| Advisory opinion request regarding a Lafayette Housing Authority employee being a landlord under the Housing Choice Voucher Program while being employed as a Case Manager in the HCV/Section 8 Office. |
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Background Information
The Housing Choice Voucher ("HCV") Program is the federal government's program for assisting very low-income families to afford suitable rental housing of their choice in the private market. The program is administered locally by a public housing agency ("PHA") that receives federal funds from the U.S. Department of Housing and Urban Development ("HUD"). Under the program, the local PHA pays a housing subsidy directly to the participating landlord on behalf of the HCV tenant, who then pays the landlord the difference between the actual rent charged by the landlord and the amount subsidized by the HCV Program. This means that the tenant, landlord, and PHA all have obligations and responsibilities to perform under the HCV program.
The Lafayette Housing Authority ("LHA") is the local PHA that administers the HCV program in Lafayette and Vermilion Parishes.
Facts Provided
LaToya Breaux is employed with LHA as a Case Manager in the HCV/Section 8 Office. She is interested in purchasing rental properties and becoming a landlord under the HCV Program. Ms. Breaux states that she would not be the case manager or oversee the files for her rental properties under the LHA HCV Program. She asks if being a landlord under the HCV Program while she is employed as an HCV-Section 8 Case Manager for LHA would be an ethics violation.
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La. R.S. 42:1113A(1)(a) states no public servant…or member of such a public servant's immediate family, or legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1102(2)(a) defines "agency" to mean a department, office, division, agency, commission, board, committee, or other organizational unit of a governmental entity.
La. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity or beneficial interest in a trust, held by or on behalf of an individual or a member of his immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity.
La. R.S. 42:1102(13) defines "immediate family" to mean a public servant's children, the spouses of his children, his brothers and their spouses, his sisters and their spouses, his parents, his spouse, and the parents of his spouse.
La. R.S. 42:1102(18)(a) defines "public employee" to mean anyone, whether compensated or not, who is: (i) An administrative officer or official of a governmental entity who is not filling an elective office. (ii) Appointed by any elected official when acting in an official capacity, and the appointment is to a post or position wherein the appointee is to serve the governmental entity or an agency thereof, either as a member of an agency, or as an employee thereof. (iii) Engaged in the performance of a governmental function. (iv) Under the supervision or authority of an elected official or another employee of the governmental entity.
La. R.S. 42:1102(19) defines "public servant" to mean a public employee or an elected official.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Jessica Meiners |
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