Senate Bill 2317

AN ACT TO AMEND SECTION 89-8-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A LANDLORD MAY NOT TAKE CERTAIN DISCRIMINATORY ACTION AGAINST A TENANT BASED ON THE SOURCE OF INCOME OF AN OTHERWISE ELIGIBLE PROSPECTIVE OR CURRENT TENANT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 89-8-11, Mississippi Code of 1972, is amended as follows:

89-8-11. (1) A landlord may, from time to time, adopt rules or regulations, however described, concerning the tenant's use and occupancy of the premises. They are enforceable against the tenant only if:

(a) Their purpose is to promote the convenience, safety or welfare of the tenants in the premises, preserve the landlord's property from abuse, or make a fair distribution of services and facilities provided for the tenants generally;

(b) They are reasonably related to the purpose for which they are adopted;

(d) They are sufficiently explicit in their prohibition, direction or limitation of the tenant's conduct to fairly inform him of what he must or must not do to comply;

(e) They are not for the purpose of evading the obligations of the landlord.

(2) A rule or regulation adopted or amended after the tenant enters into the rental agreement is enforceable against the tenant if reasonable notice of its adoption or amendment is given to the tenant and it does not work a substantial modification of the rental agreement.

(3) If the dwelling unit is an apartment in a horizontal property regime, the tenant shall comply with the bylaws of the association of the apartment owners; and if the dwelling unit is an apartment in a cooperative housing corporation, the tenant shall comply with the bylaws of the corporation.

(4) Unless otherwise agreed, the tenant shall occupy his dwelling unit only as a dwelling unit.

(5) A landlord may not, based on the source of income of an otherwise eligible prospective tenant or current tenant:

(a) Refuse to lease, rent or sell any real property to a prospective tenant or current tenant;

(b) Expel a prospective tenant or current tenant from any real property;

(c) Make any distinction, discrimination, or restriction against a prospective tenant or current tenant in the price, terms, conditions, fees, or privileges relating to the rental, lease, or occupancy of real property or in the furnishing of any facilities or services in connection with the rental, lease, or occupancy of real property;

(d) Attempt to discourage the rental or lease of any real property to a prospective tenant or current tenant;

(e) Represent to any person that any real property is not available for inspection, sale or rental when such real property is in fact so available;

(f) Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of the person having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected under this section;

(g) Assist, induce, incite or coerce another person to commit an act or engage in a practice that violates this section;

(h) Otherwise make unavailable or deny a dwelling unit to a prospective tenant or current tenant that, but for his or her source of income, would be eligible to rent real property.

For purposes of this subsection (5), "source of income" includes benefits or subsidy programs, including, but not limited to, Section 8 Housing Choice Voucher Assistance, housing assistance, public assistance, emergency rental assistance, veterans benefits, social security, supplemental security income or other retirement programs, and other programs administered by any federal, state, local, private or nonprofit entity.

(6) A landlord may not make, print or publish, or cause to be made, printed or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination because of reliance on rental payments derived from any government or private assistance, grant, loan program, or income derived from any lawful profession or occupation.

(7) If a landlord requires that a prospective tenant or current tenant have a certain threshold level of income, any source of income in the form of a rent voucher or subsidy must be subtracted from the total of the monthly rent prior to calculating if the income criteria have been met.

(8) The purpose of this subsection (8) is to help families afford decent housing by ending source of income discrimination. Any violation of subsection (5), (6) or (7) of this section is an unlawful practice, enforceable by a court of competent jurisdiction in the same manner as existing state and federal housing discrimination laws.

SECTION 2. This act shall take effect and be in force from and after July 1, 2021.