This article is an excerpt from "Living with HIV Disease:  A Legal Guide for Louisiana" (5th edition).

What are my rights if I am discriminated against because of my HIV-status?

Both the federal and Louisiana fair housing laws prohibit discrimination based on disability in the rental and purchase of housing.  Federal law does not apply, however, to the rental of rooms or apartments in owner-occupied buildings with four or fewer units.  The Louisiana law doe not contain this exception.

If you are denied housing because you have HIV, you may either file a complaint with the Department of Housing and Urban Development (HUD) or you may file a lawsuit.  The HUD field offices for Louisiana are located at:

Fisk Federal Building, 1661 Canal Street, New Orleans, LA  70112-2887, (504) 589-7219, and New Federal Building, 500 Fannin Street, Shreveport, LA  71101-3077, (318) 676-3385.

Where can I get affordable housing with a limited income?

If your income falls within a range established by federal guidelines, you may qualify for rental assistance under Section 8 of the Fair Housing Act.  Individuals receiving Supplemental Security Income (SSI) or disability payments qualify.    Under this program, up to 70% of your rent could be paid through a rent subsidy program.  Unfortunately, the waiting period is often long.

Communities with a high incidence of AIDS are eligible for federal funds under the AIDS Housing Opportunities Act (AHOA).  The locality is given discretion in using these funds for shelters, permanent housing or rental assistance to people with AIDS.  Even if your community is not receiving AHOA funds, it may have housing or rental assistance available for people with HIV/AIDS.  Contact your local AIDS service organization or social worker to see what is available in your area.

Public housing is another option.  To apply in New Orleans, you select a particular development and make application at that development on Tuesdays or Thursdays between 9:00 a.m. and 3:00 p.m.  You must be able to prove how much income you have.  Verification can consist of tax forms or evidence of employment, unemployment compensation, or child support.  You must also take rent and utility receipts for the previous 2 months.    If you are on food stamps, take the food stamp printout and your Louisiana Purchase card.  You will be asked about the family relationships of those who will live in the apartment.  You must have a birth certificate and social security card for each of those persons and a picture ID for each one over 18 years old.  The waiting list for public housing varies.  The rent is based on income and averages $50.00 per month.

You have no right to remain in your apartment if you cannot pay your rent.  Although you can only be legally evicted through a formal eviction proceeding, the process moves very quickly and your landlord could have you removed from your apartment in as little as 10 days from the date your rent was due.  The process begins with the posting of "Notice to Vacate."  If you have not vacated the apartment within 5 days of the posting of this notice, your landlord must then have you served with a summons to appear in court.  The hearing will usually be 3 days after you receive the summons.

If you have no legitimate defense to not having paid your rent (having no money is not a legitimate defense), the court will order you to vacate the apartment, usually within 48 hours.  Some judges, although not many in Orleans Parish, may give you a few extra days if you have made some definite arrangements to move elsewhere.  If you are not out at the end of the time allowed, the sheriff will remove you.  About the only way to stop an eviction for non-payment is to pay the rent before the hearing.

You may also be evicted by the same procedure if you breach certain other provisions of your lease.  If you have no lease or have a month-to-month lease, your landlord may evict you for no reason whatsoever.  However, if this case the landlord must give you written notice to vacate at least 10 days before the end of the month (or monthly rental period).  If you are not then out at the end of the month, he or she must have you served with a summons and follow the other steps outlined above.  If your landlord's motivation in evicting you is your HIV-status and if you can convince the court of this, the judge should allow you to stay.  However, motivation is very difficult to prove so  you may have a hard time winning on this issue.