Housing Authorities; authorize pooling of liabilities with private developers for affordable housing.

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To: Banking and Financial
Services; Ways and Means
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Mickens, Nelson, Scott

HOUSE BILL NO. 1075

AN ACT TO AMEND SECTION 43-33-1, MISSISSIPPI CODE OF 1972, TO 1
AMEND THE HOUSING AUTHORITIES LAW BY ADDING AND DEFINING THE TERM 2
"MIXED-FINANCE PROJECT" TO SUCH LAW; TO PROVIDE THAT MIXED-FINANCE 3
PROJECT MEANS A PROJECT THAT IS FINANCIALLY ASSISTED BY PRIVATE 4
RESOURCES WHICH MAY INCLUDE LOW INCOME HOUSING TAX CREDITS IN 5
ADDITION TO AN AMOUNT PROVIDED UNDER ANY STATE OR FEDERAL PROGRAM; 6
TO AMEND SECTION 43-33-11, MISSISSIPPI CODE OF 1972, TO AUTHORIZE 7
HOUSING AUTHORITIES TO OWN, OPERATE, ASSIST OR OTHERWISE 8
PARTICIPATE IN ONE OR MORE MIXED-FINANCE PROJECTS; TO AMEND 9
SECTION 43-33-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A 10
CERTAIN SELF INSURANCE AGREEMENT MAY BE FORMED WHEN ONE OR MORE 11
HOUSING AUTHORITIES HAVE FORMED PARTNERSHIPS, LIMITED LIABILITY 12
COMPANIES OR ENTITIES IN WHICH AN AUTHORITY OR AN ENTITY 13
AFFILIATED WITH AN AUTHORITY IS A GENERAL PARTNER, MANAGING MEMBER 14
OR OTHERWISE PARTICIPATES IN THE ACTIVITIES OF THE ENTITY WHEN 15
UNDERTAKING A MIXED-FINANCE PROJECT; TO AMEND SECTION 43-33-17, 16
MISSISSIPPI CODE OF 1972, TO AUTHORIZE ANY TWO OR MORE HOUSING 17
AUTHORITIES TO COOPERATE WHEN UNDERTAKING A MIXED-FINANCE PROJECT; 18
TO CREATE NEW SECTION 43-33-52, MISSISSIPPI CODE OF 1972, TO 19
PROVIDE CERTAIN IMMUNITY TO INDIVIDUAL COMMISSIONERS, DIRECTORS, 20
SUPERVISORY EMPLOYEES, AND SUPERVISORY AGENTS OF A HOUSING 21
AUTHORITY WITH RESPECT TO A MIXED-FINANCE PROJECT IF SUCH 22
INDIVIDUALS WHILE ACTING IN THE SCOPE OF THEIR DUTIES AS THEY 23
RELATE TO SUCH PROJECTS; AND FOR RELATED PURPOSES. 24
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 25
SECTION 1. Section 43-33-1, Mississippi Code of 1972, is 26
amended as follows: 27
43-33-1. Sections 43-33-1 through 43-33-53 may be referred 28
to as the "Housing Authorities Law," and the following terms, 29
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whenever used or referred to in * * * such sections, shall have 30
the following respective meanings, unless a different meaning 31
clearly appears from the context: 32
(a) "Authority" or "housing authority" shall mean any 33
of the public corporations created by or pursuant to this Housing 34
Authorities Law, or any law amendatory or supplemental thereto, 35
with power to undertake housing projects for the persons of low 36
income. 37
(b) "City" shall mean any city in this state. "County" 38
shall mean any county in this state. "The city" shall mean the 39
particular city for which a particular housing authority is 40
created. "The county" shall mean the particular county for which a 41
particular housing authority is created. 42
(c) "State public body" shall mean any city, town, 43
village, county, municipal corporation, commission, district, 44
authority, or other subdivision or other public body of this 45
state. 46
(d) "Governing body" shall mean, in the case of a city, 47
the board of aldermen, commissioners, or council; in the case of a 48
county, the board of supervisors; and in the case of any other 49
state public body, the board of aldermen, council, commissioners, 50
board or other body having charge of the fiscal affairs of such 51
state public body. 52
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(e) "Mayor" shall mean the mayor of the city or the 53
officer thereof charged with the duties customarily imposed on the 54
mayor or executive head of the city. 55
(f) "Clerk" shall mean the clerk of the city or the 56
clerk of the county, as the case may be, or the officer charged 57
with the duties customarily imposed on such clerk. 58
(g) "Area of operation," in the case of a housing 59
authority of a city, shall include such city and the area within 60
five (5) miles of the territorial boundaries thereof. 61
(h) "Federal government" shall include the United 62
States of America, the United States Housing Authority, or any 63
other agency or instrumentality, corporate or otherwise, of the 64
United States of America. 65
(i) "Slum" shall mean any area where dwellings 66
predominate which, by reason of dilapidation, overcrowding, faulty 67
arrangement, or design, lack of ventilation, light or sanitary 68
facilities, or any combination of these factors, are detrimental 69
