 3: The New Orleans City Council approves the Healthy Homes Ordinance (M.C.S., Ord. No. 29239).
• July 1: The Healthy Homes Ordinance goes into effect.
• August 14: Grace period ends for landlords to register rental units and obtain a Certificate of Compliance.

2024

• June 22: The New Orleans City Council approves amendments expanding the definition of 'protected activity' for tenants reporting housing violations (M.C.S., Ord. No. 29497).
• October 10: The New Orleans City Council approves amendments requiring operable carbon monoxide detectors in all rental housing units (M.C.S., Ord. No. 30078).
• October 24: The New Orleans City Council approves amendments extending the validity of a Certificate of Compliance to two years and modifying registration and submittal requirements (M.C.S., Ord. No. 30104).

2025

• January: Final phase of Healthy Homes registration opens.

Ongoing

• The Department of Safety and Permits administers and enforces the Healthy Homes Ordinance.
• The City of New Orleans maintains a publicly accessible database with information on registered rental units, inspections, violations, and revocations of Certificates of Compliance.

Cast of Characters

• JP Morrell: New Orleans City Councilmember who authored and introduced the Healthy Homes Ordinance.
• Department of Safety and Permits (or its designee): Administers and enforces the ordinance, processes registrations, conducts inspections, and issues citations.
• Director of the Department of Safety and Permits (or the director’s designee): Oversees the implementation of the Healthy Homes Program.
• Lessors: Rental property owners in Orleans Parish responsible for compliance.
• Lessees: Tenants renting housing units in Orleans Parish, protected from retaliation for reporting violations.
• Hearing Officer: Presides over administrative hearings, issues penalties, and ensures compliance with the ordinance.