Mississippi Fair Housing Act; enact.

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To: Housing; Judiciary,
Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Hickman

SENATE BILL NO. 2421

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