to safety, health or morals. 70
(j) "Housing project" shall mean any work or 71
undertaking: (1) to demolish, clear or remove buildings from any 72
slum area; such work or undertaking may embrace the adoption of 73
such area to public purposes, including parks or other 74
recreational or community purposes; or (2) to provide decent, safe 75
and sanitary urban or rural dwellings, apartments, or other living 76
accommodations for persons of low income; such work or undertaking 77
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may include buildings, land, equipment, facilities, and other real 78
or personal property for necessary, convenient, or desirable 79
appurtenances, streets, sewers, water service, parks, site 80
preparation, gardening, administrative, community, health, 81
recreational, welfare or other purposes; or (3) to accomplish a 82
combination of the aforegoing. The term "housing project" also may 83
be applied to the planning of the buildings and improvements, the 84
acquisition of property, the demolition of existing structures, 85
the construction, reconstruction, alteration and repair of the 86
improvements and all other work in connection therewith. 87
(k) "Mixed-finance project" means a project that is 88
financially assisted by private resources, which may include 89
low-income housing tax credits, in addition to an amount provided 90
under any state or federal program. "Mixed-finance project" 91
includes a project that is developed by: 92
(i) An authority or by an entity affiliated with 93
an authority; 94
(ii) A partnership, a limited liability company, 95
or other entity in which the authority, or an entity affiliated 96
with an authority, is a general partner, managing member, or 97
otherwise participates in the activities of the entity; or 98
(iii) Any entity that grants to the authority the 99
right of first refusal and first option to purchase, after the 100
close of the compliance period, the qualified low-income building 101
in which the public housing units exist in accordance with the 102
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Internal Revenue Code of 1986, Section 42(i)(7) (26 USC Section 103
42(i)(7)); 104
( * * *l) "Persons of low income" shall mean persons or 105
families who lack the amount of income which is necessary (as 106
determined by the authority undertaking the housing project) to 107
enable them, without financial assistance, to live in decent, safe 108
and sanitary dwellings, without overcrowding. 109
( * * *m) "Bonds" shall mean any bonds, notes, interim 110
certificates, debentures, or other obligations issued by a housing 111
authority. 112
( * * *n) "Real property" shall include all lands, 113
including improvements and fixtures thereon, and property of any 114
nature appurtenant thereto, or used in connection therewith, and 115
every estate, interest and right, legal or equitable, therein 116
including terms for years and liens by way of judgment, mortgage 117
or otherwise and the indebtedness secured by such liens. 118
( * * *o) "Obligee of the authority" or "obligee" shall 119
include any bondholder, trustee or trustees for any bondholders, 120
or lessor demising to the authority property used in connection 121
with a housing project, or any assignee or assignees of such 122
lessor's interest or any part thereof, and the federal government 123
when it is a party to any contract with the authority. 124
SECTION 2. Section 43-33-11, Mississippi Code of 1972, is 125
amended as follows: 126
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43-33-11. An authority shall constitute a public body 127
corporate and politic, exercising public and essential 128
governmental functions, and having all the powers necessary or 129
convenient to carry out and effectuate the purposes and provisions 130
of this article, including the following powers in addition to 131
others herein granted: 132
(a) To sue and to be sued; to have a seal and to alter 133
the same at pleasure; to have perpetual succession; to make and 134
execute contracts and other instruments necessary or convenient to 135
the exercise of the powers of the authority; and to make and from 136
time to time amend and repeal bylaws, rules and regulations, not 137
inconsistent with this article, to carry into effect the powers 138
and purposes of the authority. 139
(b) Within its area of operation: to prepare, carry 140
out, acquire, lease and operate housing projects; to provide for 141
the construction, reconstruction, improvement, alteration or 142
