La. Stat. Ann. § R.S. 40:486
Rights of action
Operative Text
§486. Rights of action Nothing contained in this Chapter shall create, expressly or by implication, any right, claim, or cause of action in favor of anyone in connection with any failure of a housing authority to exercise any one or more of its discretionary powers.
La. R.S. § 40:486 establishes that nothing in the housing authority chapter creates any legal right, claim, or cause of action against a housing authority simply because it chose not to exercise one of its discretionary powers. In other words, when a housing authority declines to act on something it has the option—but not the obligation—to do, that inaction cannot by itself form the basis of a lawsuit or legal claim. The provision applies whether such a right might otherwise be read as explicit or merely implied from the chapter's other provisions.
Plain English — not legal advice.
Under La. R.S. § 40:486, housing authorities retain broad discretion to act or refrain from acting on permissive powers without automatically exposing themselves to legal liability. Property owners and managers who interact with housing authorities—such as those participating in public housing programs—should understand that an authority's decision not to exercise a discretionary function does not, on its own, give rise to a legal claim against the authority. Operators generally document their own compliance obligations separately from any discretionary actions a housing authority may or may not take.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
La. R.S. § 40:486 limits the circumstances under which a legal claim can arise from a housing authority's inaction on discretionary matters, meaning that a housing authority's choice not to use an optional power is generally not a standalone basis for a lawsuit. Tenants who believe a housing authority has failed to fulfill a mandatory—rather than discretionary—duty may have different legal avenues available, which can differ significantly from claims based on discretionary inaction. Consulting a tenant-rights organization or legal aid office familiar with Louisiana housing law can help clarify whether a particular authority action or inaction falls outside the scope of this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 20, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation