Mississippi Fair Housing Act; create.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Scott

HOUSE BILL NO. 89

AN ACT TO CREATE THE "MISSISSIPPI FAIR HOUSING ACT"; TO 1
DEFINE CERTAIN TERMS; TO DECLARE THAT THE OPPORTUNITY TO OBTAIN 2
HOUSING AND OTHER REAL ESTATE WITHOUT DISCRIMINATION IS A CIVIL 3
RIGHT; TO PROHIBIT CERTAIN DISCRIMINATORY CONDUCT IN REAL ESTATE 4
TRANSACTIONS AND IN REAL ESTATE FINANCING; TO DECLARE THAT 5
CONDITIONS RELATING TO THE USE OR OCCUPANCY OF REAL PROPERTY BASED 6
UPON DISCRIMINATORY REASONS ARE VOID EXCEPT IN CERTAIN SITUATIONS 7
INVOLVING RELIGIOUS ORGANIZATIONS; TO PROHIBIT CERTAIN 8
REPRESENTATIONS IN REAL ESTATE TRANSACTIONS; TO PROHIBIT 9
RETALIATION AGAINST PERSONS WHO OPPOSE DISCRIMINATORY HOUSING 10
PRACTICES; TO AUTHORIZE PERSONS ALLEGING A VIOLATION OF THE ACT TO 11
SEEK INJUNCTIVE RELIEF AND DAMAGES; AND FOR RELATED PURPOSES. 12
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 13
SECTION 1. This act shall be known and may be cited as the 14
"Mississippi Fair Housing Act". 15
SECTION 2. As used in this act, the following words and 16
phrases have the meanings ascribed in this section unless the 17
context clearly indicates otherwise: 18
(a) "Housing accommodation" means improved or 19
unimproved real property, or a part of such property, which is 20
used or occupied, or is intended, arranged or designed to be used 21
or occupied, as the home or residence of one or more persons. 22
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(b) "Real estate broker or salesperson" means a person, 23
whether licensed or not, who: 24
(i) For or with the expectation of receiving a 25
consideration, lists, sells, purchases, exchanges, rents or leases 26
real property; 27
(ii) Negotiates or attempts to negotiate any of 28
the activities listed in subparagraph (i); 29
(iii) Holds himself or herself out as engaged in 30
the activities listed in subparagraph (i); 31
(iv) Negotiates or attempts to negotiate a loan 32
secured or to be secured by a mortgage or other encumbrance upon 33
real property; 34
(v) Is engaged in the business of listing real 35
property in a publication; or 36
(vi) Is a person employed by or acting on behalf 37
of a real estate broker or salesperson. 38
(c) "Real estate transaction" means the sale, exchange, 39
rental or lease of real property or an interest in real property. 40
(d) "Real property" includes a building, structure, 41
mobile home, real estate, land, mobile home park, trailer park, 42
tenement, leasehold or an interest in a real estate cooperative or 43
condominium. 44
SECTION 3. The opportunity to obtain housing and other real 45
estate without discrimination because of religion, race, color, 46
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national origin, sex, disability or familial status as prohibited 47
by this chapter is recognized and declared to be a civil right. 48
SECTION 4. (1) A person engaging in a real estate 49
transaction or a real estate broker or salesperson may not, on the 50
basis of religion, race, color, national origin, sex, disability 51
or familial status of a person or a person residing with that 52
person: 53
(a) Refuse to engage in a real estate transaction with 54
a person; 55
(b) Discriminate against a person in the terms, 56
conditions or privileges of a real estate transaction or in the 57
furnishing of facilities or services in connection with a real 58
estate transaction; 59
(c) Refuse to receive from a person or transmit to a 60
person a bona fide offer to engage in a real estate transaction; 61
(d) Refuse to negotiate for a real estate transaction 62
with a person; 63
(e) Represent to a person that real property is not 64
available for inspection, sale, rental or lease when, in fact, it 65
is so available, or knowingly fail to bring a real property 66
listing to a person's attention or refuse to permit a person to 67
inspect real property; 68
(f) Make, print or publish, or cause to be made, 69
printed or published, any notice, statement or advertisement with 70
respect to the sale or rental of a dwelling which indicates any 71
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preference, limitation or discrimination based on race, color, 72
religion, sex, handicap, familial status or national origin or an 73
intention to make any such preference, limitation or 74
discrimination; or 75
(g) Offer, solicit, accept, use or retain a listing of 76
real property with the understanding that a person may be 77
discriminated against in a real estate transaction or in the 78
furnishing of facilities or services in connection with a real 79
estate transaction. 80
(2) This section does not apply to: 81
(a) The rental of a housing accommodation in a building 82
that contains housing accommodations for not more than two (2) 83
families living independently of each other if the owner or a 84
member of the owner's immediate family resides in one (1) of the 85
housing accommodations, or to the rental of a room or rooms in a 86
single-family dwelling by a person if the lessor or a member of 87
the lessor's immediate family resides in the dwelling. 88
(b) The rental of a housing accommodation for not more 89
than twelve (12) months by the owner or lessor if it was occupied 90
by him or her and maintained as his or her home for at least three 91
(3) months immediately preceding occupancy by the tenant and is 92
temporarily vacated while maintaining legal residence. 93
SECTION 5. (1) A person to whom application is made for 94
financial assistance or financing in connection with a real estate 95
transaction or in connection with the construction, 96
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rehabilitation, repair, maintenance or improvement of real 97