repair of any housing project or any part thereof by direct 143
sponsorship of the authority, by the purchase of a mortgage or by 144
the making of a mortgage loan to a not-for-profit entity or 145
corporation. 146
(c) To own, operate, assist, or otherwise participate 147
in one or more mixed-finance projects to provide for the 148
construction, reconstruction, rehabilitation, improvement, 149
alteration or repair of any housing project or any part thereof. 150
An authority may provide capital assistance, operating assistance 151
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and financing assistance to a mixed-finance project in the form of 152
a grant, loan, guaranty, collateralization or other form of 153
investment in the project, or other form of public or private 154
borrowings, for the construction or rehabilitation of a housing 155
project. 156
( * * *d) To arrange or contract for the furnishing by 157
any person or agency, public or private, of services, privileges, 158
works or facilities for, or in connection with, a housing project 159
or the occupants thereof; and (notwithstanding anything to the 160
contrary contained in this article or in any other provision of 161
law) to include in any contract let in connection with a project, 162
stipulations requiring that the contractor and any subcontractors 163
comply with requirements as to minimum wages and maximum hours of 164
labor, and comply with any conditions which the federal government 165
may have attached to its financial aid of the project. 166
( * * *e) To lease or rent any dwellings, houses, 167
accommodations, lands, buildings, structures or facilities 168
embraced in any housing project and (subject to the limitations 169
contained in this article) to establish and revise the rents or 170
charges therefor; to own, hold and improve real or personal 171
property; to purchase, lease, obtain options upon, acquire by 172
gift, grant, bequest, devise or otherwise any real or personal 173
property or any interest therein; to acquire by the exercise of 174
the power of eminent domain any real property; to sell, lease, 175
exchange, transfer, assign, pledge or dispose of any real or 176
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personal property or any interest therein; to insure or provide 177
for the insurance of any real or personal property or operations 178
of the authority against any risks or hazards; to procure or agree 179
to the procurement of insurance or guarantees from the federal 180
government of the payment of any bonds or parts thereof issued by 181
an authority, including the power to pay premiums on any such 182
insurance. 183
(f) When one or more authorities have formed 184
partnerships, limited liability companies, or other entities in 185
which an authority, or an entity affiliated with an authority, is 186
a general partner, managing member, or otherwise participates in 187
the activities of the entity for the sake of undertaking a 188
mixed-finance project, the housing authority related entities may 189
form a self-insurance pooling arrangement under Section 11-46-17. 190
Notwithstanding another law to the contrary, such housing 191
authority-related entities may enter into an agreement or 192
agreements with each other for joint or cooperative action to pool 193
their financial and administrative resources for the purpose of 194
providing to the participating housing authority-related entities 195
risk management, insurance, reinsurance, self-insurance, or any 196
combination thereof for any and all of the areas of liability or 197
insurability, or both, for such housing authority-related 198
entities. 199
( * * *g) To invest any funds held in reserves or 200
sinking funds, or any funds not required for immediate 201
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disbursement, in property or securities in which savings banks may 202
legally invest funds subject to their control; to purchase its 203
bonds at a price not more than the principal amount thereof and 204
accrued interest, all bonds so purchased to be canceled. 205
( * * *h) Within its area of operation: to investigate 206
into living, dwelling and housing conditions and into the means 207
and methods of improving such conditions; to determine where slum 208
areas exist or where there is a shortage of decent, safe and 209
sanitary dwelling accommodations for persons of low income; to 210
make studies and recommendations relating to the problem of 211
