House Bill 917

(As Passed the House)

AN ACT TO CREATE THE "HOME-BASED OPPORTUNITY FREEDOM ACT OF 2022"; TO PROVIDE CERTAIN DEFINITIONS; TO PROHIBIT ANY LOCAL UNIT OF GOVERNMENT FROM ADOPTING OR ENFORCING AN ORDINANCE OR REGULATION THAT RESTRICTS A PARTICULAR HOME-BASED OCCUPATION OR ACTIVITY OR IMPOSES A BURDEN ON HOME-BASED WORK; AND FOR RELATED PURPOSES.

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

SECTION 1. This act may be cited as the "Home-based Opportunity Freedom Act of 2022."

SECTION 2. As used under this act the following terms shall have the following meanings:

(a) "Local unit of government" means a county, municipality, local taxing entity or any local political subdivision thereof.

(b) "Home-based work" means any legal occupation, lawful under both federal and state law, performed by a resident within a residential home or accessory structure, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes.

SECTION 3. (1) A local unit of government shall not adopt or enforce an ordinance or regulation that restricts a particular home-based occupation or activity or imposes a burden on home-based work.

(2) A local unit of government shall not:

(a) Prohibit mail order or telephone sales for home-based work;

(b) Prohibit serving clients by appointment in the home or accessory structure;

(c) Prohibit resident or nonresident employees or independent contractors from working in the home or accessory structure;

(d) Prohibit or require structural modifications to the home or accessory structure;

(e) Restrict the amount of floor space for home-based work;

(f) Restrict the hours of operation for home-based work;

(g) Require an individual engaged in home-based work to apply, register or obtain a permit, license, variance or other type of prior approval from the local unit of government, unless otherwise required under state or local law;

(h) Restrict storage or the use of equipment that does not produce effects outside the home or accessory structure;

(i) Require rezoning for commercial use of the home or accessory structure used exclusively for home-based work;

(j) Require the installation or equipping of fire sprinklers in the home or accessory structure used exclusively for home-based work.

SECTION 4. A person alleging a violation of this act may bring a civil action for appropriate relief, including reasonable attorney and witness fees and costs for the prevailing party.

SECTION 5. The application of this act does not supersede any deed restriction, covenant or agreement restricting the use of land or any master deed, by law or other document applicable to a common interest ownership community.

SECTION 6. This act shall take effect and be in force from and after July 1, 2022, and shall stand repealed on June 30, 2022.