property, or a representative of that person, may not: 98
(a) Discriminate against the applicant because of the 99
religion, race, color, national origin, sex, disability or 100
familial status of the applicant or a person residing with the 101
applicant; or 102
(b) Use a form of application for financial assistance 103
or financing to make or keep a record or inquiry in connection 104
with an application for financial assistance or financing which 105
indicates, directly or indirectly, a preference, limitation, 106
specification or discrimination as to the religion, race, color, 107
national origin, sex, disability or familial status of the 108
applicant or a person residing with the applicant. 109
(2) Subsection (1)(b) of this section does not apply to a 110
form of application for financial assistance prescribed for the 111
use of a lender regulated as a mortgagee under the National 112
Housing Act, as amended, 12 USC Sections 1701-1750g, or by a 113
regulatory board or officer acting under the statutory authority 114
of this state or the United States. 115
SECTION 6. (1) A condition, restriction or prohibition, 116
including a right of entry or possibility of reverter, which 117
directly or indirectly limits the use or occupancy of real 118
property on the basis of religion, race, color, national origin, 119
sex, disability or familial status is void. However, this section 120
does not prohibit a religious organization, association or 121
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society, or any nonprofit institution or organization operated, 122
supervised or controlled by or in conjunction with a religious 123
organization, association or society, from limiting the sale, 124
rental or occupancy of dwellings that it owns or operates for 125
other than a commercial purpose to persons of the same religion, 126
or from giving preference to such persons, unless membership in 127
such religion is restricted because of race, color, sex, 128
disability, familial status or national origin. 129
(2) A person may not insert a provision that is void under 130
this section into a written instrument relating to real property 131
or honor such a provision in the chain of title. 132
(3) A person may not threaten, intimidate or interfere with 133
persons in the enjoyment of their dwelling because of the race, 134
color, national origin, sex or familial status of such persons or 135
of visitors or associates of those persons. 136
(4) A person may not discharge, threaten, coerce, intimidate 137
or take any other adverse action against an employee, broker, 138
agent or other person because he or she refused to take part in a 139
discriminatory housing practice or because he or she has aided or 140
encouraged any other person in the exercise or enjoyment of any 141
right granted under this act. 142
SECTION 7. A person may not represent, for the purpose of 143
inducing a real estate transaction from which the person may 144
benefit financially, that a change has occurred or will or may 145
occur in the composition, with respect to religion, race, color, 146
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national origin, sex, disability or familial status of the owners 147
or occupants, in the block, neighborhood or area in which the real 148
property is located or represent that this change will or may 149
result in the lowering of real property values, an increase in 150
criminal or antisocial behavior or a decline in the quality of 151
schools in the block, neighborhood or area in which in the real 152
property is located. 153
SECTION 8. A person or two (2) or more persons conspiring 154
together may not: 155
(a) Retaliate or discriminate against another person 156
because that person has opposed a violation of this act or because 157
that person has made a charge, filed a complaint, testified, 158
assisted or participated in an investigation, proceeding or 159
hearing under this act; 160
(b) Attempt, directly or indirectly, to commit an act 161
prohibited by this act; 162
(c) Willfully interfere, obstruct or prevent a person 163
from complying with this act or an order issued or rule 164
promulgated under this act; or 165
(d) Discharge, threaten, coerce, intimidate or take any 166
other adverse action against an employee, broker, agent or other 167
person because he or she refused to take part in a discriminatory 168
housing practice or because he or she aided or encouraged any 169
other person in the exercise or enjoyment of any right granted 170
under this act. 171
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ST: Mississippi Fair Housing Act; create.
SECTION 9. (1) (a) A person alleging a violation of this 172
act may bring a civil action for appropriate injunctive relief or 173
damages, or both. 174
(b) As used in paragraph (a) of this subsection, 175
"damages" means damages for injury or loss caused by each 176
violation of this act, including reasonable attorney's fees. 177
(2) An action commenced under subsection (1) of this section 178
may be brought in the circuit court in: 179
(a) The county where the alleged violation occurred; or 180
(b) The county where the person against whom the civil 181
complaint is filed resides or has his or her principal place of 182
business. 183
(3) In a civil action under this act, the court, in its 184
discretion, may allow the prevailing party reasonable attorney's 185
fees and costs. 186
(4) A court rendering a judgment in an action brought under 187
this act may award all or a portion of the costs of litigation, 188
including reasonable attorney's fees and witness fees, to the 189
complainant in the action if the court determines that the award 190
is appropriate. 191
SECTION 10. This act shall take effect and be in force from 192
and after July 1, 2026. 193