clearing, replanning and reconstructing of slum areas, and the 212
problem of providing dwelling accommodations for persons of low 213
income, and to cooperate with the city, the county, the state or 214
any political subdivision thereof in action taken in connection 215
with such problems; and to engage in research, studies and 216
experimentation on the subject of housing. 217
( * * *i) Acting through one or more commissioners or 218
other person or persons designated by the authority: to conduct 219
examinations and investigations and to hear testimony and take 220
proof under oath at public or private hearings on any matter 221
material to its information; to administer oaths, issue subpoenas 222
requiring the attendance of witnesses or the production of books 223
and papers and to issue commissions for the examination of 224
witnesses who are outside of the state or unable to attend before 225
the authority, or excused from attendance; to make available to 226
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appropriate agencies (including those charged with the duty of 227
abating or requiring the correction of nuisances or like 228
conditions, or of demolishing unsafe or unsanitary structures 229
within its area of operation) its findings and recommendations 230
with regard to any building or property where conditions exist 231
which are dangerous to the public health, morals, safety or 232
welfare. 233
( * * *j) To make payments to public bodies in the 234
state in such amounts as it finds desirable, notwithstanding any 235
statutory limitation on the amount of such payments. 236
( * * *k) To establish and operate a nonprofit 237
corporation for housing and community development purposes. 238
* * *l) To exercise all or any part or combination of 239
powers herein granted. 240
No provisions of law with respect to the acquisition, 241
operation or disposition of property by other public bodies shall 242
be applicable to an authority unless the Legislature shall 243
specifically so state. 244
SECTION 3. Section 43-33-17, Mississippi Code of 1972, is 245
amended as follows: 246
43-33-17. Any two (2) or more authorities may join or 247
cooperate with one another in the exercise, either jointly or 248
otherwise, of any or all of their powers for the purpose of 249
financing (including the issuance of bonds, notes or other 250
obligations and giving security therefor), planning, undertaking, 251
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owning, constructing, operating or contracting with respect to a 252
housing project or projects or a mixed-finance project located 253
within the area of operation of any one * * * or more of * * * the 254
authorities. For such purpose an authority may by resolution 255
prescribe and authorize any other housing authority or 256
authorities, so joining or cooperating with it, to act on its 257
behalf with respect to any or all of such powers. Any authorities 258
joining or cooperating with one another may by resolutions appoint 259
from among the commissioners of such authorities an executive 260
committee with full power to act on behalf of such authorities 261
with respect to any or all of their powers, as prescribed by 262
resolutions of such authorities. 263
SECTION 4. The following shall be codified as Section 264
43-33-52, Mississippi Code of 1972: 265
43-33-52. The individual commissioners, directors, 266
supervisory employees, and supervisory agents of a housing 267
authority, whether such housing authority is formed under this 268
chapter or by private act, while acting in the scope of their 269
authority, including those entities that a housing authority or 270
entity affiliated with a housing authority may form, incorporate 271
or join as a partner or member to develop or manage a 272
mixed-finance project, and the directors, supervisory employees, 273
and supervisory agents of such entities, while acting in the scope 274
of their authority for the development or management of the 275
mixed-finance project, enjoy the same protections and immunities 276
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ST: Housing Authorities; authorize pooling of
liabilities with private developers for
affordable housing.
that are presently provided for housing authority corporations 277
under the law of this state, and any protections and immunities 278
that may be provided to housing authorities in the future under 279
the law of this state. 280
SECTION 5. This act shall take effect and be in force from 281
and after July 1, 2026. 282